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Practice Profile
Personal Injury
Richard undertakes all aspects of personal injury work. He advises, drafts pleadings and appears for both Claimants and Defendants in fast track and multi track cases, including applications, 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. Richard is happy to undertake appropriate cases on a CFA basis. 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; advice and drafting of questions to the expert surgeon in a case which involved a complicated fracture of the elbow requiring many operative procedures; advising in a personal injury claim where there was dispute as to whether the accident had caused the Claimant’s death. Richard also has an interest in medical negligence claims.
Public Law, Planning and Regulatory
Regulatory
Richard has a varied and interesting regulatory practice. He is on a small panel of counsel who are regularly instructed by Royal Mail Legal Services in matters of fraud. Richard advises and appears on behalf of the Royal Mail in South and more recently North Wales, the South West and across the Midlands. Most cases concern dishonest practices involving large sums. Richard has appeared in the Court of Appeal on behalf of the Royal Mail.
Richard is instructed by South Wales Police in general matters but more specifically to advise Disciplinary Panels chaired by the Deputy Chief Constable. He has recently undertaken this role for North Wales.
Richard is on the Attorney General’s panel of prosecuting counsel and represents Government departments including H.M Revenue and Customs and the Department for Work and Pensions, the Department for Business Innovation and Skills (formerly the DTI). He has recently concluded the prosecution of a sports agent, charged with numerous offences contrary to the Insolvency Act 1986 and the Perjury Act 1911. The case concerned the Defendant obtaining hundreds of thousands of pounds in credit whilst bankrupt. The Defendant was imprisoned and the POCA aspect of the case will be dealt with in 2010. Richard has acted both for and against DEFRA. Interesting cases have involved cattle identification and arable crop fraud. A current case involves prosecution for breach of an enforcement notice contrary to Section 17A of the Forestry Act 1967. Richard has experience of prosecutions brought by the Environment Agency.
Richard has experience of representing local authorities in prosecutions brought by them in relation to a wide range of offences, including trade descriptions, trading standards, licensing, environmental protection and town and country planning. On the defence side, Richard has represented a national pub chain in a prosecution brought by a local authority involving food hygiene offences.
Richard represents directors of companies charged with offences relating to their accounts brought by Companies House.
Richard maintains an interest in road traffic offences, of all description, but particularly dangerous driving and driving without due care and attention. He has experience of prosecuting and defending cases of this sort in both the magistrates and Crown Court. He recently acted for an elderly client charged with dangerous driving and who had caused near fatal injuries to himself and his passenger and lesser injuries to persons travelling in other vehicles.
Public Law
Richard was Junior Counsel to the Pennington Inquiry into the E Coli O157 outbreak in South Wales in 2005, which led to widespread illness and a fatality. He was led by James Eadie QC (now First Treasury Counsel) of Blackstone Chambers. The role involved analysis of approximately 45,000 pages of documents, preparation of lines of examination for senior counsel to the Inquiry as well as his own examination of witnesses. Richard was instructed by the Treasury Solicitor Public Inquiries Team and was heavily involved for approximately one year on the case during which he worked closely with senior civil servants and a senior solicitor from T.Sols. He also gained some experience of managing the work of second junior counsel to the Inquiry. Professor Pennington’s report was published in March 2009. In the forward to the report, Professor Pennington thanked Richard for his help and for his "visible contribution to the elicitation of evidence at the oral hearings".
As a result of his involvement in the Inquiry, Richard has amassed a wide knowledge of Local and Assembly Government, the NHS (both clinical and managerial), food procurement systems at a local and national level, as well as food hygiene legislation generally and more specifically in relation to butchers.
Richard was recently appointed to the National Assembly for Wales Panel of legislative drafting counsel (one of eight counsel). Richard will work with and under the guidance of Graham Walters of Civitas. He will be instructed by the chief legal advisor to the National Assembly.
Richard has experience of representing parties (usually families of the deceased) at Coroners Court Inquests.
Planning
Richard has begun to develop experience in planning matters. He has been instructed by local authorities in cases involving allegations of breach of planning permissions.
Chancery, Business and Consumer Law
Richard represents several large breweries (Greene King, Punch Taverns, Admiral Taverns, Mitchells and Butler) in re-possession claims, often involving large arrears and breach of contractual purchasing obligations. Interesting cases involves allegations of trespass by bar staff who were not assigned rights under the tenancy; the enforceability of a contract signed by a tenant who was subject to a Mental Health Order, and whose affairs were dealt with by a local authority, a fact which was not apparent or disclosed to the brewery at the time the agreement was signed, and cases where the Official Solicitor is approached following the death of tenants where no probate exists.
Richard has experience of litigation involving the Sale of Goods Act and the Sale and Supply of Goods Act. Richard has a particular interest in building disputes and related expert evidence. An interesting case involved a dispute over the installation of drainage systems in a luxury barn conversion.
Richard undertakes cases involving contractual disputes between both individuals and companies.
Richard has experience of housing law litigation representing both the landlord (usually local authorities and housing associations) and more recently the Defendants. He has dealt with many actions based on alleged anti social behaviour of tenants and their families as well as claims against the landlord for disrepair. Interesting cases include the application of the Disability Discrimination Act 1995 in a local authority’s decision to bring proceedings against a tenant and; the rights of succession to a council owned property balanced against the local authority’s need for housing.
ADR
Richard has recently qualified as a Civil and Commercial Mediator and is accredited by the ADR Group. He is a member of the Civitas ADR Division and has taken an active party in recent seminars on mediation for Eversheds and at the National Assembly.
NOTABLE CASES
The Pennington Inquiry into the E Coli O157 outbreak in South Wales in 2005, the first Inquiry to be established in Wales following the Inquiries Act 2005. Richard was Junior Counsel to the Inquiry, led by James Eadie QC.
BIS v Russell Morgan, Cardiff Crown Court, September 2009. Offences contrary to the Insolvency Act 1986 and Perjury Act 1911. The amount of credit obtained was in excess of £400,000 and the deficiency in the bankruptcy was £750,000.
ARA v Grainger, Swansea Crown Court, June 2007. Proceeds of Crime Act proceedings following copyright and trademark offences. Benefit figure assessed at £475k. Assets assessed at £630k. Richard was instructed by the Assets Recovery Agency in London.
Lazenby v Caerphilly CBC, October 2006. Contempt of Court proceedings before Mr Justice Davis involving a claimant who made a fraudulent personal injury claim.
R v Bainton, Court of Appeal, December 2005. Prosecution of a post mistress who stole £220,000 from her employer.
R v Binley, Court of Appeal, December 2007. Prosecution of a postman who stole and then used credit cards he was supposed to deliver.
RCT CBC v (A Child). Obtained an anti social behaviour order an behalf of the local authority against a 13 year old boy (the then youngest recipient of such an order in Wales)
EDUCATION
1999-2000: University of Cardiff Centre for Professional Legal Studies, Bar Vocational Course – Very Competent
1996 -1999: University of Warwick, LLB – 2:1
1994-1996: Neath College, 4 A levels (3 As 1 B)
APPOINTMENTS
2006 Attorney General’s C List of Prosecuting Advocates
2007 Crown Prosecution Service Grade 3 Prosecutor
2007 Nomination from the Attorney General in order to undertake appointment as Junior Counsel to the Pennington Inquiry
2009 Accredited Civil and Commercial Mediator
DIRECTORY ENTRIES
• Listed in Legal 500 as "popular" and "one to watch"
INTERESTS
• Family life – Richard is married with a daughter and a son
• Tennis – member of Cardiff Tennis Club
• Rugby union, particularly Neath RFC
• Cricket – Glamorgan and England
• Political History
