Professional practice

Richard has a broad commercial practice in line with Chambers’ profile, and was ranked by Legal 500 (2017) in the ‘Commercial litigation – top ten under eight years’ call’ category. It notes that “He is very bright, pragmatic, and works well with junior and senior team members”.

Richard has a particular interest in banking and financial services, commercial litigation & arbitration, the conflict of laws, and public international law. He also takes cases via the Bar Pro Bono Unit where the subject matter is appropriate.

Richard graduated with a First Class Law degree from the University of Oxford, before going on to obtain a Distinction on the BCL. He also studied at the Hague Academy of International Law and the University of Bonn, and is a fluent German speaker.

Richard has particular expertise in areas of law which require an understanding of the interrelationship between domestic, supranational and international law, and recently acted as co-rapporteur for the Report of the COMBAR Sub-Group on Brexit and the Conflict of Laws. He has delivered lectures and seminars on a variety topics, including at the CDR Summer Litigation Symposium 2017.

Alongside his full time practice, Richard is the Chair of the Young Bar and an elected Member of the Bar Council of England & Wales.

 

Arbitration & related court applications

Acting (led by David Foxton QC) in a LME Arbitration in a mining / commodities dispute concerning non-delivery and force majeure

Acting (led by Hugh Mercer QC) in an LMAA Arbitration resulting from the collapse of a Share Purchase Agreement and involving counterclaims based on the alleged mismanagement of the target company

Advised (with Toby Landau QC) a party in relation to the termination of a Joint Venture agreement, the proper valuation of the shares in the joint venture company and the arbitration provisions in the agreement

Instructed to draft a specific aspect of the Statement of Claim in an ICC Arbitration concerning a multi-million dollar agriculture Joint Venture in a CIS state, involving issues of misrepresentation, mismanagement and breaches of a variety of duties

An ad hoc Arbitration under the Indian Arbitration and Conciliation Act 1996 (led by David Joseph QC and Tom Ford) concerning a multi-million euro renewable energy Joint Venture and the resulting shareholder dispute, involving questions of breach of fiduciary duty and constructive trusts

An UNCITRAL Arbitration (led by Edmund King) – advised generally and assisted in drafting various documents in relation to resisting set aside/pursuing enforcement of a multi-million dollar arbitration award in a Nigerian Telecoms shareholder pre-emption rights dispute

An UNCITRAL Arbitration (led by Edmund King) – advised generally and assisted in drafting various documents for another multi-million dollar Nigerian Telecoms shareholder pre-emption rights dispute

Assisted a Member of Chambers in advice concerning the enforceability of a foreign arbitral award under the New York Convention and the availability of anti-arbitration injunctions

Assisted a Member of Chambers in advice concerning an arbitration claim against an African State arising out of a Joint Venture (LMAA)

Research for a Member of Chambers concerning the public policy exception to the enforcement of arbitral awards under the New York Convention

Commercial dispute resolution

Law Debenture Trust v Ukraine [2017] EWHC 655 (Comm) – acted (led by Bankim Thanki QC, Professor Malcolm Shaw QC and Simon Atrill) on behalf of the Ukraine seeking to resist the Trustee’s summary judgment application in respect of the non-payment of a $3bn Eurobond issue. The case raised a variety of complicated questions concerning the relationship between international law and English commercial law, including conflict of laws questions concerning the capacity of states when operating under domestic law, and the impact of public international law where the defendant is a state in the context of duress and implied terms, particularly regarding the status of unincorporated treaties and customary international law

(1) Timothy Brown (2) Santa Barbara Smokehouse Inc v The Kilworth Foundation (and 16 others) – acting (led by Vernon Flynn QC) in a dispute between two factions of a family in relation to a settlement agreement intended to effect the division of a complex set of offshore and other corporate structures

(1) Simetra Global Assets Ltd (2) Richcroft Investments Ltd v Ikon Finance Ltd (and 11 others) – acted (led by Paul Stanley QC) in a claim relating to the alleged misappropriation of the assets of investors by a forex trader, involving issues of dishonest assistance, knowing receipt and conspiracy

Advised (via the Bar Pro Bono Unit) an individual who had been the victim of an alleged fraudulent scheme involving a fictitious educational institution

Acted for a company defending a debt claim on the basis that substandard services were provided by one of the world’s leading elevator manufacturers, successfully setting aside default judgment against it, later leading to a settlement shortly before trial

Acted for an individual defending a claim by Canada Square Operations Limited (which handled the run off of Egg Plc) in unjust enrichment involving questions of the bank-customer relationship under the Direct Debit Guarantee and Indemnity scheme

Advised (with Paul McGrath QC) on issues of unfair prejudice, derivative claims and reflective loss under BVI law

Advised upon numerous issues of contractual construction in a wide variety of different contexts

Conflict of laws & private international law

Advised on multiple occasions in relation to questions of service out of the jurisdiction under English law, jurisdiction under the Brussels Regulation, methods of service under the EU Service Regulation and the Hague Service Convention, and service by alternative method

Law Debenture Trust v Ukraine [2017] EWHC 655 (Comm) – acted (led by Bankim Thanki QC, Professor Malcolm Shaw QC, and Simon Atrill) on behalf of the Ukraine seeking to resist the Trustee’s summary judgment application in respect of the non-payment of a $3bn Eurobond issue. The case raised a variety of complicated questions concerning the relationship between international law and English commercial law, including conflict of laws questions concerning the capacity of states when operating under domestic law, and the impact of public international law where the defendant is a state in the context of duress and implied terms, particularly regarding the status of unincorporated treaties and customary international law

(1) 3M Company (2) Arizant Healthcare Inc v Leaper et al – acted for the applicants at the hearing of their contested application under the Hague Convention on the Taking of Evidence Abroad for an Order compelling a number of medical practitioners to give evidence in relation to their research, for the purposes of defending a high value Multi-District Litigation in the United States of America

Drafted a protective claim for an insurer in a $7m multi-jurisdictional dispute relating to defective manufacturing of electronic components and advised on potential difficulties in relation to subrogation arising out of the Rome I and Rome II Regulations

Drafted a Letter of Request and supporting application to the English Court for an Order compelling a third party to give evidence in England under the Hague Convention on the Taking of Evidence Abroad, for the purposes of a multi-million dollar divorce claim in the United States of America

Acted (led by Sara Cockerill QC) in support of a US Attorney taking a deposition following a Letter of Request and application under the Hague Convention on the Taking of Evidence Abroad, for the purposes of the lender dispute in the New York Courts which arose out of the sale of Liverpool Football Club

Public international law

Law Debenture Trust v Ukraine [2017] EWHC 655 (Comm) – acted (led by Bankim Thanki QC, Professor Malcolm Shaw QC, and Simon Atrill) on behalf of the Ukraine seeking to resist the Trustee’s summary judgment application in respect of the non-payment of a $3bn Eurobond issue. The case raised a variety of complicated questions concerning the relationship between international law and English commercial law, including conflict of laws questions concerning the capacity of states when operating under domestic law, and the impact of public international law upon English law in the context of duress and implied terms, particularly regarding the status of unincorporated treaties and customary international law.

Assisted Professor Malcolm Shaw QC in the preparation of an expert report on a novel question of treaty interpretation in the context of a Bilateral Investment Treaty

Advised (with Professor Vaughan Lowe QC, Dr Christopher Ward SC and Dr Stephen Tully) the Norfolk Island People for Democracy in an Opinion entitled ‘In the matter of the Status of Norfolk Island as a Non-Self-Governing Territory’ addressing the legal aspects of whether Norfolk Island can be considered a Non-Self-Governing territory within the meaning of Article 73 of the Charter of the United Nations as part of the ongoing high profile dispute between Norfolk Island and Australia

Advised (with Professor Dan Sarooshi) an international organisation in relation to complex issues of the international law of the civil service, including the potential liability of an international organisation for third party torts

Assisted a Member of Chambers in advice concerning an arbitration claim against an African State arising out of a Joint Venture (LMAA)

Assisted a Member of Chambers (during pupillage) in a third party intervention before the European Court of Human Rights

Career

2017 Vice Chairman of the Young Bar

2013-14 Pupillage at Essex Court Chambers (with Edmund King)

2013 Called to the Bar, Lincoln’s Inn

2012-13 Research Assistant to Prof Ben McFarlane, focusing on Proprietary Estoppel

2010 Research Assistant to Prof Johannes Köndgen, focusing on European Banking Regulation

2009 Research Intern, British Institute of International and Comparative Law, as part of the ADR Project Team

Education

2012-13 BPTC, City Law School (Very Competent)

2011-2012 BCL, Brasenose College, Oxford (Distinction)

2011 Directed Studies in Public International Law, Hague Academy of International Law

2009-10 ERASMUS Programme, University of Bonn

2007-11 BA in Jurisprudence with Law Studies in Europe, Brasenose College, Oxford (1st Class Hons)

Awards

2013 Eastham Scholarship, Lincoln’s Inn

2012 Lord Mansfield Scholarship, Lincoln’s Inn

Hardwicke Entrance Award, Lincoln’s Inn

2011 Barry Nicholas Studentship for the BCL, Brasenose College

International Law Fund Scholarship, Hague Academy of International Law

All Souls Prize for Public International Law (1st Place in Final Honour School)

College Prize for Outstanding Achievement in Final Honour School

2010 Targetjobs Law Undergraduate of the Year (UK-wide competition)

Honourable Mention for Best Oral Advocate in the Willem C Vis International Commercial Arbitration Moot

2009 John Marks Prize for Best Oral Advocate in the Philip C Jessup International Law Moot

2008 Open Exhibition, Brasenose College