Richard Coleman
Call Date
1994
Practice Areas
Richard Coleman has a wide-ranging practice covering all areas of commercial law (including in particular banking, insurance and re-insurance), professional negligence, employment, solicitors’ regulation and public law.
Recommendations (Practitioners' Guides)
Recommended in the professional negligence section of the Legal 500
Education
MA (Cantab) (Double First Class Honours) (1st equal in the year in part 1A of the Tripos; 1st in the year in part IB; and 4th in the year in part II) (1987-1990)
LLM, Yale Law School (1990-1991)
Prizes & Scholarships
Won the Girdlers’ Scholarship to study at Cambridge University (an undergraduate scholarship awarded to one New Zealander each year).
Awarded the college prize for the outstanding academic performance, in any subject, at Corpus Christi College, Cambridge, over the course of the degree. Won university prizes for coming first in the first year (part IA of the tripos), first in the second year (part IB of the tripos), first in Commercial Law (sponsored by Norton Rose), first in Constitutional Law, first in Roman Law I and first Roman Law II. Also came first in Administrative Law.
Appointments
2007 - : Attorney General’s A Panel of Junior Counsel to the Crown
2004 - 2007: Attorney General's B Panel of Junior Counsel to the Crown
1999 - 2004: Attorney General's C Panel of Junior Counsel to the Crown.
Other Qualifications
Member of the New York state bar (admitted 1995)
Professional Experience
Richard regularly advises and appears as an advocate in cases falling within the practice areas identified above. The diversity of his practice and experience enables him to approach his cases from a wide perspective. His work on the Attorney General’s panels of counsel for the Crown has given him extensive experience acting as an advocate without a leader. He has conducted several complex cases in the High Court and in the Employment Tribunal, and has plenty of experience of handling both factual and expert witnesses. Some examples of the work that he has done are given below.
Administrative & Public Law:
Did a lot of advisory work for the Ministry of Agriculture, Fisheries and Food (prior to its abolition) and its executive agencies, much of which involved its public powers. Recently appeared with Michael Brindle QC for the Financial Services Authority in the judicial review proceedings brought by Yukos in respect of the proposed listing of Rosneft (Yukos v. Financial Services Authority and the London Stock Exchange), and is also acting for the Law Society in a claim for judicial review of case management decisions of the Solicitors Disciplinary Tribunal: Barnett v. The Law Society.
Arbitration:
Has been involved in arbitrations under the main arbitral regimes. Recent arbitral experience includes Recent arbitral experience covers areas such as letters of credit, seismic data contracts and insurance coverage.
Aviation:
Recently acted for LTE, a Spanish airline, in a dispute with Virgin airlines under two aircraft leases. Acted for India Airlines on a summary judgment application for liquidated damages under an aircraft lease (India Airlines Limited v. GIA, Commercial Court, Tomlinson J, 1 November 2002).
Banking & Finance:
Joint author of the chapter on documentary credits in The Law of Bank Payments (3rd ed. 2004, edited by Brindle and Cox). Currently acting for the Office of Fair Trading in the bank overdraft charges litigation. Recently acted, with leading counsel, for Royal Bank of Scotland in proceedings that arose out of the acquisition of the Jet petrol business, and for a high street bank in the investigation by the Office of Fair Trading into credit card charges. Acted, with leading counsel, for the claimant in Robinson v. Kleinwort Benson (2000), which concerned a disputed valuation of shares by an investment bank. Acted, with leading counsel, for the Morgan Guaranty Trust Company in proceedings involving allegations of knowing assistance and breach of mandate (Omar v. Morgan Guaranty Trust Company (1999)). Also has substantial experience of retail banking litigation.
Chancery:
Has considerable experience of commercial chancery work, such as: acting for Royal Bank of Scotland in a claim concerning allegations of breach of confidence; acting for Brewin Dolphin, stock brokers, in litigation involving allegations of knowing assistance; and acting for the trustees in the Thyssen litigation in Bermuda.
Civil Fraud:
Has been instructed in cases involving allegations of fraud in a variety of contexts. Acted, with leading counsel, for the trustees in the Thyssen litigation in Bermuda, in which abuse of confidence was alleged. Acted, with leading counsel, for the Law Society at trial and in the Court of Appeal in relation to a broker’s claim against the Law Society in respect of the proceeds of an advance fee/bank instrument fraud: Halley v. The Law Society [2003] EWCA 97, Court of Appeal, 13th February 2003; Lloyd J., 1st February 2002). Has considerable experience of litigation arising out of the exercise by the Law Society of its power under the Solicitors Act 1974 to intervene where it has reason to suspect dishonesty on the part of a solicitor in connection with his practice. Instructed, with leading counsel, by Brewin Dolphin in the defence of a claim brought by a former client who makes allegations of deceit and knowing assistance (Reachbyte v. Brewin Dolphin).
Commercial Litigation:
Commercial litigation, both specialist and general, makes up a substantial part of his practice. For further information, see the individual work categories.
Conflicts of Law and Private International Law:
Acted as junior counsel for Cape plc in Lubbe & Ors. v Cape plc [2000] 1 WLR 1545 (House of Lords) and [2000] 1 Lloyd’s Rep. 139 (Court of Appeal and Buckley J), a leading case on forum non conveniens. Often acts in cases that raise issues of forum and choice of law, and in claims to enforce foreign judgments.
Competition Law:
Acted for a high street bank in the investigation by the Office of Fair Trading into credit card charges.
Employment:
Has acted in many claims for unfair dismissal and unlawful discrimination. Recently acted for Commerzbank in a claim brought by a former employee (with leading counsel), and has been instructed by various Government Departments on many occasions (e.g. acting for HM Prison Service in a two week trial of a claim brought under the Disability Discrimination Act by a contract worker with a borderline personality disorder).
Has also been involved in claims for wrongful dismissal in the High Court and in applications for injunctive relief.
Financial Services:
Has considerable experience of regulatory and private litigation involving financial services. Has acted in several cases concerning stockbrokers (see under “Professional Negligence” below). Represented in the Financial Services Authority in the judicial review proceedings brought by Yukos in respect of the proposed listing of Rosneft: Yukos v. Financial Services Authority and the London Stock Exchange and in disciplinary proceedings against Fox Hayes for alleged breaches of the regulations relating to financial promotions.
Insurance & Reinsurance:
Has advised insurers and insureds in relation to the full range of policy issues. Currently acting in substantial litigation in the commercial court concerning the PA LMX market.
Media & Entertainment:
Has been involved in various pieces of litigation in the media and entertainment fields, including Redstorm v. Take 2 (2002) (a dispute between a computer games publisher and a distributor over games royalties) and Radioactive Records v. Mushroom Records (2001) (a recording rights dispute concerning an album called Version 2.0 by Garbage).
Procedure:
Acted for the appellant in an appeal in the Court of Appeal concerning the service of claim forms and the court’s discretion to dispense with service under CPR 6.9: Kuenyehia & Ors v. International Hospital Group [2006] EWCA Civ 21.
Product Liability:
Acted for Cape plc, with leading counsel, in the group litigation brought by several thousand former employees of Cape’s subsidiaries’ mines and mills in South Africa, and by people living in the vicinity. Gained experience of the case management of group actions.
Professional Discipline:
Regularly instructed by the Law Society in disciplinary proceedings against solicitors and in proceedings brought by solicitors to challenge interventions. Appeared, with leading counsel, in the disciplinary proceedings brought against Paul Simms in the Solicitors Disciplinary Tribunal and on appeal in the Administrative Court ([2005] ALL ER (D) 201 (Mar) (solicitors’ duties and privilege) and [2005] ALL ER (D) 239 (May) (costs/payment on account)). Recently appeared for the Law Society in Adams v. The Law Society. Prosecuted disciplinary proceedings for the Financial Services Authority against Fox Hayes in connection with financial promotions.
Professional Negligence:
Has worked in most areas of professional negligence, but has particular experience of claims against investment managers and stockbrokers. These cases have raised issues of professional negligence, breach of contract, breach of statutory duty, breach of equitable duties, agency and deceit. Acting, with leading counsel, for Brewin Dolphin in Reachbyte v. Brewin Dolphin. Recently acted for Brewin Dolphin in Myerson v. Brewin Dolphin (a three week trial in the High Court in 2006). As regards solicitors’ negligence, he has the advantage of having a detailed knowledge of the regulatory regime (see above, under “Professional Discipline”). Acted, with leading counsel, for the trustees in the Thyssen litigation in Bermuda, in which allegations of negligence were made.
Sport:
His knowledge and experience of Public law and Employment, and his experience of tribunals in other fields (solicitors and employment) equip him well for work in this field. Acted for Frank Warren in his defence of a claim brought in the High Court by a boxing promoter in which allegations of wrongful interference with contractual rights were made (Dalton v. Warren, February 2002).
Telecommunications:
Acted in a dispute concerning the design and development of software (EGN v. Cap Gemini (2002)).
Publications
Co-author of the chapter on documentary credits in The Law of Banks Payments (3rd ed. 2004, edited by Brindle & Cox).
Other Experience
Has taught on the South Eastern Circuit’s Advanced International Advocacy course, which he also helps to organise, since 2002, and in his Inn since 2005.
Advised at the Legal Advice Centre in Bethnal Green from 1996 to 2003.
In 1998 spent three months working in the project finance and arbitration department of Gide Loyrette Nouel in Paris on a Pegasus Scholarship.
Prior coming to the Bar, spent a year working in Washington D.C. at Hughes Hubbard & Reed, a U.S law firm.