Elizabeth Repper

Call: 2002

Email: erepper@keatingchambers.com

Tel: +44 (0)20 7544 2600

Practice Overview

Ranked in the Legal 500 2016, and appointed as mediator over 90 times, Elizabeth Repper mediates disputes throughout the UK and in the Channel Islands.

A tenant at Keating Chambers since 2005 representing clients in arbitrations (domestic and international), adjudications and court (including in party wall disputes), in 2014, Liz focused her practice solely on alternative dispute resolution appointments (and is therefore now available only to act as mediator, adjudicator or other ADR professional).

Together with mediating construction, property and professional negligence disputes (including those involving solicitors, architects, engineers and surveyors), Liz has a growing practice mediating general commercial cases (including disputes involving liquidators and trustees in bankruptcy). She has also co-mediated multi-million pound and multi-party disputes, including an 5 party and an 8 party dispute.

A popular choice with clients who appreciate her “attention to detail”, “relaxed style” and knowledge of the subject area, Liz has been praised for being “very perceptive as to where the main issues would lie” as well as really “bending her back” on behalf of the parties and brokering a settlement that would have been impossible without her help.

Liz accepts mediator appointments under Keating Chambers’ Fixed Fee Mediation Packages. She has also been appointed as a TECBAR adjudicator in a valuation dispute and, if required, is available to undertake evaluative as well as facilitative mediation.

As a well known writer and speaker, Liz is regularly invited to give her workshop about practical tips for parties attending mediations. Feedback includes that she has tremendous insight into the process and what works and what does not”  and “is easy to talk to and gets the best out of people”. She is the author of the Practical Law Note ‘Mediation of Construction Disputes’ and a blogger for Practical Law Construction. Her articles have also appeared in the ICE Construction Law Quarterly, the JCT Newsletter and the RICS Property Journal.

Practice Areas
  • Mediation
  • Work as Counsel: 2005 - 2014
Mediation

The types of cases Liz has been appointed to mediate include:

  • Residential and commercial construction cases about unpaid invoices, final accounts, delay, defects, loss of profit and distress and inconvenience.
  • Disputes about interests in property, including between family members.
  • Cases brought by liquidators and trustees in bankruptcy (including in relation to applications to avoid transactions at an undervalue)
  • Landlord and tenant disputes about repairing obligations, major works, service charge, damage to property and lease renewal under the Landlord and Tenant Act 1954.
  • Commercial disputes involving former business partners, company guarantees and the transfer of shares.
  • Professional negligence disputes, including claims against architects, project managers, building surveyors, engineers and solicitors.
  • Neighbour disputes about boundaries, easements, rights of way, trees, drainage, harassment and blight.
  • Party wall disputes, including cases about property damage.

Liz is a keen promoter of approaching mediation in a dynamic way and is frequently invited by law firms and professional bodies to speak about the latest cases and practical tips for parties preparing for mediation. Her recent talks have taken place in Bristol, Exeter, Glasgow, Cambridge, Norwich and Chelmsford.

Liz is the author of the Practical Law Note ‘Mediation of Construction Disputes’ and a regular blogger for the Practical Law website. Her articles on mediation have also been published by Building Magazine, JCT Newsletter, the Association of Residential Managing Agents (ARMA), the RICS Property Journal, Direct Access Portal and a Malaysian law firm.

 

Feedback on Liz’s style received includes:

  • “Thank you for helping the parties resolve this matter. I know that without your involvement a settlement would not have happened as we had tried and failed before.
  • Liz was a very good mediator. She had clearly read into the dispute and was very perceptive as to where the main issues would lie. She also worked hard throughout the day.”
  • “Liz’s grasp of the issues and attention to detail contributed in no small measure to a positive outcome.”
  • Very satisfied. Well prepared and on top of all potential issues. Sensitive to the issues and the personalities and acrimony involved. Gained both sides’ trust, persisted with parties who had previously entrenched themselves on most issues. Very authoritative and firm.”
  • “I have used the process of ADR on a number of my investigation cases and, having recently engaged Liz Repper for the first time, can confidently state that she is the most accomplished and effective mediator I have used. Liz adopts a relaxed but no-nonsense approach to mediation, combined with a very thorough understanding of all issues and the respective arguments and expectations of the parties involved. Her style is to encourage the parties to focus on the desired outcome rather than the minutiae and emotive issues which could otherwise frustrate the settlement process. I can wholeheartedly recommend Liz to anyone seeking an accredited mediator and will most certainly be using her again myself in the future.”
  • “Liz’s relaxed style puts parties at ease which is invaluable. Very happy, would definitely recommend Liz and use her again.”
  • “I found Elizabeth to be a really good mediator, who knew the subject, understood the clients and handled everyone really well.”
  • “I have used Elizabeth in a number of specialist construction mediations and each time I have been impressed with her ability to cut through the nonsense and get the parties to focus on what really matters. On each occasion Elizabeth has been able to facilitate a deal being done on the day. I would not hesitate to use Elizabeth again.”
  • “Elizabeth was a very effective mediator; she managed to steer a course to a compromise in circumstances where this had appeared entirely unlikely prior to the mediation. She maintained a courteous approach that helped to keep the atmosphere civil and tirelessly went back and forth until a deal was brokered.
Work as Counsel: 2005 - 2014

During Liz’s time as practising Counsel, she represented clients in arbitrations (domestic and international), adjudications, litigation (including party wall disputes and adjudication enforcements), mediations and other ADR meetings.

Liz was instructed as Counsel in disputes of varying value about projects in the UK and abroad. This included a multi-million dollar ICC arbitration about the construction of an office block built abroad in which Liz dealt with, and cross examined on, concrete defects. It also included Liz acting as a Junior on a six week arbitration about the value of a final account under the ICE conditions and, on the instructions of the Treasury Solicitor, in a multi-million pound arbitration about the interpretation of a PFI contract. Liz was also Junior Counsel in Taylor Woodrow Holdings Limited v Barnes & Elliott Limited [2006] BLR 377.

Liz also acted as Counsel in adjudications, as well as on adjudication enforcement. Her reported cases include three about adjudication enforcement (See: J G Walker Groundworks Limited v Priory Homes (East) Limited [2013] EWHC 3723; M Rohde Construction v Markham-David [2006] BLR 291; Harlow & Milner Ltd v Teasdale [2006] BLR 359). The guidance from Harlow & Milner Ltd v Teasdale [2006] BLR 359 about charging orders and enforcing a sale appears in CPR Part 73.

Liz also acted in claims involving homeowners and commercial clients about defective works, damage to property, nuisance, points of insurance law and harassment, as well as in a successful claim for negligent misstatement made by the owner of a rental property against a local authority which was reported by the local press.

Liz was involved in a number of appeals and injunctions about the Party Wall etc Act 1996 and twice was invited to be an advocate in the party wall moot before Akenhead J.

The popularity of her 2009 Practical Law article on common ways to claim interest also led to her being instructed to advise about interest claims, including in relation to a claim involving bona vacantia.

More broadly, Liz began her practice as counsel acting in road traffic cases and defending claims made against a high street bank, including mortgage claims and claims of harassment.

Chambers and Partners 2010 said Liz is “praised for her thoroughness”…“takes meticulous care over every single point”…”an eloquent drafting style.”