Richard Cole

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, an instruction which will continue for several years.  The role has involved leading a team of counsel and solicitors and analysing millions of pages of documents.

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. 

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 [2023-2026] Since January 2023 Richard has acted for No 10 and the Cabinet Office at the Covid Inquiry.  He has led teams of counsel and solicitors in assisting witnesses and the Cabinet Office, more generally, in their preparations for the Inquiry hearings.  Richard has assisted a former Prime Minister, Secretaries of State, Ministers, Senior Civil Servants and SpAds.  He has continued to assist in relation to Module 4 (vaccines) and is leading in relation to Module 7 (Test, Trace and Isolate), which is due to be heard in 2025.

Module 1 – Preparedness

• The Director of the Civil Contingencies Secretariat
• The Permanent Secretary at the Department for Exiting the European Union
• Sir Oliver Dowden, the Deputy Prime Minister
• Lord David Cameron, the former Prime Minister (led by Anne Studd KC)

• Module 2 - Government Response to the Pandemic
• The Director of the Civil Contingencies Secretariat
• James Slack and Lee Cain, No 10 Directors of Communication
• Penny Mordaunt MP, the Paymaster General
• Sir Michael Ellis MP, the Paymaster General and Attorney General
• Munira Mirza, Special Advisor to Boris Johnson MP
• Lord Edward Lister, the Prime Minister’s Chief of Staff
• Justin Tomlinson MP, Minister of State for Social Security and Disability
• Kemi Badenoch MP, Minister for Women and Equalities

• Various v The Home Office [2024] Advising the Home Office in relation to decisions to send asylum seekers to Rwanda for their claims to be determined.

• 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).