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Richard specialises in consumer, trading standards and regulatory law.  He represents companies, local authorities and private individuals in both criminal prosecutions and civil matters. He is experienced in related areas including licensing, data protection, and intellectual property. He also practises in various areas of commercial litigation, and undertakes professional disciplinary and employment work.

Richard has a wide range of experience in consumer and regulatory work. His recent practice has included advising on the fairness of budget airlines’ standard terms, the enforceability of insurance cancellation charges, and the assignment of intellectual property between public bodies. He has done trial and advisory work in relation to financial regulation and consumer credit. Richard also has knowledge of local authority procurement. He is gaining experience in various areas of intellectual property, including passing-off, trademarks and design rights, and has appeared in the Intellectual Property Enterprise Court. He regularly advises local authorities and other public bodies and has also provided advice to industry ombudsmen and the Trading Standards Institute. Richard has particular experience of the law relating to auctions, having acted in several cases involving this area, and is co-author of the chapter on Auctioneers, Estate Agents and Valuers in the Encyclopaedia of Forms and Precedents (LexisNexis).

Notable Cases

  • Pricewatch Ltd v Andrew Gausden: instructed by a local authority in an appeal against improvement notices served under the Health and Safety at Work Act 1974;
  • Advising a financial services provider in relation to the powers of the Financial Conduct Authority under Part 4A of FSMA 2000;
  • Raft Limited v Freestyle of Newhaven & others IP-2015-000030 – representing the Defendants in a claim involving allegations design right infringement;
  • Cheshire East Council v Aldi Stores Limited: instructed with Jonathan Kirk QC in relation to a food labelling prosecution;
  • Advising a local authority in relation to procurement under the Public Contracts Regulations 2015;
  • Advising the Trading Standards Institute on UK public bodies’ interaction with the tobacco industry;
  • Jones v Link Financial Ltd [2013] 1 All ER (Comm) 572; [2012] EWHC 2402 (QB) – Whether assignees are entitled to sue for debts as ‘creditors’ under the Consumer Credit Act 1974, s 189

Richard has experience of a broad range of commercial and civil work, including contractual disputes, economic torts including unlawful means conspiracy, fraud, insolvency and bankruptcy. He has acted in mediations and arbitrations. He also has experience of group litigation, acting on behalf of the Claimants in ongoing proceedings in the High Court relating to trade union blacklisting. He has been instructed in various injunction applications in the High Court, including in cases relating to alleged copyright infringement, inducing breach of contract, and breach of covenants in contracts of employment.

Notable Cases

  • Siddiqui v NHS Commissioning Board [2018] EWHC 1257 (QB): an application to strike out an action brought by a dentist against the NHS under the rule in Henderson v Henderson (1843) 3 Hare 100 and applying the rule in Aldi Stores Ltd v WSP Group PLC [2008] 1 WLR 748 as there was a pre-existing action brought by the NHS against the dentist, which is due to be tried in December 2018 in the Queen’s Bench Division. Led by Julian Gun Cuninghame against a silk and junior team from 30 Park Place, Cardiff;
  • Business Energy Solutions Ltd & Anr. -v- Scrivener & Anr.: High Court claim in the tort of unlawful means conspiracy;
  • Steven Acheson & others -v- Sir Robert McAlpine Limited & others: instructed as junior counsel on behalf of 150 claimants in a High Court claim related to trade union blacklisting, which involved aspects of employment and privacy law and alleged breach of the Data Protection Act 1998 (one of the top 20 cases of 2016 in The Lawyer magazine);
  • National Crime Agency v Al-Massari [2015] HQ15X02988: acting for the Defendant in relation to freezing order and tax recovery proceedings

Richard undertakes professional disciplinary work and has regularly appeared on behalf of both employers and employees in Tribunal proceedings. He is particularly familiar with the education and social work sectors. He has experience of a wide range of employment law, including discrimination, whistleblowing, TUPE transfers and redundancy situations. He is regularly instructed by local authorities and by trade union clients.

Notable Cases

  • Instructed by a trade union to advise on agency workers’ rights under the Conduct of Employment Agencies Regulations 2003;
  • V -v- Hertfordshire County Council and Another (2015) UKEAT/0427/14, [2015] All ER (D) 260 (Apr) – Decision by Langstaff J in the Employment Appeal Tribunal on the correct approach to Polkey reduction;
  • Advising a county council on the pension entitlement of fire fighters in relation to a long-running industrial dispute;
  • Defending a complex discrimination claim against a local authority brought by six claimants who had been working in local schools;
  • Acting for the claimant in an unfair dismissal claim in the East London Employment Tribunal where the Tribunal imposed one of the first financial penalties under the new section 12A of the Employment Tribunals Act 1996

Richard has experience of various aspects of travel law, including claims involving the Package Travel Regulations, flight delays and cancellations, and timeshares (in particular claims under the CCA 1974).

One of the authors of the chapter on product liability in ‘Consumer and Trading Standards: Law and Practice‘ (‘the Pink Book’), Lexis Nexis (2017)

Co-author of the chapter on Auctioneers, Estate Agents and Valuers in the Encyclopaedia of Forms and Precedents (LexisNexis).

Fraud Lawyers’ Association
Employment Lawyers’ Association

Richard is authorised to accept Direct Access instructions.

Who I am

I am a barrister that provides legal services. You can contact me at richard.roberts@goughsq.co.uk , on 0207 353 0924 or at Gough Square Chambers, 6-7 Gough Square, London EC4A 3DE.

How I use your information

As part of my role as a barrister I collect and process the personal data of my clients, and of third parties connected with the cases on which I work. This can include sensitive personal information and information about criminal convictions.  I do this so that I can act for my clients.

In some circumstances I may also use contact details for marketing purposes, although you can always opt out of this.

As a barrister I also process information to enable me to practice as a barrister. This can include the personal details of my clerks, other legal professionals, people with whom I do business, support staff, and members of the public.

Whom I disclose your information to

I will always keep my client’s information confidential, unless my client consents to its disclosure or I am required to disclose it by law. As part of my role as a barrister I may disclose information to my clients, solicitors, other legal professionals, my chambers, regulators or other legal bodies, third party suppliers (such as IT providers), legal advisors, and courts or adjudicators.

Your rights

You have the right of access to your information (a data subject access request), the right to correct inaccurate information, the right to erase information (to be forgotten), the right to object to or restrict my processing of your information and a right to information portability. Please see my Full Privacy Notice for information on how to exercise these rights.

You also have the right to withdraw any consent that you have given me to use your information (although if I have other grounds on which to use your information I may still do so).

More information

Please see my Full Privacy Notice for more information on how we use your information and your rights in respect of that use.

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