Richard Cole

Year of Call:

2000

“Richard is very relaxed and calm as an advocate and comes across as the voice of reason” Chamber & Partners 2023 “Richard is extremely hard working and has a first class legal brain. He has flair and charm in court and is admired by judges and barristers alike” Legal 500 2023 “Richard is very well known for his work on behalf of the Government” Legal 500 “Richard is tier 1 counsel for inquest work” Legal 500

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Areas of Expertise

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Overview

Richard combines a public law practice, acting on behalf of Government departments both Westminster and Welsh Government; with a regulatory practice encompassing litigation on behalf of public authorities. He also has a healthy Defendant personal injury practice representing insurers and the NHS. In 2021 he was re-appointed to both the Attorney General’s and Welsh Government’s “A” Panel of Counsel.

Having a strong background in advising disciplinary panels he sits as the Chair of disciplinary hearings involving senior doctors (usually reserved for silks) for all of the Health Boards in Wales.

Richard sits as a Judicial Officer in disciplinary and administrative hearings for the Welsh Rugby Union and World Rugby.

He was, until December 2022, the Wales and Chester representative on the Bar Council.

Richard is well known for his thoroughness in preparing his cases and for his attention to detail.

Appointments

2020-22 The Bar Council
2015-21   Chambers Management Board

2013-20   External Examiner Bar Finals BPP – Judicial Review and Professional Discipline
2013-17   Pupil Supervisor
2012-   Junior Counsel to the Welsh Government
2010-   Junior Counsel to the Crown
2009-      Accredited Civil and Commercial Mediator

2007-09   Attorney General’s nomination to act as Junior Counsel to the Pennington Inquiry
2005-12   Attorney General’s List of Prosecuting Counsel

Education

Dwr y Felin Comprehensive School and Neath College, Neath

University of Warwick, LLB
Cardiff University, Bar Vocational Course

ADR

Richard qualified as a mediator with the ADR Group. His experience as a mediator has been in the commercial field usually involving construction and contractual disputes. However, he is happy to mediate in all types of dispute.   Interestingly, his last mediation involved a contested probate dispute which had been ongoing for some eight years. The matter reached agreement after just eight hours of mediation, with all parties content with the outcome.  Richard is also keen to mediate in disputes arising in the sporting sphere. He currently sits in a judicial role for the WRU deciding administrative, regulatory and disciplinary matters. He is also a Judicial Officer for the Six Nations Championships and World Rugby. He sits as a legal chair in disciplinary proceedings involving doctors. He has previously sat as a Legally Qualified Chair in police disciplinary proceedings. Richard would bring his judicial experience to any mediation in which he is involved.

Administrative and Public

Richard was appointed to the Regional Panel of Crown Counsel in 2010 and was re-appointed in 2015 and 2021. In 2018 following a realignment of the Panel he was appointed to the “A” Panel. Since his appointment, he has represented a number of Government departments on a regular basis in a variety of cases. The departments include Her Majesty's Revenue and Customs, the Home Department, the Department of Transport, the Foreign Office, the Ministry of Justice, the Lord Chancellor's Department, the Cabinet Office and the Ministry of Defence. Cases have ranged from defending officials at the Inland Revenue in a libel/slander claim; representing the Department of Transport in noise pollution/trespass claims and data protection matters; advising and representing the Home Department in various statutory appeals, unlawful detention claims and issues arising in Calais; and representing the Secretary of State for Business Innovation and Skills in numerous director disqualification proceedings. Richard has been recommended by the Legal Directories since 2014 for his work on behalf of the Government. In 2022 he was instructed to assist the Cabinet Office in relation to the COVID 19 Inquiry.

In 2012 Richard was appointed as Junior Counsel to the Welsh Government and was re-appointed to the A Panel in 2021. He has advised the Welsh Ministers on a number of matters. In 2020-21 he advised the Care Inspectorate Wales in advance of and during the “Jasmine Inquests” (owned by Dr Das) into deaths in care homes in the early 2000s. There were over 100,000 pages of documents. He was led by Toby Riley-Smith QC and was assisted by Lucy King. He has dealt with claims emanating from road flooding, the construction of a railway upon the highway in North Wales, in relation to the trespass of grazing land in Swansea, and industrial deafness claims of former employees. In 2019 he appeared in judicial review proceedings in the High Court concerning education provision for children with learning difficulties.

He also has vast experience of advising Welsh Water PLC in relation to claims emanating from flooding and accidents involving their apparatus, and the Forestry Commission in relation to a number of matters.  In 2018/19 he was involved in successfully defending a very high value agricultural claim being brought against, amongst others, the Welsh Ministers, whom he represented.

Richard was Junior Counsel to the Pennington Inquiry (engaged 2007-2009) into the E Coli O157 outbreak in South Wales in 2005, which led to widespread illness and a fatality. He was led by Sir James Eadie QC (First Treasury Counsel). Richard was instructed by the Treasury Solicitor Public Inquiries Team. In the foreword to his report, Professor Pennington thanked Richard for his help and for his “visible contribution to the elicitation of evidence at the oral hearings”.

Cases

Covid Inquiry [2023] Instructed to assist the Cabinet Office and their involvement in the Inquiry
D v Home Office [2022]. Human Rights claim following the death of an asylum seeker pursued by Immigration Officers.
Various unlawful detention claims against the Secretary of State for the Home Department [2022].

M v MOJ [2022]. Claim involving delays in providing a prisoner with courses to enable his release.
A v Sec of State for Home Department [2022]. Interesting claim arising out of delays relating to visa being approved.
B v Sec of State for Home Department. [2022]. Case involving Border Force procedures in search passengers at Heathrow.
Various Foreign Companies v Secretary of State for the Home Department [2021] , Nottingham County Court before the DCJ. A series of appeals against the imposition of civil penalty notices for hauliers.
J v MOJ [2021] Data protection claim against the Ministry in relation to Rule 39 correspondence within the high security prison estate.

Numerous data protection claims against the Secretary of State for Transport [2021]
C v MOD [2021] Ongoing high value personal injury claim involving numerous medical experts.
R (Davies) v the Welsh Ministers and Cardiff Council [2019], High Court. Successfully defended judicial review proceedings concerning specialist education funding for child with special educational needs.
Lyons Transport v Secretary of State for the Home Department [2019]. Appeal against the imposition of a civil penalty notice for the discovery of illegal immigrants in the rear of lorries at Calais Port. Instructed by the Border Force.
Secretary of State for BEIS v A [2019]. Complicated director disqualification proceedings brought against the so called “Bonnie and Clyde” of the printing world. Document heavy and crossing a number of jurisdictions across Europe and Asia. Successful in obtaining order sought by the Secretary of State.

Numerous claims against the Secretary of State for the Home Department [2017-21] for alleged unlawful detention of people subject to immigration control.
Numerous appeals against the Secretary of State for Transport [2018-22] involving complex medical evidence and the ability of driving licence holders to retain their licences.
W v The Ministry of Defence [2018] High Court, QBD.  High value bullying and discrimination claim against the Ministry.
J v The Welsh Ministers [2018/19]. High value claim brought by former employee whilst working in agriculture.
Arthur v Welsh Ministers [2018] Cardiff and Swansea CCs. Two appeals brought against judgments in favour of the WM’s relating to the use of land and construction of tenancies relating to the same land.

S v Secretary of State for Transport [2018]. Brighton County Court. Allegations of data protection breaches by the DVLA which led to arrest. Ultimately withdrawn by the Claimant following exchange of pleadings.
The Official Receiver v Done [2018] Newport CC. Rare contested Bankruptcy Restriction Order application, with a number of complicating features. Seven year order obtained.
The Commissioners for HM Revenue and Customs v Collins [2017], High Court, QBD. Judgment on behalf of the Commissioners for a sum in excess of £440,000 in relation to non-payment of tax, surcharges and interest.
Ogungbadero v Secretary of State for the Home Department, High Court, QBD [2017]. Successful resistance of an Application for an injunction to prevent the Secretary of State from carrying out her functions in deporting the Claimant who did not have leave to remain in the UK.
Kirk v Ministry of Justice (1), Parole Board of England and Wales (2), Chief Constable of South Wales Police (3), High Court, QBD [2017].  Successful striking out of claim brought against the Second Defendant on the basis of alleged delays in listing a Parole Board hearing.  Detailed consideration of the definition of a ‘judicial act’ and its application to the Parole Board.

Secretary of State for Work and Pensions v Benjamin Gray [2016-2017], Bristol County Court. Successfully represented the Secretary of State in obtaining an interim and subsequently an indefinite injunction against Mr Gray, which prevents him from attending at and harassing employees of job centres in the South West of England.  The case was interesting given that it included serious allegations against Mr Gray, which were, on their face, anonymous.  Application of the Civil Evidence Act 1995 in injunction proceedings of this sort.    
The Secretary of State for Business Innovation and Skills v Frederick Geraint Hawkes and Janis Hawkes [2015] EWHC 1585 (Ch) – Cardiff. Director disqualification proceedings in which Richard successfully acted for the Secretary of State where the deficiency in bankruptcy was in excess of £26m and serious allegations of misconduct in relation to VAT and accounts were established.  Currently subject of an appeal to the Court of Appeal.
The Secretary of State for Business Innovation and Skills v Kealey [2014] Directors disqualification proceedings brought against a director who “disappeared” and could not be traced by the Insolvency Service, following the collapse of a well known restaurant in the Cardiff area. Proceedings dealt with in absence but with consideration of service on papers at last known address. 
P v First Tier Tribunal and CICA [2014] Represented CICA, as intervener, in a judicial review. The case involved the statutory interpretation of notes 8-11 and the ambit of the phrase “mental illness” within the 2008 scheme.
G and M v First Tier Tribunal and CICA [2014] Represented CICA, as intervener, in a judicial review. The issue concerned limitation periods within the 2001 scheme in respect of ancient sexual abuse claims.

Sturgess v Ministry of Justice [2012-14]. Represented the MOJ in a long running disability discrimination claim brought against six prisons before HHJ Seys Llewellyn QC.  Ultimately, the claim was struck out and an extended civil restraint order was imposed against the Claimant by Hickinbottom J.
Miah & others v Secretary of State for the Home Department (2015) Appeal against HHJ Vosper QC’s order striking out the Appellant’s appeal against a civil penalty notice imposed by the Secretary of State.  Successfully resisted the appeal before Hickinbottom J.  The first case of its kind in the UK where the unique directions imposed in such appeals before the County Court were challenged in the High Court.
Secretary of State for Business Innovation and Skills v Evans (2013) Director Disqualification proceedings where the deficiency was in excess of £9 million v First Tier Tribunal [2013] JR/3413/2012. Represented the Criminal Injuries Compensation Authority, as intervener, in a judicial review of the First-Tier tribunal's interpretation of paragraph 1 of the 2008 scheme.
The Secretary of State for Business Innovation and Skills v Chan and Ng (2013) Directors disqualification proceedings following the demise of a well known restaurant in Cardiff Bay. Policy of discrimination in non-payment of Crown debts.
The Queen (on the Application of E.E.) v Bridgend Magistrates Court and the Director of Public Prosecutions (2012). Judicial Review proceedings before Singh J, where the CPS’s decision to prosecute and the criminal court judge’s decision not to dismiss the prosecution was being challenged.  Richard was instructed by the DPP and was successful in having the application dismissed.

Advised the Welsh Ministers in relation to the  responsibility for a highway which met train tracks on a stretch of a major road in North Wales, at which a large number of accidents occurred (and subsequently resulted in personal injury claims being brought involving cyclists) (2012).
The Pennington E Coli Inquiry (2007-2009) Led by James Eadie QC Acted as Junior Counsel to the Inquiry.

Inquests and Inquiries

Richard is consistently instructed in high profile inquests on behalf of HM Prison and Probation Service and has experience of acting on behalf of the Chief Constable of South Wales Police. Notwithstanding his focus on representing the state at inquests he is open to representing families of the deceased, having experience of this earlier in his career.

Cases

Hall (Truro) (2022). Instructed to lead the MOJ team (HMP Exeter and Probation Service) following the tragic murder of Mrs Hall following the release into the community of her partner.
Barnes (Bournemouth) (2022). Death of a young man at HMP Portland who was close to release. Detailed exploration of ACCT processes which attracted extensive media coverage and analysis from legal commentators regarding high level guidance provided to health care staff within prison.
James (Pontypridd) (2022). Death of a prisoner acting in a bizarre manner, with a history of using Spice. Exploration of issues regarding barricades and liaison between health staff and prison officers.
A (Swansea) 2022). Represented the Probation Service following the drugs overdose of a former long-term prisoner in the community.
Abiaz (Swansea) (2022). Represented the governor of HMP Swansea following death of an asylum seeker with mental health issues. Exploration of ‘reception’ processes at the prison.

Lewis (Pontypridd) (2022). Represented the governor of HMP Cardiff following the death of a prisoner.
T (Swansea) (2021). Representing Swansea Bay UHB (Swansea). Death of a gentleman detained at a psychiatric hospital.
Dawood (Newport) (2021). Represented the Home Office in a highly publicised inquest involving a Sudanese asylum seeker who fell through a warehouse roof during an immigration enforcement visit.
Pritchard (Exeter) (2021). Represented the prisoner governor following the very sad death of an 18-year-old man in HMP Exeter.
Evans (Pontypridd) (2021). Represented the prisoner governor of HMP Cardiff following the death in custody of a prisoner.

Jasmine Inquests (Newport) (2021). 3 months inquest on Teams representing the Welsh Ministers following deaths in care homes 20 years earlier and following a well-publicised history of police investigation and government review.
Huxter (2020). Highly publicised prison death (Swansea). Represented the governor and his officers in relation to an inquest involving consideration of the ACCT process.
O Inquest (Pontypridd) (2019). Instructed by the governor of Cardiff Prison in respect of a death of a prisoner following prescription and hidden condition.
Currently instructed in a lengthy inquest on behalf of the MOJ and HMPs Swansea (2017-2019)
H Inquest (Exeter) (2018). Acted on behalf of the MOJ in an inquest involving the death of a prisoner at HMP Exeter.

Lakin inquest (Welshpool) (2015) Acted on behalf of the Chief Constable of Dyfed Powys Police in an inquest, which involved the tragic death of a female motorcyclist. The case received a high level of national press coverage.
Collier Jury Inquest, Cardiff Coroner’s Court (2013) Represented the Governor of HMP Cardiff and his officers at an inquest in which a newly imprisoned inmate hanged himself.
Woole Jury Inquest. Swansea Coroner’s Court (2012) Represented the Chief Constable and his officers, at an Inquest at which the world’s leading forensic pathologist expert on restraint involving drug intake gave evidence. 
Junior Counsel to the Pennington Inquiry (2007-2009) Led by James Eadie QC, First Treasury Counsel. Richard advised Professor Pennington in the first and to date only public inquiry to take place in Wales following the coming into force of the Inquiries Act. He analysed 40,000 documents, questioned witnesses and on occasion acted as Lead Counsel to the Inquiry.

Personal Injury

Richard undertakes all aspects of personal injury work. He advises, drafts pleadings (including schedules of loss) and appears for both Claimants and Defendants in fast track but more usually multi track cases, including applications, costs and case management conferences and trials. He has experience in a wide variety of personal injury actions, including highway tripping, road traffic accidents, occupiers’ and employers’ liability.  He particularly enjoys cases with complicated medical issues. Interesting cases have involved the successful defence of a multi-track claim brought by a rugby player who suffered a double fracture of the jaw in an amateur match; low velocity impact road traffic accidents where causation of injury is denied and cases where fraud is alleged; drafting of questions to and holding conferences with medical experts  in a variety of cases; advising in a claim where there was a dispute as to whether a road traffic accident had caused the Claimant’s death; advising the mother of a child patient who died following medical negligence in relation to psychiatric injuries suffered as well as novel areas of special damages; advising in a high value dentistry claim; successful defence in a multi-track claim brought against a nightclub chain involving indemnity issues as against a sub- contracting door security firm. He recently advised South Wales Police in relation to a well-publicised claim against the force, following the death of a person who had taken a vehicle without consent and was pursued by police officers.  Richard regularly advises Government Departments (usually the Prison Service) in relation to personal injury claims.

Cases

B v MOJ [2022]. High value claim brought by a prison officer. Leading Owain Rhys James.
A v MOJ [2022]. Several claims brought by the families of prisoners who died in prison.
L v MOJ [2021] Claim by a violent prisoner assaulted in custody. Dismissed.

D v Cardiff Bus [2021] Successful defence of claim based on automatism following a bus crashing in Cardiff City centre, the driver having fainted. Medical evidence.
A v MOJ [2021]. Represented HMP Manchester in a claim brought by a prisoner whose throat was slashed by another prisoner serving an attempted murder sentence for exactly the same act.
A v Tesco [2020]. Represented Tesco in a high value brain injury case. Many experts on both sides. Case settled before trial.
W v MOD [2020], High Court, QBD. High value claim brought against the Ministry for personal injury and bullying.
Williams v Rhondda Cynon Taf CBC and Dwr Cymru [2017-2018], acting for Dwr Cymru in a ‘tripper’ claim which is now being considered by the Court of Appeal, Civil Division.

D v An Insurance Company [2017], High Court, QBD, Birmingham, Mr Justice Soole.  Acted on behalf of the Claimant in a contested Eeles application against an experienced silk, and was successful in securing a interim payment in excess of £100,000.
A v An NHS Trust [2017], High Court, QBD, Cardiff.  Acted on behalf of a Claimant in a contested application against a silk regarding the Defendant's pleadings in respect of admissions concerning causation.
Davies v Ministry of Justice [2016-17].  Advised the Ministry in respect of a very high value claim where a court cell security officer suffered a serious injury to her hand.  The case involved conferences with a plastic and reconstructive surgeon in respect of regional pain syndrome as well as numerous court officials.
YB v The Soul Suite [2015] Claim brought against a night club for a serious injury to the knee which had long term consequences for the Claimant. Led by Nicholas David Jones.  Contested medical evidence.
L v Ministry of Justice [2014] Claim brought against the Ministry concerning court room furniture which had wide ranging implications in the event of success on behalf of the Claimant.  Claim dismissed.

R v South Wales Police [2012] Defended high profile proceedings following a police pursuit in which the driver of a stolen vehicle crashed into a wall and died.
Lazenby v Caerphilly High Court, QBD [2006] Contempt of Court proceedings before Mr Justice Davis involving a claimant who made a fraudulent personal injury claim. The second publicised contempt case in such proceedings in South Wales.

Police law

Police Law

Richard is instructed by the Force solicitors of the police forces across Wales in general litigation arising from operational policing such as cash seizures; firearms/shotgun appeals; inquests; and various civil orders such as sexual offender and sexual risk orders and football banning orders. Richard also has vast experience of police disciplinary hearings.  

Cases

Advised the IOPC ‘at arms-length’ [2022] Sifting PII material on an officers’ mobile phone in relation to an investigation.
L v Chief Constable of Dyfed Powys Police [2022]. Advised the Chief Constable in relation to a complex firearms appeal and the material collated by the department. Appeal eventually abandoned by the Appellant.
Jeremy v Chief Constable of Dyfed Powys Police (2019). Long running and complex firearms appeal involving wide ranging policy implications. Led by Jonathan Rees QC

Clark v Chief Constable of Dyfed Powys Police (2019). Proceedings brought for alleged battery and negligence in a police cell leading to serious injury.
Chief Constable of Dyfed Powys Police v Brain [2017-18] High Court proceedings in respect of a dangerous dog and its owner.
Was commissioned to undertake two separate but linked ‘Reviews’ into the standards of investigation at the IPCC, now the IOPC [2017-18]
 Advised the Force solicitor of Dyfed Powys Police in relation to legislation which introduced a civil sexual risk order, as well as applications arising as a result [2016]
Chief Constable of Gwent v Edwards [2015-16] Advised a panel chaired by the Assistant Chief Constable in 1-week disciplinary hearing – the first public hearing held in Wales.  Alleged assault on a member of the public and a lack of courtesy shown to arresting officers from a different Force.   The hearing attracted a significant level of local media coverage.

Chief Constable of Gwent v PS Evans [2015] Advised a panel chaired by the Assistant Chief Constable in 3-week disciplinary hearing involving serious allegations of a sexual nature.  Over 50 allegations to be considered.  High level of local media coverage. 
Chief Constable of Gwent v PC T, P, L and B [2015] Advised a panel chaired by the Assistant Chief Constable in 4-week complex disciplinary hearing involving allegations of police corruption and the prevention of prosecutions.  High level of local media interest.
Chief Constable of Gwent v PS M and PS R [2015] Advised a panel chaired by the Assistant Chief Constable in a 2-week disciplinary hearing involving allegations of sexual discrimination (involving a gay officer) by supervising officers.  The case had wide ranging implications for the Force.
Chief Constable of South Wales v Price [2015] Advised a panel chaired by the Assistant Chief Constable in a 1-week disciplinary hearing involving allegations of a sexual nature combined with an abuse of power.
Camm and Jones v Chief Constable of South Wales Police [2014] Advised a panel chaired by the Assistant Chief Constable in a two-week disciplinary hearing.  The case received high profile national coverage. The case related to the supervision of a police officer who had been ultimately jailed for sexual offences against members of the public.

Smith v Chief Constable of Dyfed Powys Police [2014] Long running firearms appeal and then civil claim on behalf of the Chief Constable, with a range of complicating features. 
K v Chief Constable of South Wales Police (2012/13) High Court proceedings where Richard represented the Respondent against a well-known litigant in person, in a case involving the Police Property Act.
 J and B v Chief Constable of South Wales Police (2012) Advised the panel in Disciplinary proceedings which attracted national media attention.  The issues to be decided included allegations that CID officers had provided inducements to a serving vulnerable young offender including cider/takeaway food and visits to family members in exchange for admissions to numerous burglary offences, whilst driving around Cardiff.
J v Chief Constable of South Wales Police (2011 and 2012) Represented the Police Authority at First Instance and at the Police Appeals Tribunal in a case where an off-duty constable assaulted members of the public in the presence of other police officers.   The case was eventually subject to an application by the Police Authority to judicially review the PAT’S decision on “outcome” under the Police Conduct Regulations.  The case involved numerous arguments to stay the proceedings as an abuse of process.
M v Chief Constable of South Wales (2011), Police Appeals Tribunal Represented the Chief Constable in an appeal.

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Richard Cole

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Administrative and Public

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