Insurance & Reinsurance
Recommended in the Legal 500.
He advises and appears on behalf of both Claimants and Defendants.
He has regularly acted for many of the leading insurers.
He is also instructed on behalf of numerous Lloyd’s Underwriters.
He is retained in a very wide variety of cases involving an insurance element.
He has been instructed on behalf of the ABI itself in connection with issues arising out of the insolvency of insurance companies.
His insurance practice frequently involves advice and litigation relating to policy coverage and the construction of policy wording.
Selected Cases
- Ted Baker v AXA Insurance [2012] EWHC 1406 (Comm) – Whether theft by employee was covered by policy without discrete Fidelity Insurance, relevance of intention to replicate previous cover, rectification, estoppel by convention, whether scope of cover misrepresented to co insurers by brokers.
- Verizon UK Ltd v Bowmer & Kirkland Ltd (2009) – He was instructed in a large claim in the TCC arising out of the alleged failure of the heating / cooling systems of commercial premises.
- Markel & QBE v SGC & Ors [2009] – Lloyd’s Rep IR 77 (also [2008] EWHC 3087 (Comm) & [2009] EWCA Civ 790) – Surety bonds, insurance binders, civil fraud & directors’ duties.
- Shinedean Ltd v Alldown Ltd & AXA [2006] 1 WLR 2696 – Significant case in which the Court of Appeal reviewed the law relating to a claims co-operation clause (construed as a condition precedent) and whether prejudice was an essential or relevant element before Insurers could refuse indemnity.
- In Bankers Insurance Co Ltd v South & Gardner [2004] Lloyd’s Rep IR 1 – He was instructed on behalf of Insurers in a case of a serious head injury arising out of the use of a Jet Ski. The case involved the issue of whether a jet ski fell within the definition of a “waterborne craft” and the consequences of a failure to notify insurers of the incident.
- Mc Alpine v BAI (Run-Off) Ltd [2000] 1 Lloyd’s Rep 437 – This is a case in which the Court of Appeal considered the law in respect of the consequences of a breach by an insured of a notification equirement (construed as an innominate term) in a contract of insurance.
- Citybank v Lebihan – He has been instructed by insurers in a variety of fire cases including welding and electrical fires and in particular a fire in the underground UPS cables of Citibank.
Civil/Insurance Fraud
Richard has extensive experience of claims involving allegations of exaggeration or dishonesty in respect of injuries or financial loss. Cases have included successfully deploying covert surveillance evidence to disprove complaints, establishing that documents had been forged and establishing at trial that an allegation against an innocent driver of involvement in a serious accident was the result of a fraudulent conspiracy.
Reported cases include:
- Markel and QBE v SGC [2009] Lloyd’s Rep IR 177 (Director’s liability);
- Ted Baker v AXA Insurance [2012] EWHC 1406 (Insurance consequences of
theft by an employee); - Joyce v O’Brien and Tradex Insurance Co [2012] EWHC 1234 and [2013] EWCA 546 (Ex Turpi Causa).
He has lectured on issues related to dishonesty including Section 57 of the 2015 Act, Contempt Proceedings, Claims for Deceit and Ex Turpi Causa.
His experience in civil litigation is supplemented by his previous experience in the criminal courts involving inter alia the prosecution of offences of dishonesty and fraud.
He sat as a Recorder in the Crown Court for 10 years.
Selected Cases
View full profile »Recommendations
“He is very experienced, knowledgeable and pragmatic. He gives sound and detailed advice and is very good on the detail.”
Chambers & Partners, 2022
“Extremely knowledgeable in insurance work. Richard is extremely thorough and pays great attention to detail, which is imperative in this type of work. Provides sensible, pragmatic advice for clients and his experience shows through in difficult negotiations. Very much a team player, always works to deadlines and is very efficient.”
Legal 500, 2022
“The perfect QC – a skilful advocate with an excellent knowledge of the law.”
Legal 500, 2021
“He is extremely experienced and very forensic in his approach. His attention to detail is second to none.”
Chambers & Partners, 2021
“Extremely knowledgeable and pays great attention to detail, which is always necessary in indemnity/coverage cases – he draws on his vast experience to find solutions, is calm and unruffled, and a very good advocate.”
Legal 500, 2021
“An extremely experienced barrister who is calm, measured and forensic, as well as extremely quick and responsive. He is very much a team player.”
Chambers & Partners, 2020
‘He is very commercially aware. ’
Legal 500, 2020
“His advocacy and client care are first rate.”
Chambers & Partners, 2020
“The consummate QC, there is no better”
Legal 500, 2018
“Highly knowledgeable in his field. Very thorough. He provides a pragmatic analysis of the issues informed by his wealth of experience.”
Legal 500, 2017
“He is held in high regard for his tactical skills and steely determination – you want him on your side.”
Chambers & Partners, 2016
“He’s extremely knowledgeable, easy to talk to and has a very good presence in court – all the things you would look for in a barrister.”
Chambers & Partners, 2016
