Richard O'Brien

Commercial Dispute Resolution

Richard has a particular interest in commercial litigation and regularly acts for parties in commercial disputes. Particular cases include:

• A dispute relating to the exercise of pre-emption rights by a company’s shareholders to force the sale of another shareholder's shares.
• A claim concerning the alleged breach of warranties in an agreement relating to the sale and purchase of an accountancy practice.
• A claim against HMRC by a defaulting taxpayer concerning alleged losses caused by distraint of equipment.
• A month-long appeal against HMRC’s refusal of an input tax claim arising from alleged “carousel” or “contra-trading” fraud.
• A dispute over the interpretation of a clause purporting to provide “search engine optimization” services.
• Numerous claims in the Companies Court in directors’ disqualification proceedings.
• A challenge to jurisdiction in a claim brought against a German client.
• Sale of goods.

Richard has also advised on shipping matters (specifically on rights of salvage) and on insurance (on avoidance for material non-disclosure and on restitutionary remedies against a third-party beneficiary of an avoided insurance policy). He has contributed to Insurance Law for the Construction Industry (Oxford University Press, March 2008). During his time as a Judicial Assistant to the Master of the Rolls, Richard gained further experience in the fields of shipping and insurance law.