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PRACTICE PROFILE
Mair Coombes-Davies has a dual qualification as an architect and barrister. She is head of Civitas DR the Dispute Resolution Division and a member of the Chancery, Business and Consumer Law Group. Her areas of practice include building, engineering and land disputes. Her expertise covers a wide area: construction and commercial contracts, e-commerce and consumer affairs, professional negligence, land, property, planning, boundary and right of way disputes.
Her work incorporates arbitration, adjudication, mediation, public inquiries and litigation. She has conducted many hundreds of arbitrations and adjudications, and is an appointed arbitrator of the Welsh Assembly Government and the Office of the Deputy Prime Minister. She leads and sits on specialist committees on the development and future of ADR (alternative dispute resolution), including: the General Council of the Bar, the Chartered Institute of Arbitrators and the Royal Institute of British Architects. She has also lectured widely and is the author of several publications on ADR.
APPOINTMENTS
QUALIFICATIONS
MEMBERSHIPS
FIELDS OF WORK
• Building, Construction & Engineering Contracts
- Formation of contracts, mistake and misrepresentation
- Interpretation of construction and engineering contracts and subcontracts
- Obligations and liabilities of employers, main contractors and subcontractors
- Professional negligence and standard of skill and care of architects, engineers and quantity surveyors
- Third party rights, assignments of contractual rights
- Warranties and bonds
- Impossibility of performance, contributory negligence, economic duress, estoppel and exclusion clauses
- Licence
- Liability for design, inspection and supervision
- Quality and fitness of materials and workmanship
- Vesting of property in materials and lien
- Variations, valuations and liquidated damages
- Payment, non-payment, quantum meruit and recovery of payments
- Interim certificates, final certificates, set-offs and approvals
- Delays to the programme
- Determination and discharge of contracts
- Latent damage
- Insolvency
- Negligence, nuisance, breaches of statutory duty, vicarious liability, occupiers liability and liabilities to third persons
• Companies and Partnerships
- Partners' rights between themselves and liability to third persons
- Partnership property, division of assets and profits
- Partners' lien
- Dissolution of partnerships
- Powers and liabilities of companies
- Ownership and disposition of company property
- Insolvency
• Landlord and Tenant
- Leases, underleases, and licences
- Reversions and assignments of leases
- Content, interpretation, variations and implied terms of leases
- Fixtures and fittings
- Terms of tenancies, terminating leases, notices to quit, recovering possession and security of tenure
- Payment, non-payment, deductions and recovery of rent
- Rent reviews
- Repair, rebuilding, waste, fitness, alterations and improvements of premises
- Tenants' obligations to landlords, and vice-versa
- Benefit and burden of covenants for quiet enjoyment
• Real Property
- Purchase, sale and rent of land/property
- Construing title deeds, statutory declarations, maps and photographs
- Rectification and estoppel
- Boundary disputes
- Land registry adjudications
- Creation and extinguishment of easements and licences
- Easement disputes including rights of way, ways of necessity, rights of lights, rights of support, and water rights
- Trespass to land and airspace
- Adverse possession and recovery of land
- Nuisance and abatement
- Party walls, party structures, and access to neighbouring land
- Professional negligence of valuers, estate agents and surveyors
• Planning
- Planning applications, permissions, appeals and judicial review
- Compulsory purchases, acquisition of land, adverse effects on property and compensation
- Development of land, changes of use and permitted developments
- Environmental impact assessments and protection of wildlife
- Listed buildings consent and enforcement
- Developments and development control within conservation areas, SSSIs, areas of Outstanding Natural Beauty, National Parks and Urban Development Areas
- Enforcement of planning control and enforcement notice appeals
- Highways improvements
- Publicity (including lack of) for planning applications
- Lands Tribunal relief
• ADR: Arbitration, Adjudication and Mediation
- Jurisdiction and powers of the tribunal
- Construing agreements for arbitration and adjudication
- Loss of right to object
- Default of parties
- Joinder of parties
- Arbitration awards, adjudication decisions and mediation settlements
- Enforcement of, and appeals to, awards and decisions
- Costs
• E-Commerce and consumer affairs
- On-line resolution in business to consumer e-commerce transactions
- Communications and internet services adjudications
- Consumer portection
- Sale of goods, supply of services, distance selling and enforcement
- Privacy and data protection issues
- Contract formation including internet contracts and termination of contracts
- Identification of contracting parties and insolvency of parties
- Incorporation of terms and conditions, unfair contract terms and breaches of contract
- Lost data, lost business revenue
- Mobile and broadband services
- Payments, direct debits, cash-back arrangements, charges, overcharging and debt collection