Deputy Head of Clerking
Practice Manager
Assistant Practice Manager
Lyndsey de Mestre KC has been practising at the business and property Bar for over 20 years and was appointed a KC in February 2018. She is a full-time arbitrator and mediator works both domestically and in offshore jurisdictions (notably the BVI and the DIFC).
Her expertise is in business related disputes of all types (including shareholder disputes, joint ventures (in both a corporate and partnership context), breaches of NDAs and SHAs, unfair prejudice, quasi-partnerships, material non-disclosure, misrepresentation, rescission of subscription agreements, forfeiture of leases) with particular experience in insolvency, company and contract related disputes. As a result of over 15 years’ appointment representing the UK government (primarily the Secretary of State for Business, Energy and Industrial Strategy) for the Attorney General and appointment as standing counsel to the Association of Chartered and
Certified Accountants in insolvency matters, she developed a specialisation in a range of work involving public interest aspects, corporate governance, directors’ fiduciary and non-fiduciary duties and responsibilities to shareholders and stakeholders. Lyndsey has experience under the rules of UNCITRAL, LCIA, DIFC-LCIA and ad-hoc arbitrations.
Lyndsey is a robust and thorough arbitrator with a forensic eye for detail. She considers it important to engage with the parties at the outset regarding matters of procedure and expectations for timetable. Lyndsey encourages the early identification of potentially dispositive issues and discussions as to whether there are compelling reasons to consider resolution of such issues as a preliminary matter or, based on their factual matrix or otherwise, whether these are more appropriately reserved for resolution as part of the final award. Lyndsey’s view is that proceedings should be conducted with a view to expediting the resolution of the dispute and she takes seriously the obligation to comply with the timetable set out in the applicable rules or established early in the arbitration.
A selection of Lyndsey’s experience of acting as arbitrator includes:
A selection of Lyndsey’s experience of acting as counsel in international arbitrations:
Lyndsey has an effective approach to ensuring the parties to a mediation have the best possible chance of reaching a negotiated settlement, based on thorough preparation and drawing on her experience and commercial judgment developed over 20 years as a commercial barrister. Lyndsey uses an initial conversation at the very beginning of the mediation process in the course of which agreement can be reached about the shape of the mediation and the detailed process to be employed. Thereafter she uses an inclusive approach to resolving complex disputes and brings a calm, approachable personal style to mediations. Lyndsey draws on her litigation skills to work outside the limitations of the litigation process: a rigorous understanding of the legal issues; astute commercial judgment; understanding what the participants need; talking realistically with them about both the strengths and weaknesses of their legal position and the litigation process they may be engaged in. By those means Lyndsey is able to use mediation to bring in effective conversations that go to the heart of the issues, to understand nuances that might otherwise be missed and to introduce fresh perspectives.
Examples of Lyndsey’s mediation experience include:
Lyndsey has extensive experience acting on disciplinary panels and tribunals including acting as Chair of Bar Tribunals and Adjudication Service disciplinary panels, Chair of Police Misconduct Panel, Chair of Bishops’ Disciplinary Tribunal and is appointed a member of the Independent Expert Panel.
Chair of Bar Tribunals and Adjudication Service disciplinary panels: Lyndsey chairs 3 person disciplinary panels for the Bar of England and Wales and is the Chair of the Bar’s Inns’ Conduct Committee.
Chair of Police Misconduct Panel (Eastern Regions): chairing 3 person disciplinary panels, requiring panel-based decision making and judgments both ex tempore and written.
Chair of Bishops’ Disciplinary Tribunal: presiding over bishop’s disciplinary tribunals, which hear cases of misconduct against priests and deacons.
Independent Expert Panel: appointed by the House of Commons as a member of the panel determining appeals and sanctions against current and former Members of Parliament in claims of bullying, harassment and sexual harassment.
In The Legal 500 2024 client’s comment that Lyndsey is “an excellent mediator. Not only is she extremely bright and knowledgeable, she also has huge empathy and is brilliant with clients.”
Identified as a leading mediator and silk for insolvency and company work in The Legal 500 2023. Lyndsey de Mestre KC is described as ‘extremely well prepared, very efficient, drafts beautifully and has a brilliant manner’ and her ‘USP is her empathy and her ability to communicate that empathy to the client. She is incredibly diplomatic, as well as hugely knowledgeable – a key combination of skills for a mediator.’
Previous editions of The Legal 500 describe Lyndsey as ‘calm, measured and very engaged – on top of all the issues’ and that she “provides clear advice”; is “calm and well-judged advocacy”; “outstanding”; “incisive knowledge of the law”; “excellent at explaining complex technical issues in a clearly understandable way”; “conscientious, thorough and able to explain the intricacies of technical matters effectively and clearly”.
Previously recommended in Chambers & Partners for business restructuring: “…stands out due to her skill at handling complex international cases”; “very forthright and precise in her advice”; “a strong presence”; “if there’s a war going on, she will bring calmness to the storm”.
Expert contributor to Tolley’s Insolvency Law (Insolvency & Human Rights; The Administration of a Bankrupt’s Estate).
LLB, MA (Hons) Cantab (1st Class) – Downing College, Cambridge (graduated 1998)
Tutor in Commercial and Insolvency Law (London School of Economics) 1998-2000
Queen Mother Scholar of Middle Temple
2024: Independent Expert Panel (House of Commons)
2023: Chancellor of diocese of York
2022: Chair of Inns’ Conduct Committee
2021: Chair of Bishops’ Disciplinary Tribunal
2020: Chair BTAS disciplinary panel
2020: Chair of Police Misconduct Panel (Eastern Regions)
2020: Chancellor of diocese of Leicester
2020: Panel member of London Chamber of Arbitration and Mediation
2019: Chancellor of diocese of St Albans
2018: Silk appointment
2018: Qualified & accredited mediator
2015: Junior Counsel to the Crown re-appointment
2011: Standing counsel to the Association of Chartered and Certified Accountants for insolvency
matters
2003: Junior Counsel to the Crown
2000: Junior counsel to the Secretary of State for Trade & Industry in Company Directors’
Disqualification matters
ChBA (The Chancery Bar Association)
Association of Contentious Trust and Probate Specialists (ACTAPS)
London Court of International Arbitration (LCIA)
Arbitral Women
