Product Liability
Richard has a busy and successful practice in the field of product liability law, complemented by his extensive knowledge of the law relating to construction, insurance and professional negligence. Richard has regularly appeared in the High Court and the Court of Appeal, frequently acting without a leader against KCs and other leading highly-ranked juniors.
Richard was led by Alexander Antelme KC, alongside David Myhill, in the ground-breaking metal-on-metal hips litigation (Gee v DePuy International [2018] EWHC 1208), and continues to act in relation to similar disputes in other jurisdictions.
Richard is regularly instructed on cases involving complex engineering evidence, reflecting his background in construction claims and his MSc in construction law. He is highly sought after in cases where expert scientific evidence is central to the claim.
Richard’s product liability practice is complemented by his considerable experience in property damage claims. He was junior counsel in one of the leading Court of Appeal decisions on proving causation in property damage claims (Milton Keynes BC v Nulty [2012] EWCA Civ 15). In 2021, Richard was junior counsel to one of the defendants in the Clandon Park litigation. This was one of the largest TCC claims in 2021, involving a nationally important stately home that was destroyed in a fire allegedly caused by a defective lift installation.
Richard has invaluable experience working as part of a wider team on substantial cases, group actions and in multi-party litigation arising out of defective products. For example, Richard has acted for insurers of multiple defendants facing hundreds of claims for installing allegedly defective cavity wall insulation in homes across the UK, with a substantial combined value. He has had extensive involvement representing the manufacturers of metal-on-metal hips in resisting a large volume of claims.
Richard’s practice also means he is very familiar with coverage disputes relating to product liability claims. He regularly advises on the scope of indemnity provisions, exclusions, warranties, and on issues such as misrepresentation and non-disclosure.
Richard is recommended in both Chambers and Partners and the Legal 500 for his product liability work. According to the 2021 edition of Legal 500, “Richard is very thorough, and quickly on top of the detail of a case, no matter how technical and complicated. He is efficient, responsive, very approachable and good with clients and experts” (2021). According to the 2021 edition of Chambers and Partners, “His attention to detail is very good and he always thinks through to the end game. He is thoroughly easy to deal with, very approachable and very good with clients” (2021); and “He is thorough, prompt and punctual. He’s approachable and clearly explains complex issues” (2021).
Selected Cases
- Acted (led by Michael Spencer KC and Alex Antelme KC) for the successful Defendant in the landmark metal-on-metal hips litigation. Gee v DePuy International Ltd [2018] EWHC 1208 (QB); [2018] Med. L.R. 347
- Acting (led by Ben Quiney KC) for contractors in fire in large stately home alleging failure of fire compartmentation caused by negligently designed and constructed lift shaft. Damages claimed in excess of £110m (TCC) (ongoing).
- Acted in a fire claim arising out of alleged defects in the construction of an electric fan, and allegations of negligent design (TCC).
- Acted (led by Alexander Antelme KC) the manufacturer in the claims concerning the ASR metal-on-metal hip implant.
- Acted in for claimants in a product liability action (c.£500,000) arising out of claims for defective hair treatment products.
- Acting for a major retailer in a TCC claim arising out of a fire in commercial property, allegedly caused by defects in a fridge.
- Acting for supplier of taps and other bathroom fittings, in substantial claim arising out of escape of water in a higher education college.
- Acting on behalf of residents of a block of flats in litigation arising out of a flood caused by defects in a domestic boiler (TCC).
- Acting for supplier of commercial milking machines alleged to have caused increased levels of mastitis in dairy herds (QBD).
- Acted for designer of parts of go-karts which led to serious fire in go-karting facility near Tower Bridge (TCC).
Awards
- Arbitration Club Phillip Ranner Prize
- Kings College Construction Law Association Prize
- Lord Mansfield Scholar (BVC), Lincoln’s Inn
- Lord Haldane Scholar (CPE), Lincoln’s Inn
News
- Crown Office Chambers recognised by Legal 500 EMEA 2024 for construction expertise in the Middle East
- Members of Chambers recognised by the Legal 500 EMEA 2023 for their construction expertise in the Middle East
Events
- Richard Sage and Andy Flanagan to attend Riyadh International Disputes Week, 3-7 March 2024
- Dubai Arbitration Week 2023
Articles
- King v Stiefel: a useful guide to making and responding to wasted costs applications
- New Guidance Published on Responsible Contractual Behaviour
Qualifications
- BA History (First Class), Oxford University
- CPE (Distinction), City University
- BVC (Very Competent), BPP University
- MSc Construction Law & Dispute Resolution (Distinction)
Memberships
- Technology and Construction Court Bar Association (TECBAR)
- Society of Construction Law
- Adjudication Society
- Young International Arbitration Group
- Professional Negligence Bar Association
- Commercial Bar Association (COMBAR)
- London Common Law and Commercial Bar Association (LCLCBA)
Recommendations
“Richard is excellent. The work product he produces is second to none.”… “He’s very accessible, very responsive, very thorough and provides well-thought-out arguments.”
Chambers & Partners, 2024
“Richard is very easy to work with – friendly for both instructing solicitors and clients. Richard is pragmatic and able to cut through complicated legal concepts to the crux of issues and prepare persuasive pleadings.”
Legal 500, 2024
“An extremely intelligent junior who distils complex information quickly, and is very calm and collected at all times.”
Legal 500, 2024
“Richard is outstanding. He is extremely bright, fantastic with clients, and immensely hard-working.”
Legal 500, 2024
“Richard has provided comprehensive advice at all stages and has been particularly strong in conference, in complex and changing areas of law, coupled with strong drafting skills and advocacy.”
Legal 500, 2023
“Richard is great on detail, and on working with technical experts to ensure sometimes extremely complex technical issues are presented in the most effective and comprehensible way. He is very easy to get on with, user-friendly, and good with clients and experts.” “Tactically astute; very user friendly. No obvious weaknesses.”
Legal 500, 2023
“He is a pleasure to work with, extremely responsive and produces tightly written well considered pleadings and advice.” “”Richard is very good on the detail as well as the analysis of the law and expert issues.” “”He is a pleasure to work with, extremely responsive and produces tightly written well considered pleadings and advice.”
Chambers & Partners, 2023
“He advises his clients with great skill and sensitivity and he’s an excellent team player and a brilliant advocate.”
Chambers & Partners, 2022
“Richard is a class act and very knowledgeable. His key strengths from an international perspective are his ability to work as part of a team and his excellent tactical acumen. His advice is clear, concise, and commercially-minded.”
Legal 500, 2022
“His attention to detail is very good and he always thinks through to the end game. He is thoroughly easy to deal with, very approachable and very good with clients.”
Chambers & Partners, 2022
“Richard’s technical expertise is first rate, but his true strength is his ability to communicate complex technical legal issues in a manner which is readily understandable by the lay clients.”
Legal 500, 2021
“Very hardworking and will dedicate himself to a case. He is always available to provide a guiding hand and his advice is invaluable.” “His quiet confidence belies a sharp, keen mind and a steady, measured determination and focus that make him an incredibly reassuring and competent advocate to work with.” “He is tactically astute, responds quickly and has excellent drafting skills.”
Legal 500, 2021
