Amy Sedgwick

Amy advises and represents clients in all aspects of contentious trust and probate including wills, inheritance disputes and Court of Protection matters.

Her experience includes:

• Inheritance Act claims
• Applications to remove and replace executors and trustees
• Claims for breach of duty against executors and trustees
• Acting for executors in relation to claims against the estate
• Will validity, construction, and rectification
• Secret trusts
• Trusts of land and setting aside declarations of trust
• Proprietary Estoppel
• Applications to the Probate Registry
• Actions concerning financial abuse of elderly patients
• Appointment of deputies
• Acting for deputies in pursuing or defending claims on behalf of P
• Validity of Lasting Powers of Attorney
• Civil procedure and, in particular, costs

Amy is a CEDR qualified mediator and evaluator with a particular focus on trust will and estate disputes.  For the last 6 years she has been recommended in the Legal 500 as a Leading Junior (Top Tier) in this area.  She is ACTAPS qualified and a member of both ConTrA and the Chancery Bar Association.  She brings her extensive knowledge and experience in dealing with these disputes as a practitioner at the bar to the mediations and evaluations she is instructed to conduct.

Mediation

Amy offers in person, remote and hybrid mediations.  She is willing to adapt to meet the needs of the parties and can offer half day mediations or follow up appointments where a dispute is not resolved on the day.

Her fees are as follows:

For cases with a value of up to £1m, her daily rate is £3,000 per day plus VAT (from 9am to 5pm) which includes 4 hours preparation.

For cases with a value of £1m or more, her daily rate is £3,750 per day plus VAT (from 9am to 5pm) which includes 6 hours preparation.

The preparation will include a remote pre mediation meeting with both parties in advance of the mediation, which will cover introductions and matters of housekeeping.

Any additional hours of preparation, attendance at a mediation beyond 5pm and/or a follow up appointment will be charged at the hourly rate of £300 plus VAT.

Additional charges and rates may apply depending on the location of in person mediations, for disputes involving more than two parties, more than one claim and/or disputes with a value more than £2m.

Early Neutral Evaluation (ENE)

Many have experience of ENE (or similar FDR hearings) though the court litigation process, where a Judge gives an indication as to the likely outcome at trial.

Outside of (or alongside) the court litigation process, Amy acts as a neutral expert who is appointed by both parties to provide an independent assessment of either a particular aspect of a dispute, including interim matters, or a dispute as a whole.

Similar to court-based ENE, it is conducted on a without prejudice and confidential basis, and unless otherwise agreed, is non-binding.

It is a more efficient and less costly alternative to litigation.  It can be used on its own, in conjunction with mediation, as a precursor to mediation or in the event that mediation has failed.

ENE can be particularly useful in situations where:

1. the parties could benefit from a “steer” to aid in negotiations;
2. the case turns on a discrete point of law;
3. there is a not insignificant divergence in views or expectations;
4. one or both parties are unrealistic as to the merits of the case;
5. mediation in itself is not enough and the parties want something more.

The ENE process offers a huge amount of flexibility to suit the parties.  For example, an ENE can take place based upon the documents alone, at a hearing, or a combination of both. Furthermore, the hearing can be as formal or informal as the parties prefer.  The options range from a court room style set up with both parties in attendance making submissions or alternatively several individual less formal private meetings, or a joint meeting followed by private sessions.  Whatever the design, it is hoped that the process forms the basis of fruitful negotiations between the parties and ultimately, a settlement.

If you would like to speak to Amy to discuss what could potentially work best for your client, please feel free to arrange a free telephone appointment.  To receive a quote, it will be necessary to determine the style of process required and the value of the dispute.  Fees start from £2,000 plus VAT, which is shared between the parties.

All enquiries should be directed to the clerks at Pallant Chambers

Tel: 01243 784 538

Email: clerks@pallantchambers.co.uk