Richard Samuel

Profile

Richard has a broad commercial practice. He is instructed act in disputes over contract law, fiduciary duties, company law, restitution, negligence and employment law. Richard’s work has a strong international dimension. He is instructed directly by law firms in England and around the world in arbitrations and in the English High Court. Richard is frequently invited around the world to train disputes lawyers on advocacy and the examination of witnesses.

Commercial litigation

The core of Richard’s practice are those disputes that any corporate can encounter: arguments with suppliers or customers, between directors and shareholders, with employees or with bankers. He has experience acting for international banks on substantial ISDA cases in the Financial List in the Rolls Building and experience in financial services disputes more generally for corporates and individuals from around the world. He has a strong practice in cases involving employees, directors and shareholders exiting corporates, including disputes over references, restrictive covenants and unfair prejudice petitions. He has argued significant cases on enforcing foreign awards in England and conducted arbitrations under English law around the world, together with supportive claims in the English Commercial Court. 

Cases include:

  • Tenaga Nasional Berhad v Fraser-Nash Research Limited & another [2018] EWHC 1848 (QB), [2018] EWHC 2970 (QB)
  • Acting for a Malaysian judgment creditor enforcing a £30m judgment in England under the Administration of Justice Act 1920 after a decade’s delay.
  • Hincks v Sense Network Limited [2018] EWHC 533 (QB), [2018] EWHC 1241 (QB).
  • Acting for a financial services firm defending an action brought by an ex-IFA for whom it had given an allegedly negligence reference causing a career loss.
  • Sang Kook Suh v Mace (UK) Limited [2016] EWCA Civ 4.
  • A successful appeal against the order of a judge permitting in evidence communications between the one claimant and the opposing side’s solicitor on the basis that it was not covered by without prejudice privilege and that any such privilege had been waived.
  • Diamandis v Wills & another [2015] EWHC 312 (Ch).
  • Defending a High Court ChD claim brought by a disqualified director on a management agreement. Illegality and matters of construction. Value £500k.
  • McTear & Williams v Engelhart & others [2014] EWHC 1056 (Ch),  [2016] EWCA Civ 487, [2014] EWHC 722 (Ch).
  • 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.
  • An Italian merchant bank v an Italian province
  • 2018 onwards. Instructed by a leading Italian law firm to act for the Italian merchant bank in the Financial List in the Rolls Building enforcing certain interest rate hedging products against the province, which is raising multiple arguments about Italian and English law to avoid the swap.
  • Toorani v Toorani
  • 2018 onwards. Dispute in England and Jersey over the enforceability of judgments in Bahrain and a transaction at an undervalue in England to avoid the Bahraini judgments.
  • A foreign state railway company v an English railway company
  • 2017. A dispute over the terms of an English railway franchise together with software and ticketing agreements.
  • A v B
  • 2015 onwards. Acting for a claimant against his trustee company in the Channel Islands alleging dishonest dissipation of his trusts assests.
  • X v Barclays Wealth
  • 2015 onwards. Acting for an Italian claimant against his English wealth managers for negligence and breach of mandate.
  • BM v MT.
  • 2015. Instructed directly by Italian lawyers in an LCIA arbitration for an Italian manufacturer against its distributors in Canada.
  • DK Assemblies Limited v Vogtlandisches Kabelwerk GmbH.
  • 2015 Acting for English purchasers of defective industrial cabling from a German manufacturer.
  • Chaudhary v Clydesdale Bank plc
  • 2015 onwards. Acting for a property developer against a bank in a swaps mis-selling case.
  • Re an Athelete.
  • 2016 Acting for an athlete defending allegations of doping before the Court of Arbitration for Sport in Lausanne.
  • Martin v Letchers
  • 2016. Acting for the defendant against allegations of sexual harassment in the workplace.
  • Re Kender.
  • 2016-17. Giving expert evidence on the English law of obscenity on behalf o the accused before the Criminal Courts of Estonia. The conviction rate before the Estonian criminal courts is 98%. The accused was acquitted.
  • A motorsport team v An engineer
  • 2016. Acting for a formula 1 motorsport team seeking an injunction against an engineer orchestrating a team move to a competing racing team.
  • A financial services firm v various IFAs.
  • 2017. Acting for a financial services firm seeking an injunction restraining a team of IFAs in Dubai who were being poached by a competitor in Malaysia.
  • A director v KPMG
  • 2017. Acting for the director of a company suing his accountants for negligence in his tax affairs.
  • 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 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.
  • 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 [2009] EWHC 726 (QB).
  • 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:

  • An investor v two French companies
  • 2018. A dispute between investors in a property development in London before an LCIA arbitration, instructed by Swiss lawyers.
  • A French multi-national v a supplier
  • 2018. Assisting French lawyers conduct an arbitration under English law concerning termination of a contract of supply due to allegations of fraud.
  • 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 acting in Employment Tribunals and the Employment Appeals Tribunal in cases covering unfair dismissal, whistle-blowing, discrimination and harassment. Now he is often in the High Court arguing cases over disputed references or restrictive covenants.

Cases include:

  • Hincks v Sense Network Limited [2018] EWHC 533 (QB), [2018] EWHC 1241 (QB).
  • Acting for a financial services firm defending an action brought by an ex-IFA for whom it had given an allegedly negligence reference causing a career loss.
  • A technology firm v a senior employee.
  • 2016 A claim for diversion of profits and other serious breaches of fiduciary duty owed to an English company regarding a joint venture in Bahrain and Saudi Arabia.
  • 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 Tiger TMS 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 is an ‘A’ grade advocacy trainer at the Middle Temple, his Inn of Court. He also teaches for the Inns of Court College of Advocacy and at the South Eastern Circuit’s Keble Course in Oxford. Richard collaborated with fellow trainers to found the International Advocacy Academy (“IAA”). The IAA has taken the common law training techniques barristers enjoy and internationalised them for disputes lawyers from jurisdictions around the world who act as counsel in international arbitrations. Richard has lectured and trained with international institutions in London, Venice, Milan, Rome, Berlin, Bonn, Frankfurt and der Oder, Basel, Zurich, Helsinki, Dubai, Atlanta in the US and in Kuala Lumpur.

Networks/ Professional membership

  • AIJA (Association Internationale des Jeunes Avocats/ The International Association of Young Lawyers) (alumnus)
  • American Bar Association Section of International Law (ABA SIL)
  • COMBAR (Commercial Bar Association) 

Publications

Talks and Lectures

Languages

Italian, German and French.