Stephen Barker

Practice Areas

• Banking & Finance

• Commercial

• Construction & Engineering

• ICT

• Insolvency

• Manufacturing

• Partnership & Shareholder

• Professional Negligence

• Property

• Sale of Goods & Services

• Sport

• Public Sector

• NHS & Healthcare

He mediates the full range commercial disputes, internationally and domestically. He also recognises that sometimes the simplest of cases are the hardest to crack. Whether a case is large or small, complex or straightforward, Stephen will bring the same focus and energy to work with the parties to find a mutually acceptable lasting solution.

He has particular expertise in mediating professional negligence claims, insolvency, and shareholder/partnership disputes, alongside an established practice in commercial contract, IT and construction mediation.

Stephen has a creative and facilitative style and works tirelessly to enable parties to find solutions to their problems, however complex. His dogged approach has resulted in a very high settlement rate in his mediations. He strives to provide a neutral, calm and professional space for the parties to explore the options for resolution working hard to uncover the underlying barriers and hidden opportunities by listening patiently and allowing people to explain their needs and concerns in private.

Career

Admitted as a solicitor in England & Wales (1989)

Higher Rights of Audience (1998)

Barrister (2017)

CEDR accredited mediator since 2001

Prior to his call to the Bar in 2017, Stephen worked in private practice as a Solicitor. On transferring to become a barrister, he became a tenant at 4-5 Gray’s Inn Square in London.

When he was admitted as a Solicitor in 1989, Stephen joined Eversheds, one of the leading international law firms and became an equity partner in 1999. He was head of the Commercial Litigation team at the Birmingham office of Eversheds, until he moved on in 2006 to join US law firm Reed Smith as a partner in their Commercial Disputes Group. Later Stephen was part of the management team of Reed Smith’s Birmingham off-shoot, Hill Hofstetter, now FieldFisher. He set up Barker Commercial Law, to look after the commercial legal needs of a select group of clients, including an automotive systems manufacturer and one of the world’s leading cyber-security software developers, both global listed businesses.

During his legal practice career, Stephen has been fortunate to gain fantastic experience representing many household name clients in major business disputes, sometimes with values in the hundreds of millions.

Stephen’s background is complex commercial litigation and arbitration. Formerly, partner at international law firms Eversheds and Reed Smith. Historically rated for Commercial Litigation as: “Hard working and highly intelligent"; “An extremely good litigator with an astute business mind”; "A-list player ... good legal brain ... brings incredible energy to his cases.".

Stephen is sought after as one of the UK’s leading Commercial Mediators. He has mediated full- time since 2012 and is acknowledged as a leader in his field by Chambers & Partners, Legal 500 and Who’s Who Legal.

Stephen has settled many highly complex disputes requiring a firm grasp of the facts and an eye for detail.

Alongside Stephen’s busy mediation practice he acts as English Legal Counsel to a German automotive manufacturing company.

Professional Memberships

CEDR Chambers Mediator Panel

Chair of the Association of Northern Mediators

Personal

Stephen is a tenant at 4-5 Gray’s Inn Square, and lives in the Cumbrian hills with his wife and two Flat-coated Retrievers.

He spends time with his wife and walking the dogs. Fails to keep his garden under control. Rides his motorcyle. Restores, repairs and builds guitar, occasionally playing them.

Clients

• “It is inherent in a mediation process that the involved parties rarely get exactly what they want but the end result is always dependent on the quality of the mediator. That quality shone through today.

• We were delighted at the outcome. I cannot stress enough the feeling of relief at the lifting of three years’ worth of harassment and constant pressure, which will now allow us to pursue our lives in a manner which we had thought would never return.”

• “Is it wrong to hope that your clients will bring you a litigation problem, just so you get the chance to work with someone who inspires you? This was my dilemma while at [ ]. Stephen's passion ……. makes working with him fun and exciting. If there is a hope, he will find it, sometimes in the most unusual places. But if there is no hope, he will tell you, but beautifully craft an exit that gets the best commercial outcome for the client. I loved working with Stephen, he inspired me … and continues to do so to this day.”

• “Stephen has mediated a case in which I was instructed as a barrister. His approach was very patient, measured and creative and we ended up with a good and workable compromise.”

• “Stephen achieved a settlement between two difficult clients with entrenched views. He was efficient and organised, he pitched the discussions at exactly the right level. He engaged with the client and kept the momentum going until the very end. I would highly recommend Stephen and would not hesitate to instruct him again.”

• “Mr Barker was astonishingly effective.”

Experience

Here are some examples of Stephen's dispute resolution experience throughout the years:

ICT

• Software services dispute arising from the early termination of fixed term contract for the provision of a web-based car sales portal. The software services provider sought payment for the term of the contract, which was being defended on the basis of functionality defects and allegations of pre-contract compatibility misrepresentations.

• Dispute between internet e-commerce services provider with sales generation business regarding disputed direct debit indemnity claim and questions as to standard of service delivered, contractual misrepresentations and questions of insolvency of customer.

A number of IT software and project implementation projects including:

• Acting for IT services company in £13m claim arising from the termination of the implementation of a new IT system for a financial institution.

• Advising software company in respect of licence disputes.

Professional Negligence

• Claim against top four accountancy firm relating to handling of tax investigation with counterclaim for unpaid fees.

• Three party professional negligence claim (in effect two mediations in one). Wife in matrimonial case alleged that two sets of lawyers had failed to protect her interests by failing to obtain and enforce worldwide freezing order against husband’s substantial business assets in Pakistan.

• Professional negligence claim against top four accountancy firm relating to handling of tax investigation with counterclaim for unpaid fees.

Public Sector

• Acting for transport firm in JR of decision in respect of reimbursement rates for concessionary fares for over 60s.

• Advising government department on challenges to procurement decisions.

Sport

• Representing World Rally Champion in litigation with his race team.

• Acting for F1 world champion, in a falling-out with his commercial manager.

NHS & Healthcare

• Acting for supplier of medical diagnostic equipment in €7m international arbitration against Turkish distributor.

• Advising veterinary medical supplies in complaint concerning adverse procurement decision.

Manufacturing

• A vehicle manufacturer with supply chain issues.

• Acting for Tier 1 suppliers in production line stoppage disputes.

Insolvency

• Claim by administrator to claim to recoup alleged preferences - payments by insolvent company and VAT refunds paid to a fuel-card company which reduced debts backed by directors’ personal guarantees.

• Tri-partite mediation in claim by liquidator against former director and connected company relating to the transfer of assets at an undervalue, and claim by liquidator against the solicitors who had carried out the transaction.

Banking & Finance

• Tri-partite dispute between financial institution seeking to enforce security over property relating to various corporate cross guarantees, defended on basis of undue influence and noncompliance with financial institution’s obligations to provide information to surety. Surety brought Part 20 claim against lawyers alleging professional negligence in respect of advice to give the security.

• Four party guarantee/misrepresentation/solicitor’s negligence dispute. Claim by brewery against guarantors for trade debt and lease liabilities. Counterclaim alleging misrepresentation. Third Party claim against guarantors’ solicitors.

Commercial

• Shareholder dispute arising out of automotive technology joint venture. Cross claims and allegations between parties as to performance of obligations, share of profits and cost allocations.

• Claim for damages for breach of outsourcing contract, alleging poor performance against key performance indicators with equal and opposite cross claim for payment of invoices.

Construction & Engineering

• Claim for delay and disruption damages by contractor against supplier relating to allegedly faulty product.

• Final account dispute as to quantum and allegations of defective/out of specification work.

Partnership & Shareholder

• Shareholder dispute arising out of automotive technology joint venture. Cross claims and allegations between parties as to performance of obligations, share of profits and cost allocations.

• Six party “Springboard” injunction proceedings between volume car trading business and group of former employees. Allegations of unlawful retention of confidential information such as customer lists, pricing and business plans.

Education