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.