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Clerk: Dennis Peck
+44 20 7822 2040
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4 New Square
Lincoln's Inn
London, WC2A 3RJ

Tel: +44 20 7822 2000
DX: 1041 London Chancery Lane

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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:

  • Advising on a potential claim against a large investment bank arising out of alleged premature appointment of receivers following the financing of a £500m corporate acquisition.
  • Acting for a company in judicial review proceedings challenging the Home Office’s refusal to grant it a Tier 4 Sponsor Licence. Includes a damages claim for infringement of the company’s right to possessions, contrary to Article One of the First Protocol of the European Convention on Human Rights.
  • A month-long appeal against HMRC’s refusal of an input tax claim arising from alleged “carousel” or “contra-trading” fraud.
  • 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 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.