Richard Coleman
Call date
1994
Practice Areas
Richard has a broad civil practice. In 2007 he was appointed to the Attorney General’s A Panel of barristers who conduct important and complex cases on behalf of Government departments. He provides expert advice and advocacy in the following fields of work:
- the main branches of commercial law (including banking and financial services, professional negligence, insurance and reinsurance and arbitration)
- the regulation of financial services and related areas of public law
- professional discipline
- employment
- tax
He has appeared in some recent leading cases concerning the regulation of financial services, including the Bank Charges litigation, the British Bankers Association’s challenge to the FSA’s decision to introduce rules and guidance for the handling of complaints about the sale of payment protection insurance, and Yukos’s judicial review of the FSA’s decision to permit the securities of Rosneft to be listed on the London Stock Exchange. He is recommended in the directories for banking and professional negligence, and co-authored the chapter on documentary credits in The Law of Bank Payments (4th ed 2010, edited by Brindle and Cox).
Richard’s experience as a trial advocate, without a leader, is a distinguishing feature of his practice. He has conducted a large number of substantial trials (in some cases leading a junior), including a seven week trial for the Solicitors Regulation Authority, a four week trial for the Office of Fair Trading, a two week trial for a stock broker, a two week trial for the Financial Services Authority, and several lengthy hearings for central government departments.
He is also a member of the New York bar.
Examples of Richard’s work in his main practice areas are given below.
COMMERCIAL LAW
Banking and financial services
- British Bankers Association v The Financial Services Authority [2011] EWHC 999 (Admin) : for the Financial Services Authority in the British Bankers Association’s claim for judicial review of rules and guidance for handling complaints about the sale of payment protection insurance (with Michael Brindle QC, Monica Carss-Frisk QC and James McClelland).
- Office of Fair Trading v. Abbey National plc [2010] 1 AC (Supreme Court) – the Bank Charges litigation: for the Office of Fair Trading in litigation with the main clearing banks (and a building society) concerning whether unauthorised overdraft charges could be assessed for fairness under the Unfair Terms in Consumer Contracts Terms Regulations 1999 (with Jonathan Crow QC, Jemima Stratford and Sarah Love).
- Nor Lines v. State Bank of India (2010): for the State Bank of India in Commercial Court proceedings concerning the bank’s liability under a demand guarantee.
- Financial Services Authority v. Fox Hayes [2009] Bus. L.R. D109 (Court of Appeal): for The Financial Services Authority in the first appeal from the Financial Services and Markets Tribunal to the Court of Appeal (with Timothy Dutton QC).
- Atlantic Law LLP and Greystoke v The Financial Services Authority (Financial Services and Markets Tribunal 2010): for the Financial Services Authority in a challenge by Atlantic Law LLP and Mr Greystoke against various sanctions imposed by the Financial Services Authority in relation to breaches of the FSA’s Principles and Conduct of Business Rules (with Timothy Dutton QC).
- Log Book Loans Limited/Nine Regions Limited v Office of Fair Trading (ongoing): for the OFT in appeals against its decision to revoke the consumer credit licence of a lender who advances money against the security of a bill of sale over the borrower’s vehicle.
- Sloane & Others v. Bank of Scotland (2008-2011): for individuals in a dispute concerning the beneficial ownership of money in the account of the bank’s customer.
- Petrol Express Limited v. Royal Bank of Scotland plc and others (2005): for RBS in a dispute involving allegations of breach of confidence arising out of the acquisition of a chain of petrol stations.
- Robinson v Kleinwort Benson: for the claimant in a dispute over Kleinwort Benson’s valuation of shares.
- Omar v Morgan Guaranty Trust Company: for Morgan Trust Company in a dispute concerning the banker’s mandate.
Professional negligence
Richard has experience of most types of professional negligence action. Investment management disputes are a speciality. His recent work includes:
- Acting for offshore funds in a substantial investment management dispute (ongoing).
- Reachbyte v. Brewin Dolphin (2005-2007): For Brewin Dolphin in a £20million dispute over the management of an investment portfolio (led by Andrew Simmonds QC).
- Myerson v. Brewin Dolphin (2004-2006): For Brewin Dolphin in a dispute with a client over the management of an investment portfolio.
Chancery commercial/fraud
Richard has acted in some major disputes involving allegations of legal and equitable fraud, including between shareholders, for example:
- For the defendants in claims brought in the Chancery division by shareholders alleging that the sale of their shares had been procured by fraudulent misrepresentation and conspiracy to injure (led by Michael Brindle QC, 2008-2010).
- Halley v. The Law Society [2003] EWCA Civ 97, [2003] WTLR: for The Law Society in its defence of a claim to recover the proceeds of a fraudulent transaction sitting in a solicitor’s client account (led by Timothy Dutton QC).
- The Thyssen litigation (Bermuda, 2000-2001): for the trustee in proceedings in which the settlor sought to have a family trust set aside on the grounds that it had been procured by abuse of confidence (led by Trevor Philipson QC).
Insurance and reinsurance
Richard has considerable experience in insurance disputes of all kinds. He has advised on complex coverage issues, e.g. in relation to split capital trusts. In 2007-2009, he acted for Willis in a major dispute in the Commercial Court arising out of the PA LMX spiral. He has also acted for Zurich in arbitral proceedings involving a dispute as to the professional indemnity cover of a firm of solicitors.
Arbitration
Richard is very familiar with the main arbitral regimes. He has acted in arbitrations concerning, for example:
- A dispute under a contract of sale concerning the purchaser’s obligation to open a letter of credit
- A dispute between a nation state and an international oil company concerning an oil exploration contract
- A dispute between an insurer and a law firm concerning the firm’s professional indemnity cover
Jurisdiction and procedure
Richard has experience of all kinds of jurisdictional and procedural disputes (including interim injunctive relief), for example:
- for Cape plc in Lubbe & Ors. v Cape plc [2000] 1 WLR 1545 (House of Lords), a leading case on forum non conveniens (with Brian Doctor QC and Charles Gibson).
- for International Hospital Group in Kuenyehia & Ors v. International Hospital Group [2006] EWCA Civ 21, a leading case on the service of a claim form.
Other general commercial work
In additional to the specialist work mentioned above, Richard is able to handle any general commercial dispute, for example disputes involving:
- The sale of goods
- The sale of a business/share purchase agreements
- Agency and partnership disputes
- The design and development of business software
REGULATION, PROFESSIONAL DISCIPLINE AND PUBLIC LAW
Richard has acted in some of the leading cases in recent years concerning the regulation of financial services and professionals. He has wide experience of related areas of public law, including judicial review.
The regulation of financial services
- British Bankers Association v The Financial Services Authority: see under “Banking and financial services” above.
- Office of Fair Trading v. Abbey National plc [2010] 1 AC (Supreme Court) – the Bank Charges litigation: see under “Banking and financial services” above.
- Financial Services Authority v. Fox Hayes [2009] Bus. L.R. D109 (Court of Appeal): see under “Banking and financial services” above.
- Log Book Loans v. Office of Fair Trading: see under “Banking and financial services” above.
- Atlantic Law LLP and Greystoke v The Financial Services Authority (Financial Services and Markets Tribunal 2010): see under “Banking and financial services” above.
- Richard has advised the Bank of England, the Financial Services Authority and the Office of Fair Trading on various regulatory issues.
The regulation of lawyers
- For the Solicitors Regulation Authority in the disciplinary proceedings against former partners of Rowe Cohen in respect of the firm’s work under the TAG scheme (leading Chloe Carpenter). The decision in respect of one partner was appealed to the Administrative Court: Solicitors Regulation Authority v Dennison [2011] EWHC 291 (Admin)
- Mulla v. Solicitors Regulation Authority [2010] EWHC 3077 (Admin): a judicial review of the Solicitors Regulation Authority’s decision to refuse to issue a certificate of enrolment.
- For the SRA in an appeal against the penalty imposed by the Solicitors Disciplinary Tribunal against two former partners of Fox Hayes.
- For a Queen’s Counsel facing allegations of professional misconduct (led by Timothy Dutton QC).
- For the Solicitors Regulation Authority in a number of proceedings in the Solicitors Disciplinary Tribunal arising from solicitors’ involvement in dubious investment transactions, e.g. The Law Society v. Simms ([2005] ALL ER (D) 201 (Mar), The Law Society v. Halley (2006) and The Law Society v. Barnett (2006).
- Richard also has considerable experience of contested interventions by the SRA under the Solicitors Act 1974.
Judicial review
- British Bankers Association v The Financial Services Authority: see under “Banking and financial services” above.
- R (on the application of Kaupthing Bank HF) v. HM Treasury [2009] EWHC 2542 (Admin): for HM Treasury in a claim by an Icelandic bank for judicial review of the Treasury’s order transferring the bank’s deposits (led by Jonathan Crow QC).
- Yukos v. Financial Services Authority and the London Stock Exchange (2006): for the Financial Services Authority in a claim brought by Yukos, the Russian Oil company, against the decision to permit Rosneft’s securities to be listed on the London Stock Exchange (with Michael Brindle QC).
- for HM Revenue & Customs in proceedings brought by a taxpayer for judicial review of a decision concerning the taxpayer’s liability to pay capital gains tax.
EMPLOYMENT
Richard has acted in many statutory and contractual claims, including in over 30 Employment Tribunal proceedings on behalf of Government Departments. Some representative examples of his employment experience are as follows:
- Cartner v Ministry of Defence – for the MOD in its appeal against findings of sex discrimination (to be heard by the Court of Appeal in October 2011)
- for HM Prison Service in a claim for sex discrimination and harassment (two week hearing in the Employment Tribunal)
- for the Ministry of Defence in a claim for sex discrimination (five day hearing in the Employment Tribunal followed by an appeal in the EAT, Kenney v. Ministry of Defence UKEAT/0614/07).
- for the HM Prison Service in a claim under the Disability Discrimination Act 1996 (seven day hearing in the Employment Tribunal)
- for an investment bank in a claim for sex and race discrimination
- for a Government Department facing multiple redundancy claims
- for a chief executive of a public company in a wrongful dismissal claim
- for a senior employee of a private equity placement agent in a substantial wrongful dismissal claim for unpaid bonus and other contractual entitlements
- for a public company in a dispute concerning an employee’s entitlement to shares
TAX
HM Revenue & Customs has instructed Richard in a number of significant revenue matters in the High Court and in the specialist tribunals concerning issues such as:
- mutualtrading and discovery (see HMRC v Lansdowne Partners Limited [2010] All ER (D) 183)
- corporation tax relief and thesurrender of losses by foreign subsidiaries and the repercussions of the decision of the ECJ in the Marks & Spencer case
- film finance taxavoidance schemes
- chargeablegains
- capitalallowances
- non-trading loan relationships
OTHER EXPERIENCE
- Richard worked for a year at Hughes Hubbard & Reed, a U.S law firm, in Washington D.C. (1991-1992), and in the project finance and arbitration department of Gide Loyrette Nouel in Paris for three months in 1998.
- He 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.
- He is a case assessor for the Bar Pro Bono Unit.
- He advised at the Legal Advice Centre in Bethnal Green from 1996 to 2003.
EDUCATION
- LLM, Yale Law School (1990-1991)
- MA (Cantab) (Double First Class Honours) (1987-1990) – coming first equal, first and fourth respectively in the University in part 1A, part IB and part II, and gaining the top marks in Commercial law, Administrative Law, Constitutional Law, Roman Law I and Roman Law II
- Girdlers’ Scholarship (1986) (awarded each year to one New Zealander to study for an undergraduate degree at Cambridge University)
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