Richard Samuel

Profile

With a broad commercial practice, Richard is instructed in a range of areas including contract law, fiduciary duties, company law, negligence and employment law. Richard’s work has a strong international dimension stemming from his arbitrations, covering disputes from a range of jurisdictions. Underpinning his practice is a strong involvement with advocacy training. Richard is frequently invited to lecture on advocacy skills and to teach lawyers from jurisdictions worldwide.

Commercial litigation

Richard’s main dispute-resolution practice lies in international commercial trade, particularly:

  • Financial services
  • Biotechnology
  • Pharmaceuticals
  • Licensed betting sectors
  • Shipping
  • Shareholder / director disputes in owner-managed businesses

Cases include:

McTear & Williams v Engelhart & others. Dispute over whether a contra entry in a p&l ledger after the onset of insolvency was in breach of fiduciary and duty of care. [2014] EWHC 1056 (Ch)

Clipper Projectships Limited v UAB “BG Logistics”. Acting for Defendant Lithuanian shipping company defending action for damages by shipowner for loss of time charter of a ship for letting it be arrested in Korea. Concurrent proceedings in the commercial court and LMAA arbitration. £3m.

Re a Property. A litigation dispute over a shareholder’s agreement between Russian oligarch and co-investors. Unfair prejudice. £15m+.

Active Newham v Legend Club Management Systems (UK) Limited. Acting for the terminating party in a litigation dispute over the early termination of an IT prcurement contract. £750k.

Da Vinci & Da Vinci v Ratto Holdings Limited. A dispute under thet LCIA arbitration rules over whether Russian shareholders in a company in an offshore jurisdiction had truly concluded a contract for their sale and purchase. £10m.

Dialight Europe Limited v Arntjen Germany Gmbh. Acting for a German company in a dispute over whether speciliast lighting equipment sold to it by an English company met specification. Dispute over jurisdiction of the English Courts and an ad hoc arbitration clause. £750k.

A v B & C Limited. Dispute between Italian magnate and fashion designer about shareholdings and funding of a company under a shareholders’ agreement.

Gulf Private Equity Partners Limited v Allsop & Sons Limited. Insolvency. Resisting a statutory demand in respect of sums alleged to be owed to the petitioner and arguments as to set off.

Rixo International Trading Limited v Souz Petroleum SA. Acting for Swiss company defendant which sold off-spec marine fuel oil in claim by Swiss buyer before English Courts. Instructed by lawyers from the Netherlands.

Booth v Zenith. Acting for Claimant suing his Jersey trust company for negligence and dishonesty in a failed tax avoidance scheme: £6m.

Crucialmove Ltd and others v Zatman & Co and others. High Court ChD. Acting for Claimant on a claim in professional negligence against solicitors acting on land transactions aimed at developing a football club’s stadium and grounds. Value £3m.

Andrews & others v Smith and others. Complex High Court ChD claim over ownership of an SPV used for a property development. Breach of trust, fiduciary duty, unfair prejudice and rectification of the register. Claims against accessories. Interim injunction. Value £7m.

Diamandis v Wills & another. Defending a High Court ChD claim brought by a disqualified director on a management agreement. Illegality and matters of construction. Value £500k.

Decker v Stonham. Companies Court. Application against liquidator under s.212 Insolvency Act 1986 for misconduct by refusing to recognise the applicant creditor’s security in winding up. Value £330k.

Bhadwaj and others v Sharma and others. Dispute over a collective investment scheme.

Tapestry Holidays Limited v Manchada & Co. Acting for Claimant in professional negligence claim against auditors. Value £6m.

Ali v Mctighe & others. Complex partnership dispute value £250,000.

Bolton Surgical Ltd. Dispute over M&A transaction. Dispute on earn out, share options and service contract. Unfair prejudice in relation to the constitution of the company. David Swede and Reena Gokani at Darlingtons 2 to 3/11

Heathcote School Ltd v Greenland. Acting for Claimant in M&A dispute over the acquisition of a private school. Value £250,000.

Schramm v Oxford Partners. Acting for Claimant in dispute over a Cayman LLP. Value £35,000.

Re A Company. Advising on whether accountants can sign off accounts with a clean opinion or whether financial assistance requires a qualified opinion.

Re a Firm of Solicitors. Advising about the applicability of the Proceeds of Crime Act.

Sweaty Betty Ltd v Divigate Limtied. Acting for the Claimant in a dispute over an online sales capability.

Addison Lee plc & Eventech Ltd v Fiat. Mercantile Court. Acting for Addison Lee & Eventech suing Fiat for £1m for supplying a defective fleet of 220 cars. Complex issues of causation and loss.

Mary Chipperfield Properties Ltd v Ardent Ltd. Commercial Court. Acting for Chipperfield suing its insurance brokers for underinsuring a safari park in the sum of £2m. Professional negligence.

Gordon Ramsay (No.3) Limited v The Berkeley Hotel Limited. High Court Chancery Division. Dispute over operating agreement for Gordon Ramsay / Marcus Wareing and the Berkeley Hotel. Value £750,000.

McTear v Fergus Arden. Insolvency. Acting for office holders disputing the validity of an assignment of intellectual property prior to insolvency.

Begley v Four Pillars Ltd.  High Court QB. Acting for defendant in bonus dispute on sale of a business.

Metro Racing Ltd v Wilson & Others. Commercial Court. Acting for Claimant, suing 14 Defendants for £6m in respect of a fraudulent M&A transaction. The Defendants sold the Claimant a chain of betting shops. The Claimant alleged they had inflated turnover and in breach of warranty by failing to disclose credit betting, ‘back price betting’ and improperly recorded costs.

Travel Intelligence Ltd v Tonwsend. High Court QB. Interim relief on restrictive covenants in business sale [2009] EWHC 726 (QB).

Lombard Finance Ltd and others v Totte. Various county courts. Acting for the defendant in claims on PGs defended by allegations of fraud.

Re: Intercautchouc Ltd. High Court ChD. Fraud dispute over corporate governance issues of English subsidiary to Russian parent company.

Addison Lee plc v Pulmanor Ltd. Acting for Claimants in dispute over sale of coaches subject to lease agreements.

London Clubs International Ltd v London Regional Properties Ltd. High Court ChD. Dispute over operating agreement of a casino.

Fitzdares Ltd v Isaacs. High Court ChD. Acting for casino in gambling debts dispute.

Ross v Metrobet Ltd. Acting for bookmakers in gambling debts dispute.

Clarion Events Ltd v Beacon Events Ltd. Dispute over operating agreement.

Arbitration

Richard is a Fellow of the Chartered Institute of Arbitrators and has a Diploma in International Arbitration through the Institute. International arbitration makes up a large part of his current practice having acted in substantial disputes in the energy sector as well as recent instructions in a fraud dispute over a contract for the sale of steel from China to Dubai.

Cases include:

  • Ingenio Azuceraro Guabira SA v Louis Dreyfus Commodities Suisse SA. International arbitration with seat in London under the RSA rules. Dispute over delivery of sugar from Brazil to Bolivia. Value US$1m. Instructed by lawyers in Bolivia.
  • Macsteel International Far East Limited v Conares Limited. DIFC-LCIA international arbitration. Acting for Claimants in dispute over a contract for the sale of steel from China to Dubai. Bills of Lading, Letters of Credit. Fraud. Value US$2m. Instructed by lawyers in the Netherlands and Dubai.
  • Lincoln Medical Ltd v Western Allergy Ltd. International arbitration. Acting for Defendant in a dispute over a licensing agreement for the distribution of pharmaceuticals in the US. Value in excess of £1m.
  • A Ltd v B Ltd. International arbitration. Acting for Claimant in M&A dispute over a company which owns rights over an oil field in Iraq. Value £300m. Fraud.
  • Studio In. G. Pietrangelli Srl v Lunswemfwa Hydro Power Company Limited. Acting for Italian designer of a damn in Africa in an LCIA arbitration against the state which wrongfully terminated the contract. Instructed by lawyers in Rome.
  • A v AA Entertainment Worldwide Limited & others. Acting for shareholder under ad hoc arbitration agreement in dispute over allotment of shares and treatment of capital contributions to company producing movies.
  • Hoodless v Hoodless. Dispute over winding up of an LLP which provided financial services under an arbitration clause LCIA rules.

Employment Law

Early on in his career Richard’s practice had an emphasis on employment law. Taking many disputes to the EAT and the Court of Appeal, his experience includes whistle-blowing, discrimination, harassment and restrictive covenants.

Cases include:

  • Impact teachers Limited v Schmidt. Acting for employer in shareholder and employment dispute, restrictive covenants, good leaver / bad leaver clause. High court and ET.
  • Hibbert v Apple Europe Ltd. Procedural appeal to EAT. Under ELAAS scheme at the PH, then the Pro Bono Unit. Appeal successful on 24/1/12.
  • Wanklyn v TigerTMS Limited. Acting for Claimant CEO of software engineering company in claim for wrongful and unfair dismissal. Bad leaver clause and share options. Fraud. Value £250,000.
  • Jarvis v Shoppers Pharmacy Ltd. Before the Privy Council, led by James Guthrie QC. Successfully appealing the decision of the Court of Appeal of Antigua and Barbadua that the appellant was not unfairly dismissed [2010] UKPC 5.
  • Akhtar v Goodge Law. Acting for respondent in race discrimination case over six days. Employment tribunal. All allegations dismissed. Reported in Evening Standard and Metro etc.
  • Salm v Martin Brokers. High court / employment tribunal.  Acting for Claimant city bond trader in dispute over dismissal for gross misconduct. Complex and topical arguments over the extent of implied terms preventing dismissal other than for good cause. Value £1.25m.
  • Blake v Loewy Group plc. High Court / employment tribunal. Acting for Defendant in dismissal of a senior creative in an ad agency. Share options, bonus and salary. Value £750,000.
  • Taylor v BUPA Health Assurance Ltd. High Court QB. Suing for breach of contract, negligence and defamation on a malicious employment reference.

Advocacy

Richard has strong involvement with advocacy training. Inspired by the high calibre of training at Middle Temple, Richard collaborated with fellow trainers to found the International Advocacy Academy (“IAA”). The IAA takes the highly-developed common law techniques of advocacy to lawyers from jurisdictions around the world who also act as counsel in international arbitrations. Richard has lectured and conducted training in the highly varied legal contexts of London, Venice, Milan, Frankfurt and der Oder, Basel, Zurich, Helsinki, Dubai and Kuala Lumpur.

He is also an expert in training arbitrators for the Chartered Institute of Arbitrators, of which he is a fellow, and assisting them in their decision-making and communication techniques in oral hearings. He has run these courses in London, Dubai and Kuala Lumpur. His reputation as an advocate combined with experience of arbitrations means that Richard is often called upon to advise on advocacy techniques before arbitration panels.

Networks/ Professional membership

  • AIJA (Association Internationale des Jeunes Avocats/ The International Association of Young Lawyers)
  • American Bar Association Section of International Law (ABA SIL)
  • COMBAR (Commercial Bar Association) which he is assisting setting up its European branch
  • Chancery Bar Association
  • Employment Lawyers Association
  • Employment Law Bar Association
  • British Italian Law Association

Publications and Lectures

  • ICC YAF Zurich December 21014, moderating a panel of eight lawyers from around the world on their approach to and expectations of cross examination (link to programme)
  • Effective Oral Advocacy: How to persuade the arbitrators”
  • Helsinki International Arbitration Day 2013, Wednesday 22 May 2013, Helsinki, Finland
  • Common law cross examination in International Arbitration”: Annual Arbitration Conference, Venice 2012
  • Managing Client Relationships: A Multi-generational Approach” : IBA, Munich, 2012

Languages

Italian
German
French