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, negotiator 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, family and personal injury claims.
He has dealt with:
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 by and against buyers arising from conveyancing transactions concerning freehold and leasehold property, particularly concerning failure to advise on searches, rights of way and restrictive covenants
Mishandled family divorce and financial proceedings
Claims arising from mishandled business sales.
Accountants
Richard has handled a variety of claims, including:
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 regularly involved in mediations, acting either as a mediator or an advocate.
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 domestic building claims, boundary disputes, landlord and tenant disputes, a misrepresentation claim in relation to the sale of a business, a banking dispute, a professional negligence claim against solicitors, commercial disputes in relation to agricultural machinery and sale of goods disputes in relation to vehicles.
As a result of conducting a large number of telephone mediations, Richard is happy to mediate remotely using video conferencing or other means.
Richard has provided, and regularly attends, mediation training.