Richard Power
Call date
2007
Practice Areas
Banking and Finance
Commercial Litigation
Competition and European Law
Conflicts of Law and Jurisdiction
Insurance and Reinsurance
Professional Negligence
Sale of Goods and International Trade
Aviation
Employment
Summary of Practice
Banking & Finance:
Regularly instructed to advise and represent banks and lenders in relation to, inter alia, loan agreements, guarantees and mortgages in both the High Court and County Court
In December 2008, Richard undertook a month’s secondment in the Banking and Finance Litigation Department of Matthew Arnold and Baldwin
Recent matters include:
Instructed to assist David Railton QC and Andrew Fulton for Depfa Bank in a substantial claim in the Commercial Court against the municipalities of Narvik and Haugesund concerning certain swap transactions
Advising and successfully acting for a mortgage company in relation to a dispute with a broker
Successfully acting for a finance company in a one day multi-track trial regarding the enforceability of a hire-purchase agreement with a customer
Acting for a major bank in an appeal from the decision of a District Judge regarding the powers of a judge to suspend a possession order pursuant to s. 36 of the Administration of Justice Act 1970
Richard is a contributing author to the forthcoming 4th edition of Brindle & Cox on The Law of Bank Payments.
Insurance:
Instructed as sole counsel for a major firm of insurance brokers in defence of a claim brought against it in the Commercial Court for alleged breach of contract/ negligence in the broking of the Claimant’s professional indemnity insurance
Regularly instructed by a major insurance broker to review client’s collateral warranties in light of the client’s professional indemnity insurance
General Commercial Litigation:
Advised a major company on the construction of a long-term agreement with a contractor
Currently instructed by an individual in defence of a claim for £200,000 by a former business partner pursuant to a series of Heter Iskas
Competition and European Law:
Instructed (with Sir Francis Jacobs QC) to advise a national competition authority on a number of questions regarding the interpretation of Article 82
Instructed (with Sir Francis Jacobs QC) to advise a major trade association on the meaning and likely effect of a proposed amendment to an EC Directive
Conflicts of Law and Jurisdiction:
Successfully represented a major bank in an application for service to be set aside on the basis that the English courts did not have jurisdiction pursuant to Regulation 44/2001
Instructed to assist David Railton QC and Andrew Fulton for Depfa Bank in a substantial claim in the Commercial Court against the municipalities of Narvik and Haugesund concerning certain swap transactions. The case raised important choice of law issues
Professional Negligence:
Instructed, as sole counsel, for a firm of solicitors, in defence of a substantial claim brought against it by a mortgage lender for alleged breach of contract/ negligence
Instructed to advise an individual as to the merits of a substantial potential claim against a firm of solicitors
Aviation:
Regularly represents airlines in defence of claims relating to, inter alia, the application of the Montreal Convention and Regulation 261/2004
Instructed for a major airline in defence of a number of separate claims concerning the interpretation of the “extraordinary circumstances” exception within Regulation 261/2004
Employment:
Regularly instructed to appear in the Employment Tribunal for both respondents and claimants. Recent work includes:
Acted for a management consultant in a claim for unfair dismissal on grounds of redundancy in a three day hearing in the Employment Tribunal (awaiting judgment)
Appeared for the Claimant in a Pre-Hearing Review regarding whether the Tribunal had jurisdiction to hear the Claimant’s claim for unfair dismissal, the claim having been presented six months after the effective date of termination. Instructed to act in proposed appeal to the EAT
Successfully acted for an employer in a wrongful dismissal claim
Successfully represented an employer in an application to strike out a claim and for a costs award against the Claimant
Acting for a company in defence of a claim brought by a former employee alleging failure to comply with TUPE. Three day trial scheduled for November 2009
Acting for an educational institution in defence of a substantial claim for wrongful dismissal (Tribunal hearing scheduled for Summer 2009)
Other experience:
Recently instructed by the Treasury Solicitor as part of a team of counsel in the Nuclear Test Veterans Group Action
Education
BA Law, Christ Church, Oxford (First)
BCL, Christ Church, Oxford (Distinction)
BVC, Inns of Court School of Law (Outstanding, second in the year)
Prizes & Scholarships:
Scarman Prize for second highest overall results on the Bar Vocational Course (2007)
Crowther Shield for Advocacy, Lincoln’s Inn (2006)
Lord Mansfield Scholarship, Lincoln’s Inn (2006-2007)
Hardwicke Entrance Award, Lincoln’s Inn (2006-2007)
Gray’s Inn Tax Chambers Prize for the highest mark in BCL Personal Taxation (2006)
Arts and Humanities Research Council Award for postgraduate study (2005-2006)
Dixon Scholarship, Christ Church (2005-2006)
John Radcliffe Exhibition for the Best Overall Performance in F.H.S Jurisprudence at Christ Church (2004)
Lovells Scholarship in Law, Christ Church (2002-2004)
Winner of the Oxford University Law Society Mooting Competition 2006 (final judged by Lord Hoffmann)