Richard O'Brien KC

Contact details

VAT number: 888282957

ICO number: Z9405946

Clerk: Dennis Peck

d.peck@4newsquare.com

+442078222040

+447842 447 639

Richard O’Brien KC practices in the fields of public law and human rights, commercial law and professional liability.

Public Law & Human Rights

Richard has a successful public law and human rights practice, and is recognised as a Leading Silk in Administrative & Public Law in Chambers & Partners and Legal 500. He was appointed to the Attorney-General’s A-Panel of Approved Counsel in 2017 (and before that on other panels from 2009). He regularly acts for and against government departments and local authorities, as well as in judicial review claims against the Legal Ombudsman, Financial Ombudsman Service and Financial Services Compensation Scheme. He is praised for his “crisp and impressive writing style” and “incisive tactical view” (Legal 500) and for being “a fantastically acute lawyer and very, very tough.” “Extremely hard-working – he will do whatever it takes to get the case done. He has a huge brain but is also charming with clients and really nice to work with” (Chambers & Partners). He has particular experience in immigration, including business immigration, and also in national security matters.

Cases include:

R (Al-Haq) v Secretary of State for Business and Trade [2025] EWHC 1615 (Admin): a challenge by a Palestinian activist group to the UK Government decision to carve out from its suspension of arms exports to Israel components of the F-35 fighter-bomber destined for a multi-national programme of which Israel is a customer.
R (FTDI Holding Ltd) v Chancellor of the Duchy of Lancaster, AC-2024-LON-003985: a claim by a Chinese investment company to the UK Government decision to require it to divest from a UK semiconductor producer, using powers under the National Security and Investment Act 2021. The judgment refusing interim relief is reported at [2025] EWHC 241 (Admin).
Al-Nashiri v Security Service and others [2023] UKIP Trib 6: the claimant has been detained since 2006 in Guantanamo Bay. He alleges complicity by the UK intelligence agencies in his capture, detention and interrogation. His claims under the Human Rights Act 1998 were dismissed on the ground that the facts fell outside the territorial jurisdiction of the United Kingdom.
Liberty and Privacy International v Security Service [2023] UKIPTrib 1: a challenge in the Investigatory Powers Tribunal to issues arising from MI5’s retention of data in two technology environments.
Faetz & Ors v National Crime Agency [2023] UKIPTrib 6: claims brought by several criminal defendants concerning ‘Encrochat’, the encrypted telephone handsets often used by organised criminals.
R (Bridges) v Chief-Constable of South Wales Police (SSHD as Interested Party) [2020] 1 WLR 5037: the claimant, a civil liberties campaigner, challenged the use of Automated Facial Recognition camera by South Wales Police in Cardiff city centre, including during a political protest and at an arms fair.
R (Harrison) v Secretary of State for Justice [2023] EWHC 34 (Admin): a claim alleging that the failure of UK marriage law to allow humanists to marry in the ceremony of their choice was unlawfully discriminatory.
R (Kind) v Secretary of State for the Home Department [2021] EWHC 710 (Admin): the claimant challenged the refusal to grant him security clearance to take up his appointment as Head of Investigations at the Investigatory Powers Commissioner’s Office.
Bulk Personal Data – challenge by Privacy International to the lawfulness under Article 8 ECHR of the acquisition and use of personal datasets and communication data in bulk for intelligence purposes. Judgment on domestic and ECHR lawfulness given on 17 October 2016: [2016] UKIPTrib 15_110-CH. EU law and issues of proportionality to be determined at hearing in 2017.
Privacy International and others v FCO: Challenge to the lawfulness of alleged malicious software (“malware”) programmes brought following media reporting deriving from Edward Snowden (acting for Respondents).
R (Bank Mellat) v FCO, CO/1733/2014: Challenge to UK Government support for EU sanctions against an Iranian bank suspected of facilitating the Iranian nuclear weapon programme. Acting for FCO.
Belhaj v Straw and others, HQ12X02603: Acting for the individual and Government Defendants in claims brought by the former leader of the Libyan Islamic Fighting Group alleging complicity in extraordinary rendition.
Several cases defending challenges to legal aid reforms, including: R (Ben Hoare Bell) v The Lord Chancellor, CO/2770/2014: Decision to remunerate legally aided solicitors acting in judicial reviews only where permission is granted; R (Howard League for Penal Reform) v The Lord Chancellor, CO/16747/2013 and CO/17190/2013: reforms to prison law legal aid, currently on appeal to the Court of Appeal; R (Ryder) v Lord Chancellor, CO/851/2014: reforms to prison law legal aid (Article 5/14 challenge).
R (Ralli Solicitors) v Legal Ombudsman, CO/17464/2013: Acting for claimant firm challenging a substantial reduction in its fees by the Legal Ombudsman after the successful conduct of its client’s employment claim.
R (Sud) v Legal Ombudsman, CO/2762/2012: Acting for claimant in successful judicial review of a determination of the Legal Ombudsman.

Richard has a particular interest and expertise in the developing areas of: judicial reviews of the decisions of ombudsmen (particularly the FOS, FSCS and LeO); and claims against public authorities for infringement of Article One of the First Protocol (“A1P1”) of the European Convention on Human Rights (the right to possessions) and any other cases where public and commercial law intersect.

He is also committed to pro bono work, acting for both individuals and organisations. In 2013 he was nominated for the Bar Pro Bono Award. In 2012 he successfully acted for an athlete seeking British nationality in order to compete for the UK in London Olympics.

Commercial & Professional Liability

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

Acting for a litigant applying to set aside foreign judgment registered at the High Court in an underlying claim concerning a commercial dispute in the UAE (raising Article 6 ECHR issues)
Acting for an engineering company and its landlord in a dispute over maintenance and repairing obligations
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.

In Richard’s professional negligence practice, he regularly acts for and against solicitors, surveyors, accountants, architects, auditors, barristers, construction professionals, financial practitioners and insurance brokers. He also has a particular interest in Ombudsman and compensation schemes (Legal Ombudsman, Financial Ombudsman Service, Financial Services Compensation Scheme) which adjudicate on professional services. He is the editor of the chapter “Human Rights and Judicial Review in Professional Liability” in Jackson & Powell on Professional Liability.

Professional liability cases include:

Acting for a claimant suing her former solicitor for negligent conduct of a claim for recovering fraudulently misappropriated cryptocurrency
A claim concerning failure by solicitors to protect the interests of an investor suffering with terminal brain cancer from misappropriation of his investment by an investment manager
defending a barrister in a negligence claim arising from Proceeds of Crime Act (POCA) confiscation proceedings following the client’s conviction for trademark offences; Richard has particular expertise in POCA. He has previously represented criminal solicitors sued by a convicted fraudster for failing to advise on the extent of assets falling within the scope of POCA.
solicitors negligence claim in relation to alleged misadministration of an estate; includes application for civil restraint order
conveyancing negligence claim concerning bridging loan to trustees of a church
judicial review claim against Financial Services Compensation Scheme concerning refusal of claim on ground that advice given by an unregulated non-UK sister company of a regulated firm
claim against Financial Ombudsman Service (“FOS”) on jurisdictional point concerning whether a complainant bringing FOS claim in incorrect capacity is an “eligible complainant”
claim against FOS concerning whether FOS must consider a “break in the chain of causation defence”

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Areas of expertise

“Richard is dedicated, hard-working and has excellent judgement. He is thoughtful and drafts beautifully” “He has a brain the size of Britain.” “A sensible and persuasive advocate.” – Chambers & Partners

“vastly experienced…with a particular focus on handling difficult government cases.” – Legal 500

“He’s really excellent. He’s got a wonderful presence in court and in conference.” “He’s a very good and persuasive advocate.” “He is phenomenally good; he’s got an incredible memory for detail and is also very nice to deal with.” – Chambers & Partners

“He comes to the fore in large matters with tricky disclosure and procedural issues. A very strong barrister who gives his all.” “He’s a very nice and effective counsel.” – Chambers & Partners

“Richard is extremely bright and a delight to work with. He is extremely knowledgeable on all public law matters, but also intensely practical and pragmatic and he works out very quickly what the key points are which matter in each case.” – Legal 500

“A fantastically acute lawyer and very, very tough.” “Extremely hard-working – he will do whatever it takes to get the case done. He has a huge brain but is also charming with clients and really nice to work with.” – Chambers & Partners

“His advocacy and written work are always immaculately presented.” – Legal 500

“Superb on paper and a powerful advocate.” “He’s very analytically strong and has built up a really impressive case profile on government issues with a cross-border dimension.” – Chambers & Partners

“very strong…with a crisp and impressive writing style.” – Legal 500

Cases include:

R (Al-Haq) v Secretary of State for Business and Trade [2025] EWHC 1615 (Admin): a challenge by a Palestinian activist group to the UK Government decision to carve out from its suspension of arms exports to Israel components of the F-35 fighter-bomber destined for a multi-national programme of which Israel is a customer.
R (FTDI Holding Ltd) v Chancellor of the Duchy of Lancaster, AC-2024-LON-003985: a claim by a Chinese investment company to the UK Government decision to require it to divest from a UK semiconductor producer, using powers under the National Security and Investment Act 2021. The judgment refusing interim relief is reported at [2025] EWHC 241 (Admin).
Al-Nashiri v Security Service and others [2023] UKIP Trib 6: the claimant has been detained since 2006 in Guantanamo Bay. He alleges complicity by the UK intelligence agencies in his capture, detention and interrogation. His claims under the Human Rights Act 1998 were dismissed on the ground that the facts fell outside the territorial jurisdiction of the United Kingdom.
Liberty and Privacy International v Security Service [2023] UKIPTrib 1: a challenge in the Investigatory Powers Tribunal to issues arising from MI5’s retention of data in two technology environments.
Faetz & Ors v National Crime Agency [2023] UKIPTrib 6: claims brought by several criminal defendants concerning ‘Encrochat’, the encrypted telephone handsets often used by organised criminals.
R (Bridges) v Chief-Constable of South Wales Police (SSHD as Interested Party) [2020] 1 WLR 5037: the claimant, a civil liberties campaigner, challenged the use of Automated Facial Recognition camera by South Wales Police in Cardiff city centre, including during a political protest and at an arms fair.
R (Harrison) v Secretary of State for Justice [2023] EWHC 34 (Admin): a claim alleging that the failure of UK marriage law to allow humanists to marry in the ceremony of their choice was unlawfully discriminatory.
R (Kind) v Secretary of State for the Home Department [2021] EWHC 710 (Admin): the claimant challenged the refusal to grant him security clearance to take up his appointment as Head of Investigations at the Investigatory Powers Commissioner’s Office.
Bulk Personal Data – challenge by Privacy International to the lawfulness under Article 8 ECHR of the acquisition and use of personal datasets and communication data in bulk for intelligence purposes. Judgment on domestic and ECHR lawfulness given on 17 October 2016: [2016] UKIPTrib 15_110-CH. EU law and issues of proportionality to be determined at hearing in 2017.
Privacy International and others v FCO: Challenge to the lawfulness of alleged malicious software (“malware”) programmes brought following media reporting deriving from Edward Snowden (acting for Respondents).
R (Bank Mellat) v FCO, CO/1733/2014: Challenge to UK Government support for EU sanctions against an Iranian bank suspected of facilitating the Iranian nuclear weapon programme. Acting for FCO.
Belhaj v Straw and others, HQ12X02603: Acting for the individual and Government Defendants in claims brought by the former leader of the Libyan Islamic Fighting Group alleging complicity in extraordinary rendition.
Several cases defending challenges to legal aid reforms, including: R (Ben Hoare Bell) v The Lord Chancellor, CO/2770/2014: Decision to remunerate legally aided solicitors acting in judicial reviews only where permission is granted; R (Howard League for Penal Reform) v The Lord Chancellor, CO/16747/2013 and CO/17190/2013: reforms to prison law legal aid, currently on appeal to the Court of Appeal; R (Ryder) v Lord Chancellor, CO/851/2014: reforms to prison law legal aid (Article 5/14 challenge).
R (Ralli Solicitors) v Legal Ombudsman, CO/17464/2013: Acting for claimant firm challenging a substantial reduction in its fees by the Legal Ombudsman after the successful conduct of its client’s employment claim.
R (Sud) v Legal Ombudsman, CO/2762/2012: Acting for claimant in successful judicial review of a determination of the Legal Ombudsman.

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

Acting for a litigant applying to set aside foreign judgment registered at the High Court in an underlying claim concerning a commercial dispute in the UAE (raising Article 6 ECHR issues
Acting for an engineering company and its landlord in a dispute over maintenance and repairing obligations
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 regularly acts for and against solicitors, surveyors, accountants, architects, auditors, barristers, construction professionals, financial practitioners and insurance brokers. He also has a particular interest in Ombudsman and compensation schemes (Legal Ombudsman, Financial Ombudsman Service, Financial Services Compensation Scheme) which adjudicate on professional services. He is the editor of the chapter “Human Rights and Judicial Review in Professional Liability” in Jackson & Powell on Professional Liability.

Professional liability cases include:

Acting for a claimant suing her former solicitor for negligent conduct of a claim for recovering fraudulently misappropriated cryptocurrency
A claim concerning failure by solicitors to protect the interests of an investor suffering with terminal brain cancer from misappropriation of his investment by an investment manager
defending a barrister in a negligence claim arising from Proceeds of Crime Act (POCA) confiscation proceedings following the client’s conviction for trademark offences; Richard has particular expertise in POCA. He has previously represented criminal solicitors sued by a convicted fraudster for failing to advise on the extent of assets falling within the scope of POCA.
solicitors negligence claim in relation to alleged misadministration of an estate; includes application for civil restraint order
conveyancing negligence claim concerning bridging loan to trustees of a church
judicial review claim against Financial Services Compensation Scheme concerning refusal of claim on ground that advice given by an unregulated non-UK sister company of a regulated firm
claim against Financial Ombudsman Service (“FOS”) on jurisdictional point concerning whether a complainant bringing FOS claim in incorrect capacity is an “eligible complainant”
claim against FOS concerning whether FOS must consider a “break in the chain of causation defence”

Richard has extensive experience of sanctions and asset-freeze work, both advisory and litigation. He is a co-author of the chapter on “Sanctions including Asset Freezes” in National Security: Law Procedure and Practice (OUP, 2^nd edition).

Examples of litigated cases include:

R (ABB) v HM Treasury: a statutory review in the Administrative Court of a refusal to grant an extraordinary situations licence to a Belarusian subsidiary of a Russian banking group (ongoing as at October 2024)
R (Al-Ghabra) v HM Treasury, CO/2428/2023: judicial review of amendment to a basic needs licence granted to a person designated on the UN ISIL and Al-Qaida Sanctions List. Richard acted for HM Treasury. Permission to apply for judicial review refused.
Clear Junction v HM Treasury, UT/2021/000146: a statutory appeal in the Upper Tribunal (Tax and Chancery Chamber) against a civil penalty for a payment provider’s alleged failure to carry out required checks under the Russia Regulations. Richard acted for HM Treasury. Appeal withdrawn before substantive hearing.
R (Certain Underwriters at Lloyd’s London) v HM Treasury [2020] EWHC 2189 (Admin): a case concerning information rights of third parties under EU sanctions regulations on Syria.
R (Begg) v HM Treasury: a challenge by statutory review to an asset freeze imposed on grounds of reasonable suspicion in terrorism. Richard acted for HM Treasury. Claim withdrawn before substantive hearing (reported judgments include [2016] EWCA Civ 568).
R (MK) v HM Treasury: another challenge by statutory review to an asset freeze imposed on grounds of reasonable suspicion in terrorism.

4 New Square Chambers is a fast growing presence at the public international law Bar. Members of Chambers regularly act on behalf of, and against, national governments in the UK and abroad in contentious and advisory proceedings, and advise governments, corporate bodies, non-governmental organizations, and individuals on a range of matters including:

the protection of foreign investment under bilateral investment treaties as well as regional protections such as NAFTA and the Energy Charter
the interpretation and application of international law in domestic courts and international courts and tribunals
state and diplomatic immunity
international environmental lawthe use of force and armed conflict
the international protections for human rights through international treaties such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights.

Current and recent instructions in the field of public international law include disputes before the International Court of Justice, the ICSID and ICC tribunals, the European Court of Human Rights, the Court of Justice of the Economic Community of West African States, and the domestic courts of the United Kingdom, the Gambia and the Republic of Turkey. Given Chambers’ long-standing strength in international arbitration work, members of chambers are particularly well placed to advise and to represent parties in investor-State disputes.

Highlights of recent public international work by Members of Chambers include:

appearing as counsel for the Republic of Costa Rica before the International Court of Justice in the case concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)
acting for the investors in a substantial investment arbitration against the Maldives Government
acting on behalf of the UK government in the challenge by an Iranian Bank to the validity of sanctions imposed in line with international treaty obligations
acting for and advising an investor in ICSID proceedings against a Central Asian state
appearing as counsel for the Republic of Costa Rica before the International Court of Justice in the case concerning Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Cost Rica)
acting for a leading European Bank in a $75 million property rights claim pending before the European Court of Human Rights
acting on behalf of leading NGOs against the Gambia under the human rights provisions of the Economic Community of West African States treaty
appearing as counsel for a European state in the CME/Lauder bilateral investment treaty claims
acting on behalf of leading NGOs in the challenge, on the grounds of compliance with customary international law and international treaty law, to the detention of David Miranda when carrying material from the Edward Snowden leaks
advising the Republic of Serbia in the advisory proceedings before the International Court of Justice concerning Accordance with international law of the unilateral declaration of independence in respect of Kosovo.

Contact details

r.obrien@4newsquare.com

VAT number: 888282957

ICO number: Z9405946

Clerk: Dennis Peck

d.peck@4newsquare.com

+442078222040

+447842 447 639

Accreditations

Chambers & Partners
“Extremely hard-working – he will do whatever it takes to get the case done. He has a huge brain but is also charming with clients and really nice to work with.”

Chambers & Partners
“Richard is a very good and clear advocate.”

Chambers & Partners
“Richard makes very sensible submissions with a sound basis and he's got the ear of the court. His written work is superb as well, very well researched and punchy.”

Chambers & Partners
“Richard has an efficient order in how he manages cases, how he deals with clients and how he works through problems. He is very effective and reliable.”

Legal 500
“A top barrister with superb judgement and first rate legal skills. He has a lovely manner in court.”

Legal 500
“A perfect fit for sensitive knotty cases. He is a strategic thinker with excellent instincts about the potential consequences of alternative routes.”

Chambers & Partners
“Superb on paper and a powerful advocate.”

Legal 500
“His advocacy and written work are always immaculately presented.”

Chambers & Partners
“A fantastically acute lawyer and very, very tough.”

Chambers & Partners

Administrative & Public Law
Inquests & Public Inquiries

Legal 500

Inquests and Inquiries
Administrative Law and Human Rights

Education, Scholarships and Appointments

Richard gained the highest first in his subject at Oxford, as well as Magdalen College scholarships and tutorial prizes. He went on to receive an MPhil. He came first in his year at Bar School in Advocacy and won several scholarships, including the Lord Mansfield, Hardwicke, CPE and pupillage scholarships. He was the Judicial Assistant to the Master of the Rolls in January-March 2008.

Publications and Professional Memberships

Richard is an editor of Jackson & Powell on Professional Liability and has also contributed articles to Judicial Review (Hart Publishing). He frequently lectures on topics relating to his practice. Richard is a member of the Professional Negligence Bar Association, COMBAR and the Administrative Law Bar Association

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Richard O’Brien KC

Contact details

Clerk: Dennis Peck

Privacy Policy

Areas of expertise

Public Law & Human Rights

Commercial and Professional Liability

Professional Liability

Sanctions

Public International Law

Contact details

Clerk: Dennis Peck

Accreditations

Directory Rankings

Chambers & Partners

Legal 500

Qualifications & Memberships

Related Resources

If you would like to know more or have a question please talk to our clerks

Call

Email

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