Richard Price OBE QC


Richard Price OBE QC

Silk: 1996

Richard has over 35 years experience as an advocate and adviser in commercial litigation and business law.  He is an acknowledged expert in entertainment and media law, including intellectual property and defamation.  He also specialises in professional negligence work.

In his approach to litigation, he has been described in "The Lawyer" as "a tenacious character, a steamroller in his arguments, and very, very practical". 

Richard is also one of the country's few leading experts on election law, and is the Editor of Parker's Law and Conduct of Elections, and Consulting Editor of Halsbury's Laws of England, 2007 Re-Issue, on Elections and Referendums.

Richard has extensive expereince of work in professional regulation, having been the Chair and Vice-Chair of the Professional Conduct Committee of the Bar Council, and Chair of the Complaints Committee, and one of the original members of the Bar Standards Board, for many years.  He is a Legal Assessor to the Disciplinary Committee  of the Royal College of Veterinary Surgeons.

Richard aproaches every case with energy, enthusiasm and determination coupled with common sense and commercial reality.  He is renowned for his easy manner, and for his ability to work as part of a team.  His aim is to acheive the most cost-effective resolution of disputes, whether through litigation or alternative dispute resolution.

He is a CEDR accredited mediator.  he is now one of the most experienced and widely regarded commercial mediators at the Bar.  He brings 35 years of commercial expertise to the mediation process.  He is also able to bring to mediation his experience of trying civil disputes as a Recorder.  His approach to mediation is realistic and sensible, friendly yet firm.  He relates easily to clients and their needs.  His mediation services are provided through Littleton Dipsute Resolution, the mediation arm of Littleton Chambers.

Richard was born and brought up in Yorkshire, and has a house in the Peak District of Derbyshire. His practice is primarily based in London, but he is involved in litigation and mediation all over the country.  He is has an associate tenancy at Park Court Chambers in Leeds.  He is a bencher of the Honourable Society of Gray's Inn.  His interests are theatre, music, films, country walking and good food and wine.

PROFESSIONAL EXPERIENCE

COMMERCIAL LITIGATION, BUSINESS LAW, ENTERTAINMENT LAW AND MEDIA LAW

Richard has extensive experience of all types of general commercial litigation and business law. He is an acknowledged expert in entertainment and media law. He also specialises in intellectual property work (copyright, design right, passing off and trade marks, database right, and confidential information) in the entertainment industry and other commercial and employment areas.
He has particular experience of:

  •  commercial contract disputes
  •  construction of contracts and statutes
  •  film, video, music and broadcasting rights disputes
  •  broadcasting regulation
  •  entertainment industry intellectual property
  •  music industry manager/partner – artist disputes
  •  film financing disputes
  •  civil fraud
  •  duties of disclosure of banks to guarantors
  •  bank ATM litigation
  •  European commercial agency
  •  sale of goods
  •  conflict of laws and enforcement of judgments
  •  unincorporated associations

Recent cases include:

  • a £ multi-million commercial claim for commission allegedly due on the sale of tanks to the Government of Indonesia [Chan-U-Seek v Alvis Vehicles Ltd]
  • acting for Walt Disney in a film television rights dispute with a Spanish cable TV operator
  • an inquiry as to damages for infringement of copyright and breach of contract in relation to the international exploitation of a fitness video
  • Intelsec Systems Limited & ors v Grech-Cini & ors (1999) 4 All ER 1 [Intellectual property - interim remedies - copyright, confidential information, passing off]
  • Microsoft Corporation v Backslash Distribution Limited & ors (19/11/98 and 11/2/99) Chancery Division (Park J.) (Lawtel C9200028, and (1999) TLR 186 [Intellectual property - computer software - committal for contempt - costs]
  • Bookmakers' Afternoon Greyhound Services v Wilf Gilbert (Staffs) Ltd (1994) FSR 723 [Commercial contract/intellectual property - contract construction - agency, copyright, trusts of contractual promises, restitution]
  • McConville v. Barclays Bank and ors (ATM Litigation) (1993) 2 Bank LR 211  [Commercial - banker/customer contracts - ATM machines - phantom withdrawals]
  • City Index Ltd v Leslie (1992) QB 98 (CA) [Commercial - financial services - index betting]
  • multi-million dollar commercial court professional negligence claim against solicitors relating to a loan agreement involving investment in US Treasury Bonds
  • defending Halifax plc against multi-million pound claim by directors of borrowing companies for rescission of guarantees and substantial damages
  • defending a multi-million pound claim for damages for breaches of warranty and fraudulent misrepresentation arising out of company share sale agreement
  • advising major companies in the broadcasting industry (e.g. BBC/Flextech Television Ltd, SDN Ltd.) on construction of commercial contracts granting satellite and cable television rights and construction of the Broadcasting Acts
  • BBC v British Satellite Broadcasting Ltd (1991) Ch. 141 (Scott J)    [Commercial - Entertainment and media - copyright - “fair dealing” in broadcasts for reporting current events - construction of statute]

PROFESSIONAL NEGLIGENCE

Richard has extensive experience of professional negligence litigation in the context of commercial disputes.   He has particular experience of valuers' and surveyors' negligence (mainly work for major banks and building societies), solicitors' negligence arising out of commercial cases, clinical negligence (for claimants and defendant authorities), and accountants' negligence.
Recent cases include:

  • $6m. claim against solicitors for professional negligence arising out of loss of US Treasury Bonds
  • claim for professional negligence against solicitors arising out of the negligent handling of a partnership dispute 
  • defending a claim for professional negligence against solicitors arising out of an alleged defamation claim 
  • claim for professional negligence against solicitors, arising out of allegedly negligent conduct of litigation, which resulted in the re-possession of Claimant's family home - allegations of undue influence by husband in relation to execution of a charge over the property

CLINICAL NEGLIGENCE AND SERIOUS PERSONAL INJURY WORK

Recent cases include:

  • acting for claimant paralysed in a paragliding accident - claim settled
  • acting for claimant in fatal accident claim in the Bahamas arising out of alleged clinical negligence in treatment of burns injuries
  • Steward v Bonner (QBD, Northampton)
    acting for child who suffered severe head injury in cycling accident - brain damage - mute quadriplegia - severe problems on liability - case settled for £1 million
  • acting for child who suffered a head injury at school, resulting in brain damage - delay in brain surgery - causative effect of culpable period of delay - claim in excess of  £1million - claim settled
  • Saeed v Hussain (QBD)
    acting for passenger in RTA - serious brain injury - problems on causation and quantum - case settled for £1m. 
  • acting for child who suffered head injury at school - serious problems as to extent of brain damage and long term prognosis - claim settled
  • acting for claimant in clinical negligence claim against Health Authority - failing to administer necessary thiamine treatment to pregnant woman resulting in permanent brain damage (Wernicke’s encephalopathy) - claim settled for £1.4m.
  • acting for Health Authority - claim for alleged failure of health visitor to identify bleeding in baby, and against GP - delay in diagnosis of haemorrhagic disease of the newborn - vitamin K deficiency leading to brain damage - claim over £2 million - settled for modest payment with no admission of liability
  • acting for Health Authority on various cerebral palsy cases resulting from alleged negligence during childbirth - claims over £1m.
  • HIV Haemophilia Litigation (1989-90)
    acting for the Government Blood Products Laboratory in group litigation by haemophiliacs who contracted HIV /Aids from contaminated blood products - case involved analysis of all scientific and clinical research into HIV/Aids, and the international state of knowledge as to the existence, identification and diagnosis of HIV, and its transmission through blood products
  • acting in numerous fatal accident and personal injury claims arising out of the King's Cross fire disaster
  • acting for TML in various fatal accident cases arising out of the construction of the Channel Tunnel

ELECTION AND PUBLIC LAW

Richard is one of the few leading experts in the country on election law. He has acted as standing counsel to the Conservative Party on election law since 1986, but has also advised returning officers and their staff on election law problems. He has acted for the Corporation of London on election law matters, and has advised as to the reform of the City franchise. He has been involved in various judicial review cases involving returning officers, election law, and the Court of Aldermen of the City of London.

He has particular experience of:

  • election petitions
  • applications for relief under the Representation of the People Act 1983
  • construction of election law statutes and regulations
  • the conduct of elections
  • the regulation of election expenses
  • the role of the returning officer and his staff
  • the conduct of election campaigns
  • the regulation of party funding

Richard is the Editor of Parker's Law and Conduct of Elections, one of the leading text-books on election law, and is Consulting Editor of Halsbury's Laws of England, 2007 Re-Issue, on Elections and Referendums. He has given talks and seminars on election law to local authorities, returning officers and election administrators, and has taken part as an expert in election law on Radio 4's "Today" programme.

His work in this field has also enabled him to develop an expertise in the law of unincorporated associations, particularly as it applies to political parties, and constituency associations.

Recent cases include:
Knight v Nicholls & ors (2004) 1 WLR 1653 [postal voting]
Sanders v Chichester (1995) 3 Law Soc Gaz R 37
[the "Literal Democrat" European Election Petition]
Malone v Oaten (1997)
[the Winchester Parliamentary Election Petition]
R v  City of London Corporation, ex. p Matson (1997) 1 WLR 765
[judicial review - Court of Alderman - need to give reasons for decision]
Absalom v Gillett (1995) 1 WLR 128
Parker v Yeo (1992) 90 LGR 645
numerous local government election petitions

DEFAMATION

Richard's experience of defamation work has often included advising and representing political figures, both as claimants and defendants. He has particular experience in the following areas:

  • representing ministers, M.P.s, councillors, political candidates and officials in bringing and defending libel and slander actions
  • acting for the Director-General of Conservative Central Office in libel jury trial (Judge v The Guardian)
  • libels published during election campaigns
  • false statements as to candidates published during elections - offences under Section 106 of the Representation of the People Act 1983 - injunctions
  • defending solicitors in a professional negligence claim arising out of alleged libel action against television broadcaster
  • advising doctors at a leading London teaching hospital in relation to Internet libels and remedies under the Protection From Harassment Act
  • advising generally in defamation matters, including malicious falsehood

PROFESSIONAL REGULATION

Richard is the Chair of the Complaints Committee of the Bar Standards Board ("the BSB"), and one of the original members of the BSB, which was established in 2006 as the  independent regulator of the Bar.  From 2002, he was the Chair/Vice-Chair of the Professional Conduct and Complaints Committee of the Bar Council.  Richard is directly involved in handling complaints against barristers of professional misconduct and inadequate professional service, and has extensive experience of professional regulation.  He has sat on various disciplinary and fitness to practice panels involving barristers. 

He acts for solicitors facing compliance and disciplinary problems with the Solicitors Regulation Authority, and before the Solicitors Disciplinary Tribunal.  He acts for other professionals who face proceedings before their respective  disciplinary tribunals.  He is a Legal Assessor to the Disciplinary Committee of the Royal College of Veterinary Surgeons.

In addition Richard has regularly advised the Conservative Party in relation to complaints of breaches of the Conservative Party Constitution, and conducted inquiries into such breaches, or acted as legal adviser to investigating, disciplinary and appeal panels.

ALTERNATIVE DISPUTE RESOLUTION AND MEDIATION

Richard brings to mediation over 35 years' experience in litigating commercial, entertainment and media, professional negligence and other disputes. He offers a relaxed, realistic, sensible and informed approach to the mediation of commercial cases.  He is one of the most experienced barrister mediators recognised by the Bar Council.  He mediates throughout the country. 

He is a member of the Association of Northern Mediators. He is a Member of the Chartered Institute of Arbitrators.  He acts as a trainer mediator for the Bar Council ADR Sub-Committee. He has conducted seminars on mediation awareness training for solicitors and diplomats in London, Leeds, Newcastle, Birmingham, and Cambridge, and to foreign lawyers in Hungary and France.

As well as acting as a mediator, he has appeared as counsel at various mediations, and advised as to the suitability of disputes for mediation.

Recent mediation experience

Richard has recent experience of mediating disputes in the following areas:

Commercial
civil fraud claims
share sale agreements
commercial contracts, 
land fraud and corporate identity theft
diversion of assets
commercial contract disputes
factoring claims
commercial agents
employment contracts
guarantees
transport services disputes
various business law disputes
motor racing sponsorship disputes

Professional negligence
solicitors' negligence claims, including the negligent handling of commercial, clinical negligence, and libel litigation, and negligent commercial advice
accountants' negligence claims, including negligent valuation of companies
clinical negligence claims, including child blindness, MRSA infections, and negligent surgery and aftercare
insurance, including brokers' negligence in relation to fire insurance
valuers’ negligence

Intellectual property
copyright litigation
trade mark litigation

Construction and land
multi-party building contract disputes
tree roots subsidence / nuisance claims
negligence / breach of contract - contaminated land
Land Registry compensation claims

Defamation
libel, slander and malicious falsehood claims
defamation and trade mark claims

Employment
wrongful dismissal claims
unfair dismissal claims

General
race discrimination involving the police
wrongful arrest
false imprisonment
personal injury

Types of mediation and value of claims
These mediations have included multi-party mediations, with up to 6 parties,  acting as a joint mediator, when required.   The value of claims mediated has ranged from £332 to claims in excess of £100 million.

PROFESSIONAL APPOINTMENTS

Solicitors who have appointed Richard to act as a mediator include Herbert Smith, Travers Smith Braithwaite, Baker & McKenzie, Nicholson Graham & Jones, DLA, Hill Dickinson, CMS Cameron McKenna, Jones Day Denton Wilde Sapte, Fladgate Fielder, Manches LLP, Latham & Watkins, Treasury Solicitor, Clifford Chance, Lovells, Berrymans, Hill Dickinson, Hillyer McKeown, Mills & Reeve, Reynolds Porter Chamberlain, Beachcroft Wansbroughs, Kennedys, Barlow Lyde & Gilbert, Leigh Day, Weightmans, Bevan Brittan LLP, Pinsent Masons, Browne Jacobson, Squire & Co, Leeds City Council Legal Department, Bindman & Partners, the Official solicitor, Shoosmiths, and many others.

FEEDBACK

The following are examples of feedback from solicitors following mediations that Richard has conducted:
• "First class."
• "Excellent."
• "Very professional.  Handled what was a very difficult dispute with numerous parties very well."
• "I was impressed with Richard Price QC’s handling of the mediation, in particular the parties involved…The successful resolution was very much brought about by the mediator."
• "Excellent.  Extremely constructive in reaching a settlement."
• "I should like to express my appreciation for your considerable expertise and effective management skills employed during the mediation."
• "Very measured and assured.  Good tone and pitch"
• "Very efficient and professional.  Friendly though firm."
• "Richard Price QC was obviously well prepared, and had taken in the detail of the papers."
• "Very positive"
• "Good settlement achieved.  Good manner.  Pursued the right issues."
• "Very good.  Excellent style and very user-friendly."
• "Very good.  I did not have huge hopes of a settlement being achieved before we started, yet Mr. Price managed to get the parties to reach one."
• "Excellent.  I was very impressed with Richard Price Q.C."
• "Excellent; calm, assured and authoritative; a very pleasant manner"
 
EDUCATION AND PROFESSIONAL POSTS

QUALIFICATIONS AND AFFILIATIONS

LL.B. (Hons) - King’s College London (1969)
Called to the Bar - Gray’s Inn (1969)
Appointed Queen's Counsel - 1996
CEDR accredited mediator - 1997
Appointed Recorder (civil work) - 2004
Legal Assessor to the Disciplinary Committee of the Royal College of Veterinary Surgeons - 2007

Member of the South-Eastern Circuit, COMBAR, London Common Law and Commercial Bar Association, Professional Negligence Bar Association, Member of the Association of Northern Mediators, Member of the Chartered Institute of Arbitrators, Member of the LCIA

PROFESSIONAL POSTS

2006-2007 Chairman of the Complaints Committee of the Bar Standards Board ("the BSB" and Member of the BSB
2005-2006  Chairman of the Professional Conduct and Complaints Committee of the Bar Council ("the PCCC")
2002 -2004 Vice-Chairman of the PCCC
2002  Elected Master of the Bench of Gray's Inn
1998-2002 Member of the Bar Council
1999-2002 Member of the BarDirect Committee of the Bar Council
1998-2002 Chairman of the Gray’s Inn Barristers Committee
1998-2002 Member of the Gray’s Inn Management Committee