3PB

Commercial; Property and Estates; Mediation.

Overview

Richard is a Chancery, Commercial and Professional Risk barrister.

Prior to transferring to the Bar, Richard was a Solicitor-Advocate and Head of the Commercial Dispute Resolution team at a large Bristol-based law firm. Richard specialised in commercial disputes and professional negligence claims. He is an experienced litigator, mediator and advocate.

Richard has particular expertise in:

• Commercial disputes
• Professional risk (including claims against solicitors, accountants and surveyors)
• Insurance disputes
• Misrepresentation claims
• Partnership disputes
• Property law.

Richard always provides thorough, user-friendly and commercial advice.

Commercial

Richard has an extensive commercial practice that covers all types of business and commercial disputes, with a particular emphasis on contract, misrepresentation, partnership and director disputes. He regularly advises and represents businesses in both the County Court and High Court.

From his time working as a Solicitor-Advocate, Richard has significant experience of alternative dispute resolution and, in particular, representing clients at mediations.

Commercial Disputes

Richard has experience of a wide range of commercial disputes, including claims relating to:

• Agency
• Consumer credit agreements
• Construction of contracts
• Debt recovery
• Economic torts
• Estoppel
• Guarantees and indemnities
• Misrepresentation and mistake
• Restitution
• Restrictive covenants and breaches of fiduciary duties
• Sale of goods and supply of services
• Trusts.

Notable and Recent Cases

• High Court claim involving diversion of business opportunities and breach of fiduciary duties arising from a team move to a competing business
• Many cases involving breaches of post-termination restrictive covenants, misuse of confidential information, breaches of confidence claims and economic torts, giving rise to claims for injunctions (including springboard relief), delivery up and claims for accounts of profits
• Multi-day High Court trials in relation to complex commercial contract disputes
• A misrepresentation and breach of contract claim relating to a £100,000 Rolls Royce
• A multi million dollar Director’s bonus dispute
• Claims involving conveyancing transactions, specific performance and rectification
• A trial in relation to discharge of a contract by frustration
• Property misrepresentation claims involving representations made on property information forms and to enquiries by solicitors
• Breach of contract and debt claims arising from commercial contracts, including those relating to recruitment agencies involving substantial transfer fees
• Claims in relation to the design, manufacture and supply of commercial machinery and equipment
• Misrepresentation and breach of contract claims in relation to Share Purchase Agreements
• Disputes relating to exemption clauses and unfair contract terms
• Claims in relation to advertising agreements and commission
• Construction disputes in relation to insulation and cladding
• Commercial arbitrations.

Professional Risk

Richard has particular expertise in relation to professional negligence cases. He has extensive experience of dealing with claims against all professionals including; barristers, solicitors, accountants, brokers, insurers, architects, surveyors and other construction specialists.

Lawyers

Richard’s experience as a Solicitor-Advocate is invaluable to professional negligence claims against lawyers, having been instructed on claims relating to employment, commercial litigation, property disputes, and personal injury claims.

He has dealt with:

• A multi-day High Court claim in relation to incorrect advice about an option to purchase a superior interest in a commercial property
• Claims in relation to incorrect drafting and advice about partnerships and business structuring
• Lost and/or mishandled litigation claims, including under-settlement claims, missed limitation and failure to advise about funding and costs
• Claims involving errors with leasehold transactions, including negligence relating to lease extensions
• Claims regarding the failure to advise about commercial and residential landlord and tenant matters
• Claims in relation to incorrect advice about undue influence and trusts
• Claims regarding incorrect advice and drafting in relation to overage agreements
• Claims by disappointed beneficiaries as a result of failures in drafting wills and claims arising from mishandled probate disputes, which often involve limitation issues
• Claims arising from conveyancing transactions concerning freehold and leasehold property, particularly concerning failure to advise on searches, rights of way and restrictive covenants
• Claims arising from mishandled business sales.

Accountants

Richard has handled a variety of claims, including:

• A High Court claim in relation to advice about the tax position of a non-domiciled individual who held properties in the UK via corporate entities, including issues around Annual Tax on Enveloped Dwellings
• A claim in relation to incorrect capital gains tax advice as a result of selling property in the UK, but moving from the USA to Kenya
• Claims involving the negligent preparation of management accounts and cashflow forecasts
• Acting for a company against accountants, in relation to incorrect VAT advice
• Acting for an individual against accountants, arising from incorrect tax advice and issues involving Entrepreneurs’ Relief.

Surveyors, Valuers and Architects

Richard has acted in:

• Claims by purchasers of residential and commercial properties against surveyors arising from pre-sale surveys
• Claims involving the negligent valuation of premiums required for the extension of leases and incorrect advice about the apportionment of premiums
• A claim against an expert witness arising from a planning dispute
• Claims against architects regarding incorrect design drawings and advice in relation to both domestic and commercial projects.

Insurance Brokers and Insurers

Richard has advised, and acted for and against, brokers and insurers in claims for failure to implement the correct insurance cover, and for a broker in a claim regarding the failure to advise on the financial status of an insurer.

Property and Estates

Richard has advised and represented clients on a wide range of property disputes, including boundary disputes and nuisance claims.

Richard is regularly instructed to make and oppose applications for injunctions relating to property.

Property

• Adverse possession
• Boundary and party wall disputes
• Breach of covenant disputes
• Conveyancing
• Easements
• Landlord and tenant disputes
• Mortgages
• Nuisance
• Trespass
• Trusts and proprietary estoppel.

Notable and recent cases

• Acted in possession and Dilapidation claims
• Acted in boundary dispute trials
• Instructed in Multi-day High Court trials in relation to trespass and nuisance disputes, involving breaches of “Leakey” duties, which require evidence from many experts of different disciplines
• Acted in breach of covenant claims relating to unlawful subletting of properties through Airbnb
• Successfully obtained an order for an injunction and damages in a private nuisance by encroachment claim
• Successfully defended trespass claims
• Acted in nuisance claims relating to the escape of water and oil
• Acted in an interference with a right of way, breach of covenant and trespass dispute, which included a claim for aggravated damages and an injunction
• Advised in relation to claims involving proprietary estoppel
• Acted in claims in relation to the creation and construction of easements.

Mediation

Richard is an experienced and well-respected mediator. He is determined, flexible and patient when seeking to resolve disputes, but is also able to robustly test the parties and guide them to a compromise.

Richard qualified as an ADR Group accredited Civil and Commercial mediator in 2018. Whilst most mediations that Richard conducts relate to his primary areas of practice of commercial, property and professional negligence litigation, he also mediates in relation to a wide range of other matters including construction and probate disputes.

His recent experience includes mediations in relation to business sales, restrictive covenants, misrepresentation claims, domestic building claims, boundary disputes, landlord and tenant disputes, banking disputes and professional negligence claims against solicitors.

Richard has conducted over 20 mediations in the last few years, many of which have been held remotely.

Richard is an active member of the Standing Conference of Mediation Advocates and regularly provides mediation training.

Testimonials

“I had the pleasure of engaging Richard Whitehouse as a Mediator for a commercial dispute, and I couldn't have been more impressed with his professionalism and approach. Richard's calm and composed demeanour was instrumental in diffusing tensions and fostering a constructive dialogue, which undoubtedly assisted the parties in reaching resolution. I would thoroughly recommend Richard to anyone looking for an effective and user-friendly Mediator.”

“Richard’s input when dealing with very difficult issues during a commercial mediation was invaluable in bringing about a successful resolution to the matter. He has a calm and pleasant, but focused demeanour, which allowed the parties to find common ground”.

Year of call 2009