Richard Liddell

Education

M.A. (Cantab.) LL.M. (Cantab.)

Tel: 020 7822 2036
Email: r.liddell@4newsquare.com
Email Clerk: a.dolby@4newsquare.com

Year of Call: 1999

Profile

Richard (Rick) is recommended in the legal Directories in both Professional Negligence and Sports law. Quotes from the Directories (2011) include:

“Intelligent and meticulous” (professional negligence).

“Sharp and extremely thorough”; “well on his way to becoming a leading junior in the field” and “proving himself to be a rising star at the Bar for horseracing cases” (sport).

Rick’s practice primarily covers four areas: commercial disputes (including insurance litigation), professional liability claims, construction and engineering litigation and sports-related work. He prides himself on being an incisive and responsive barrister and a user-friendly team player. He places particular emphasis on having a command of the detail but without getting bogged down in trivia and being able to provide the best practical and commercial solution to legal problems.

He has wide advocacy experience and appears before the Commercial Court, Chancery Division, TCC and appellate courts as well as in sports disciplinary tribunals. Rick relishes his role as an advocate.

Rick has been involved in several high-profile cases, including Linklaters Business Services v How Engineering Services Ltd & Ors (TCC), The Innovator Litigation (substantial multi-party Commercial Court litigation), Amec Group Ltd v Assicurazioni Generali S.p.A. (multi-million pound construction insurance litigation), Mandrake v Countrywide (Chancery Division and Court of Appeal), The TAG litigation and the Hillside Girl Inquiry (Horseracing corruption hearing).

Rick is also recognised and regarded for offering expertise in the fields of sports law and sports disciplinary law. He is regularly instructed by the British Horseracing Authority and the IRB (the International Rugby Board). He also very recently acted for an Olympic Gold Medalist in a selection appeal to British Rowing, the National Governing Body for Rowing.

He is a member of COMBAR, PNBA, the Chancery Bar Association and the British Association for Sport and Law.

Commercial Dispute Resolution

Rick’s commercial dispute resolution experience includes freezing injunctions and pre-action disclosure applications.

He was awarded a first in International Commercial Litigation whilst at Cambridge University and is particularly interested in the finance of international trade and has experience of claims involving conflict of laws.

He undertakes a wide range of commercial work, including general commercial litigation, sale of goods, product liability, partnership disputes and commercial contract claims.

Recent and ongoing cases include:

Acting for one of the IFAs (Part 20 Defendant) in The Innovator Litigation.
Acted for The Attorney General to the Prince of Wales in a multi-million pound claim that arose out of the explosion at the Buncefield oil depot.
Represented the manufacturer and supplier of chain links in a claim for damages brought against it by a specialist manufacturer of mooring systems (used in fish farms) in respect of substantial losses suffered as a result of the fractures of chain links.
Represented a partnership P (specialising in licensing sports programming and products to third party broadcasters and DVD distributors) in a commercial contract dispute relating to the distribution of a DVD series previewing the 2006 FIFAWorld Cup.
Acted as junior counsel (led by Sue Carr QC) for a specialist provider of veterinary services for the commercial poultry industry in a sale of goods and professional liability claim concerning the supply of a vaccine.
Defending a share warranty claim.
Represented a large auction house in a claim involving the conversion of a number of drawings of L S Lowry.
The multi-party litigation that ensued following the collapse of The Accident Group.

Rick is a member of the Commercial Bar Association (COMBAR).

International Arbitration

Rick has experience of domestic and international arbitrations, including:

LCIA Arbitrations
Reinsurance and insurance arbitrations
Construction and engineering arbitrations
Commercial arbitrations
Sports arbitrations

His cases include:

Acting for an airline in a LCIA arbitration relating to aircraft leasing.
Acting in several international reinsurance arbitrations of high value.
Acting for insurers in defending a claim for a declaration that the avoidance of the contract of insurance was wrongful. The claim arose out of a Trade Contract relating to the construction of a prestigious office in Kent. Led by Roger Stewart QC.
Various arbitrations relating to professional indemnity coverage disputes led by Justin Fenwick QC.
Representing Chartered Surveyors in claims brought under the Chartered Institute of Arbitrators ‘Surveyors Arbitration’ Scheme.
Acting for the International Association of Athletics Federations (IAAF) in a successful appeal to the Court of Arbitration for Sport in Switzerland.

Rick is a member of the LCIA’s young arbitration group, YIAG and COMBAR.

Insurance & Reinsurance

A large amount of Rick’s work has an insurance element. As an incident of his construction and professional liability work, Rick frequently advises on policy interpretation and coverage issues. He has been retained in several international reinsurance arbitrations of high value and was instructed in respect of coverage issues relating to the September 11^th terrorist attacks.

He has extensive experience of insurance disputes involving the construction of policies, the avoidance of cover and other policy issues generally (including aggregation clauses) and is also regularly instructed by insurers in subrogated recovery actions.

Recent and ongoing cases include:

Acted for Assicurazioni Generali S.p.A (Insurers) in a multi-million pound insurance dispute. Rick was junior counsel to Roger Stewart QC. The insurers had refused to indemnify the claimant contractors under a professional indemnity policy in respect of a counterclaim brought against the claimant by the defendant sub-contractor. The issues included breach of notification condition precedent, inadequate scope of notification and reliance on a policy exclusion and on dual insurance.
Advising professional indemnity underwriters whether a Chartered Surveyor was entitled to an indemnity under his policy of professional indemnity insurance.
Advising on a policy coverage dispute between a firm of auctioneers and valuers and their professional indemnity insurers.
Advising an insured whether or not they were entitled to an indemnity from its insurers in respect of its loss of profits arising out of a fire at a factory.
Advised a very large US company on a number of insurance issues arising out of a fire at a factory. Rick was junior to Roger Stewart QC.

Rick’s interest in the field of insurance is not just confined to the cases in which he is instructed. Rick regularly gives talks and seminars to solicitors and insurers including recent seminars on HLB Kidsons v Lloyds and Aspen Insurance v Pectel and talks on “Design and Construct Insurance” and “Limits on Liability in Professional Indemnity Policies”.

He also assisted Lord Justice Rix in his preparation for The Peter Taylor Memorial Lecture: “Should Sprung lose its spring?” The Court of Appeal in Sprung v Royal Insurance (UK) Ltd [1999] 1 Lloyd’s Rep IR 111 had decided that there can be no claim for consequential loss by an insured for breach of a contract of insurance. Rick first had to consider the decision in Sprung when he was instructed on behalf of Countrywide Assured Group PLC. In the case of Mandrake v Countrywide [2005] EWCA Civ 840 (Rick was junior counsel to Michael Soole QC), the Court of Appeal held that it was bound by the present state of the law (Sprung) but Rix LJ stated that it seemed to him that the ‘controversial issues raised…may well interest their Lordships’ House’.

Construction & Engineering

A large part of Rick’s practice involves construction and engineering disputes. He has extensive experience of advising and acting for employers, contractors and sub-contractors in a range of disputes, typically involving complex technical evidence. He also has wide experience of dealing with claims against or involving various different construction professionals including architects, engineers, M&E consultants and quantity surveyors.

He regularly appears in the Technology and Construction Court (TCC) and has already been involved in two substantial TCC trials this year.

Rick also has experience of arbitrations, adjudications, construction professional indemnity issues and contribution disputes.

Examples of his cases include:

Currently advising and acting for an Employer in adjudication proceedings brought by its Contractor in relation to the construction of a clause in their contract. Led by Roger Stewart QC.
Very recently acted for defendant planning consultants in a two week TCC trial in front of Coulson J. Led by Anneliese Day QC.
Acting for one of the largest development teams in the UK in respect of an action pursued by home owners arising from flooding to their property said to be caused by the development of a neighbouring housing estate.
Acting for a company providing a range of civil, building and mechanical engineering services across the rail network in relation to a claim brought by home owners arising from flooding to their properties said to be caused by relining works to a culvert running through a railway embankment.
Acted for Gratte Brothers Limited, electrical sub-contractors, in a multi-party and multi-million pound dispute arising from damage caused to a landmark London office building (Bankside 2) caused by a diesel oil spill. Led by Graham Eklund QC.
Acted for a roofing contractor in a three week TCC trial arising from a major fire at a factory. Led by Graham Eklund QC.
Acted for a Claimant (Managing Agent of the Property) in a TCC claim arising from various escapes of water from pipework in a residential development in London.
Acted for the mechanical and electrical sub-contractor in a multi-million pound TCC trial (4 weeks) concerning corroded chilled pipework at Linklaters’ offices in London. Junior counsel to David Turner QC.
Acted for Assicurazioni Generali S.p.A (Insurers) in a multi-million pound construction insurance dispute arising from damage to the surface of a motorway. Rick was junior counsel to Roger Stewart QC.
Acted for insurers in defending a claim for a declaration that the avoidance of the contract of insurance was wrongful. The claim arose out of a Trade Contract relating to the construction of a prestigious office in Kent. Led by Roger Stewart QC.

Professional Liability

Rick specialises in all fields of professional liability, with particular emphasis upon accountants and auditors, construction professionals, lawyers, and insurance brokers.

He prides himself on being an incisive and responsive barrister and a user-friendly team player. He is meticulous and places particular emphasis on being able to provide the best practical and commercial solution to legal problems. He has wide advocacy experience and relishes his role as an advocate.

Rick is also regularly instructed to appear at mediations and round table conferences. He approaches all aspects of the mediation process (including drafting position papers and the advocacy element) with a clear understanding of its purpose and difference from adversarial litigation.

Rick’s interest in this field is not just confined to the cases in which he is instructed. Rick also gives talks and seminars on the subject and is a member of the Professional Negligence Bar Association.

Accountants, Auditors & Actuaries

Rick acts both for and against accountants, auditors and tax advisors. Examples of his wide experience in this field include:

Junior counsel to Roger Stewart QC in an action by the trustees in bankruptcy of a firm of solicitors against its former practice accountants.
Retained by a famous singer/songwriter in a claim against his former accountants and tax advisors.
Acting for a firm of accountants in a claim concerning capital gains tax and income tax advice.
Acted for a firm of accountants in a claim arising out of advice concerning capital allowances due to the Claimants from their position as owners of a Nursing Home.
Instructions directly from PricewaterhouseCoopers.

Rick has also recently been retained by the Accountancy and Actuarial Discipline Board (AADB) in respect of the conduct of (i) a major firm of accountants relating to the audits of the Financial Statements of a UK FTSE 250 Company and (ii) the Company’s European Financial Controller.

He has also been engaged in litigation involving tax schemes (Information and Communication Technology): The Innovator Litigation.

Construction Professionals

Rick regularly acts in claims against construction professionals: most frequently architects and engineers, but also M&E consultants and project managers.

By way of example of Rick’s experience in this field:

He was junior counsel in a £20 million dispute against project managers and computer consultants jointly advising on the construction of an automated distribution warehouse (Universal Music v E.C. Harris).
He is currently acting for a number of architects in design and build contracts.
He has acted for Claimants in claims against the designers and installers of water systems in residential developments.

Financial Services Professionals

Rick has experience of claims involving financial services professionals and/or which require a consideration of the financial services statutory regime.

Examples of his recent work include:

Acting on behalf of an independent financial advisor (Part 20 Defendant) in The Innovator Litigation.
Acting for a financial advisor in a claim relating to pension mis-selling.

Insurance Brokers & Agents

Rick is frequently instructed in claims involving insurance brokers and agents. He regularly acts in multiparty actions where both insurers and insurance intermediaries are parties.

Examples of Rick’s recent work include:

Junior counsel to Roger Stewart QC in a multi-million pound claim against a firm of insurance brokers in relation to their failure to effect suitable and valid insurance for the Claimant construction company.
Acting for brokers defending a substantial claim for damages. The claimant’s property was severely damaged by fire and Insurers subsequently declined cover. The claimant alleged that, but for the negligent advice given by the brokers, insurers would have provided cover.
Defending brokers against a claim for alleged negligence in failing to obtain suitable terms or to advise the insured of them in relation to commercial property insurance.
Acted for brokers sued by a former professional rugby player.

Lawyers

Rick has extensive experience of acting for both claimants and defendants in claims against lawyers – both solicitors and barristers. His experience includes claims relating to Share Purchase Agreements, commercial disputes, property transactions and mortgage fraud.

He also has very considerable experience of claims arising from lost and mishandled litigation. Rick’s experience in his first few years of practice of defending clinical negligence and personal injury claims (including being regularly instructed by the Metropolitan Police) has proved invaluable in dealing with professional liability claims arising out of an original dispute in the clinical negligence and personal injury fields.

His cases include:

Successfully representing a barrister and the BMIF in a High Court strike out application against the claimant.
Acting for a well-known firm of solicitors in a multi-million pound claim relating to the alleged negligent drafting of a Share Purchase Agreement.
The TAG Litigation [2006] EWHC 939 (Comm): high-profile case examining the solicitors’ responsibility towards ATE insurers in the wake of the collapse of ‘The Accident Group’ claims management scheme.
Sweet v Blight Skinnard Solicitors: acted for the firm of solicitors in a 2-day trial in a claim arising from their failure to inform the claimant purchasers prior to purchase that the lane required to access their land was privately owned and that they did not have any right to use the land.
Acted for a large supermarket chain in a substantial claim against a firm of solicitors arising from the purchase of a plot of land. Junior counsel to Roger Stewart QC.
Various mortgage fraud cases.
Advising on various issues relating to lenders’ claims against solicitors.
Junior counsel to Justin Fenwick QC in defending claims brought against a firm of solicitors relating to alleged undersettlements of claims for Vibration White Finger against British Coal.
Junior Counsel to Simon Monty QC in a 2 week solicitors’ negligence trial: Woodfine Leeds Smith (A Firm) v Richard Russell [2007] EWHC 603 (QB).

Surveyors & Valuers

Rick has extensive experience in respect of claims against surveyors and valuers, both those brought by lenders and those brought by property owners.

His experience includes:

Structural surveying cases – both residential and commercial.
Acting for valuers in a number of lenders’ claims.
Acted for Christie & Co in the first known decision (according to Simpson on Professional Negligence) in which a party has recovered damages against an independent expert appointed jointly by the parties to carry out a valuation of freehold licensed premises pursuant to an option in a lease.
Junior counsel to Paul Sutherland in a claim arising from a pre-purchase inspection of a helicopter.
Junior counsel to John Powell QC in a claim against an estate agent for alleged breach of fiduciary duty.

Veterinary Surgeons

Rick has experience of defending claims brought against veterinary surgeons. His recent cases include:

Defending a specialist provider of veterinary services for the commercial poultry industry in a multi-million pound claim arising from the sale and supply of a vaccine. Junior Counsel to Sue Carr QC.
Acting for a veterinary surgeon in a claim arising from the death of a famous event horse.

Rick has also given talks on the liability of veterinary surgeons generally and more specifically in the context of pre-purchase examinations and the increasing number of claims relating to the buying and selling of horses.

Disciplinary

Rick has wide experience of and expertise in Sports Disciplinary work. In the last few years, Rick has also been gaining experience in the field of Professional Discipline.

He has recently been retained by the Accountancy and Actuarial Discipline Board (AADB) (the independent, investigative and disciplinary body for accountants and actuaries in the UK). Ben Hubble QC and Rick were retained by the AADB in respect of the conduct of (i) a major firm of accountants relating to the audits of the Financial Statements of a UK FTSE 250 Company and (ii) the Company’s European Financial Controller.

He has also been instructed to defend complaints brought against Chartered Surveyors under the Royal Institute of Chartered Surveyors Arbitration Scheme (administered by the Chartered Institute of Chartered Surveyors.

Costs

Rick is developing an expertise in the specialist field of costs. His experience includes:

Resisting and obtaining costs capping orders.
Successfully contesting a very senior Counsel’s CFA uplift in a personal injury claim.
Junior counsel to Justin Fenwick QC in litigation concerning the alleged under-settlement (by a firm of solicitors) of a number of claimants’ vibration white finger claims; a number of issues (generic and otherwise) in respect of costs required to be considered.
Advising on appropriate costs orders in the Regulatory field (for the British Horseracing Authority).
Appearing for both claimants and defendants in respect of applications for conditional (costs) orders and security for costs.
Lecturing firms of solicitors on the ramifications of the Part 36 costs regime and potential pitfalls for the unwary.

Sports Law

Rick has a strong sports practice and is highly regarded for offering expertise in the field of sports law and sports disciplinary law.

Rick is recommended as a leading junior in Sport Law in Chambers & Partners’ Guide to the Legal Profession 2011.

Drawing on his experience, expertise and advocacy skills fostered in commercial litigation and professional disciplinary matters, Rick is to be found regularly appearing in sports disciplinary tribunals and investigative inquiries (for both the regulatory authority and participants) and is frequently instructed in high-profile matters in the sporting arena.

Rick is particularly pleased to be able to combine his legal work with his love of sport (both watching and playing). He also enjoys collecting sports memorabilia and is an avid supporter of Sunderland AFC!

His cases include:

Advising the International Rugby Board (the world governing and law-making body for the game of Rugby Union) on a number of matters including the proposed introduction of a new Policy and an accompanying amendment to one of its Regulations.
Rick is regularly instructed by the British Horseracing Authority (BHA) to advise and to appear at Enquiries, disciplinary hearings and appeal hearings. His varied and wide-ranging cases include:

- cases of corruption and financial impropriety;

- allegations of bringing horseracing into disrepute and other improper conduct;

- prohibited substance cases;

- non-triers;

- interference disputes;

- ownership disputes.

High-profile cases in which Rick represented the BHA include:

- BHA v Jeff Pearce, Geoff Huffer, Jerry O’Dwyer & others: Disciplinary enquiry concerning (i) the running of SABRE LIGHT (ii) the identity of the horse’s owner (iii) suspicious betting. Rick was led by Graeme McPherson QC.

- BHA v Neil Leach & others: Disciplinary enquiry concerning (i) the provision of Inside Information by the travelling Head Lad of Nicky Richards (licensed trainer) to a Betfair punter (ii) the fraudulent practice of placing lay bets (on Betfair) against a number of horses using Inside Information.

- BHA v Phelans: Disciplinary enquiry concerning (lay) bets placed by the Phelans on a horse, which they owned, to lose.

- Appeared before both the Discplinary Panel and the Appeal Board in the MOSSMANN GORGE Inquiry – the Inquiry centred on the conduct of David Flood (trainer) and Hugh Taylor (assistant). The gelding had been found to have been given an intravenous injection on racecourse premises contrary to the Rules of Racing. The Panel’s decision (upheld on appeal) was that Mr Flood (with the assistance of Mr Taylor) had administered an injection of Bute, a prohibited substance, on the day of the race.

- Junior Counsel to Graeme McPherson QC before the Disciplinary Panel in Seamus Heffernan’s appeal against a 14-day ban for deliberately impeding LIBBRETIST (ridden by Frankie Dettori) in the Queen Elizabeth II Stakes at Ascot.

Instructed by the National Trainers Federation to represent one of its members, Alan Berry (trainer) who was at the centre of a high-profile Jockey Club corruption investigation concerning the running of HILLSIDE GIRL. In light of the evidence that emerged at the Inquiry, the corruption charges against Mr Berry (that included conspiracy and connivance) were withdrawn.
Instructed by a jockey in respect of a proposed appeal against a decision by the BHA’s Chief Medical Officer that he is not fit to ride on medical grounds.
Recently asked to represent a BMX rider in an appeal to British Cycling (the governing body of cycling sport in the UK) concerning a ban imposed for abuse of an official.
Sports related commercial contract disputes: he acted in a High Court commercial contract dispute concerning the distribution of 2006 FIFA World Cup DVDs. Rick was instructed by Bird & Bird Solicitors.
Instructed in professional liability and insurance cases with a sports element. His cases include:

- acting for insurance brokers that were being sued by a former professional rugby union player;

- advising on insurance issues relating to a dispute involving a (UK sport) National Governing Body.

Rick is a member of the British Association for Sport and Law.