General Information
Jesus College, Oxford:  BA in Modern Languages (French and German), First Class (2002).
College of Law, London: Graduate Diploma in Law (Distinction) (2004); Bar Vocational Court (Very Competent) (2005)

Institute of Chartered Shipbrokers: Advanced Diploma (2009), with a specialism in dry cargo chartering.

Other information
Richard is an Associate of the Royal Institution of Naval Architects.
He is a guest lecturer at METL, a provider of maritime education for those preparing for the Institute of Chartered Shipbrokers’ examinations, where he has additionally attended weekly evening classes in Dry Cargo Chartering, Tanker Chartering (2008 – 2009) and Ship Operations and Management (2009 – 2010).
In November 2009, Richard participated in a four day course at the headquarters of Smit Salvage in Rotterdam entitled “Managing Maritime Emergencies”.

Practice

Selected Cases
Shipping and Transport

• The MSC Napoli   Between January and May 2010 Richard was seconded to the solicitors representing the owners of The MSC Napoli, 
  
• Lloyd’s Open Form Salvage Arbitration 2008 – 2009.  Richard acted for contractors in a high profile dispute concerning the salvage services rendered to a semi-submersible oil rig in 2005.  This case, in which Richard worked closely with experts, involved matters of naval architecture, sub-sea infrastructure, marine environmental surveying, and valuation methodologies.  It settled in 2009 following a three week hearing examining the danger of loss, and shortly in advance of a further two week hearing concerning, amongst other things, its true value at the time of the termination of services.
  
• SK Shipping (S) Pte Ltd v. Petroexport Ltd (2009) 784 LMLN 4.  Richard acted as junior counsel for charterers in this widely publicized charterparty dispute in which Flaux, J. propounded (obiter, in charterers’ favour) a test for anticipatory breach which involves scrutinizing not only the reasonable interpretation of words and conduct said to evince an intention no longer to be bound (i.e. the conventional, objective test), but also the actual interpretation of the person by whom the words and conduct were understood (i.e. a novel, subjective test).
  
• Classic Maritime Inc v. Lion Diversified Holdings Berhad & Anor [2010] 1 Lloyd’s Rep 59.  Richard acted as junior counsel for owners in a summary judgment application against charterers for breach of a long term contract of affreightment, the obligations under which had been guaranteed by charterers’ parent company.  Cooke, J. held (in owners’ favour) that the guarantee of charterers’ obligations was supported by good consideration, notwithstanding that its signature postdated the C.O.A..  The case also considered the appropriate circumstances for a case management stay; frustration and force majeure; and the question whether The Achilleas had set out a new test for the recoverability of damages.
  
• An arbitration claim for a worldwide freezing injunction (Teare, J., 15.7.2010)  Richard acted as junior counsel for charterers in defence of a claim brought by owners for a worldwide freezing injunction arising out of the alleged breach of a number of long term contracts of affreightment.  The case concerned, amongst other things, the question whether steps taken by charterers in order to avoid Rule B attachments evidenced an appropriately grave risk of dissipation to justify the continuation of a freezing injunction.
  
• Arbitration claims for “Vasso” orders  Richard acted as junior counsel for owners in successfully defending a claim for an order granting permission for a surveyor to inspect a vessel (Andrew Smith, J. 24.4.2009).  He successfully obtained another for charterers, on his own and at a day’s notice (Gross, J. 11.11.2009).
  
• L.M.A.A. arbitrations  Richard has settled submissions in a large number of L.M.A.A. arbitrations, including:-
  o A series of very large claims for breach of long term contracts of affreightment in which defences were raised of frustration of the purpose of the contract, on grounds of the extreme devaluation in the price of iron ore.
  o A claim for demurrage giving rise to the issue whether a “weather working day” exception could apply in circumstances where a vessel had been ordered off berth by port authorities because of a threat of heavy swell, yet cargo operations appeared otherwise possible.

Insurance and Reinsurance

• Cases in which Richard has been involved in this area include:
  Lloyd’s Syndicate 980 v Sinco SA [2009] 1 Lloyd’s Rep I.R. 365.  Richard acted as junior counsel for Lloyd’s underwriters in a claim against a foreign coverholder for allegedly fraudulent accounting in the writing of motor insurance under a series of binding authorities.  The defence was struck out.
  
• Richard acted as junior counsel for the reinsured in a substantial claim in the Commercial Court involving the reinsurance of a number of open covers to which contracts for the construction of power stations had been declared.  The case, which settled shortly before trial, concerned the issue of true period of Construction All Risks policies and the question whether the reinsured had caused its own loss by apparently agreeing to extensions of the period of cover, after the damage had occurred.
  
• Richard acted as junior counsel in an arbitration (settling shortly before the hearing) concerning the question whether “pure non-marine business”, in particular line slips giving rise to asbestosis claims, may be ceded to so-called “Aviation Reinsurance Treaties” written in the London market in the 1960s.
  
  

Professional Negligence

• Richard’s practice in this area has principally involved claims against insurance and reinsurance brokers and against solicitors.
  
• Richard acted for brokers facing a claim for the negligent placing of marine insurance following insurers’ declinature of cover in respect of the total loss of a fishing vessel.  Insurers claimed that a “lease agreement” to the captain of the trawler constituted a “bareboat charter” for the purposes of a warranty against the transfer of management.  The case, which was proceeding in Bristol Mecantile Court, settled before trial.
  
• Richard advised solicitors upon the true quantum of a claim for professional negligence after they overlooked the limitation period applicable to a claim in salvage.  Their former client, the master of a tug, wanted to claim rights in salvage after assisting a casualty caught athwart of Tower Bridge, the River Thames, on a flood tide.

General Commercial Litigation
Richard has additionally been involved in a wide range of general commercial work, including:-

• Grecoair Inc v John Tilling & Ors 2009 WL 1062979.  Richard acted as junior counsel for London insurers in a claim for a non-party costs order against a director and share holder of a company whose claim for an indemnity had been dismissed.  The case puts beyond doubt the availability of disclosure and oral evidence in such proceedings.
  
• Advising an international wedding dress designer  after the organisers of a wedding show advised that her ‘collection is [not] in keeping with the positioning of the event’ and unilaterally cancelled her booking for a stand.
  
• Advising a sports marketing agent after  a national sporting federation chose not to renew its marketing agreement, yet continued to obtain sponsorship monies which it had arranged.
  

Other
In his first year of practice, Richard developed a considerable County Court practice.  During that time he:-

• Successfully pursued a claim on behalf of a contract manager against his sub-contractors, proving that their outfittings (for use in an upmarket Arabian perfume store) were not built to measurement -- but without being able to rely upon any actual measurements.
• Acted for an East End firm in a summary judgment application, contending that mortal threats said to amount to a defence of actual duress were too inconsistent to be credible.  The judge made a conditional order.
• Successfully defended a building firm against a claim for the negligent laying of a concrete floor, proving that the homeowner had in fact laid the concrete floor himself. This case, which was heard at Central London County Court over three days, involved the cross-examination of four witnesses (some via translators), all of whom alleged otherwise.

Lectures 
 
Richard is a guest lecturer at METL, a provider of evening courses in preparation for the Institute of Chartered Shipbrokers' professional qualifying examinations.  He is currently also attending lectures in ship operations and management.

Languages
 
French and German -- fluent