Derek Marshall

About My Work

Derek was called to the Bar in 1980 and has practiced in Southampton ever since. He was a founder member of College Chambers in 1989 and retired as our Head of Chambers in 2021 although he remains a full member.

After over 40 years as a civil and family finance practitioner Derek now works exclusively as a Civil Dispute Mediator, Family Finance Arbitrator, Private FDR and ENE Judge and as the Independent Legally Qualified Advisor to Police Misconduct Panels.

Derek qualified as a Civil Dispute Mediator in 2006 and since then has carried out hundreds of mediations in England and abroad, both by private appointment and by Court direction as the nominated Mediator. The parties who attend his mediations are usually (but not always) represented by legal teams and he sees his role as being to actively guide them to a settlement, provide early neutral evaluation where needed and to supervise the recording of the agreement into the form of a binding Court order.

He is accredited with the Civil Mediation Council.

In 2012 Derek qualified as a Family Finance Arbitrator under the IFLA scheme and has since then conducted many Arbitrations under the scheme. Since qualification as a Family Finance Arbitrator he has been admitted as a Member of the Chartered Institute of Arbitrators.

He also carries out work as a Private Financial Dispute Resolution Judge and Private Early Neutral Evaluation Judge.

Derek sits as the Legally Qualified Advisor to Police Misconduct Panel which hears the most serious cases of police misconduct. This Panel has the power to dismiss, reduce in the ranks or give written or final written warnings to officers against whom allegations of misconduct are proved. Hearings are in public and are usually reported in the press.

Away from Chambers, Derek is Chair of the Board of The YOU Trust, a prominent local charity involved in supporting people and families in the community.

Notable Experience

• Carried out several family finance arbitrations, usually where there are large assets or money tied up in family companies and businesses.
• Mediated a hugely complicated contested will and Inheritance Act claim with many tangential allegations being made including against the estate solicitors. Value was over £1 million.
• Arbitrator in a matrimonial finance case. The wife was self representing and both parties needed an early and clear decision as the husband wanted to re-marry and the wife needed to resolve her housing issues and employment position.
• Appointed as Mediator by the occupier of premises, the freehold occupier of the adjoining premises and the business tenant of the adjoining premises to resolve a fumes/noxious substances nuisance claim. Litigation was at an advanced stage and substantial costs had already been incurred. Key to resolution was to persuade the parties to come up with a practical solution.
• Mediated in a contract and professional negligence dispute about a mobile jetting system used to extract water and mud from deep excavations on construction sites. The equipment was alleged not to meet specifications As the mediator Derek had to learn and understand a great deal of technical detail in order to see the strengths and weaknesses of the respective cases.
• Mediated for a deadlocked company board (50/50 shareholders) who could not agree on certain fundamental issues. The company was heading for winding up on “just and equitable” grounds if not resolved. There was a lot of money (several million) at stake and many employees. Derek was able to resolve it by supervising a board meeting and helping the parties to draft a shareholders’ agreement to resolve their differences and keep the company in business.
• Mediated a boundary and adverse possession dispute with several different parcels of land and different people claiming different rights over the parcels
• Mediated a very large, multi-party contested Inheritance Act case in which there were several charitable beneficiaries who were unwilling to make any compromises.

Memberships & Qualifications

• (2019) Legally Qualified Chair of Police Misconduct Hearings
• (2012) Family Finance Arbitrator (Chartered Institute of Arbitrators)
• (2006) Civil Dispute Meditator (Regents College of Psychotherapy)
• (1979) LLB (Hons) Southampton)