Richard
Clegg

Richard acts as counsel in arbitrations under the major institutional rules, including ICC, LCIA, SIAC and ICSID, as well as ad hoc arbitrations.

Amongst his recent cases, Richard was instructed by a foreign government in a seminal ICSID investment arbitration relating to the construction of a gas pipeline; a case that considered for the first time a number of issues concerned with state expropriation of property, such as adjudicating on the (international) lawfulness of decisions of local courts, and the enforcement of commercial arbitration awards through treaty arbitration.

Other recent or ongoing cases include:

• ICC arbitration in Geneva concerning contracts for the supply of engines for power stations
• ICC arbitration in London concerning a distribution agreement, representing a European manufacturer.
• Ad hoc arbitration in Singapore concerning a commodities contract, representing a South Korean conglomerate.
• LCIA arbitration in London concerning a financial services contract, representing a Jersey company.
• SIAC arbitration in Singapore concerning a ship sale contract and security, representing a Japanese bank.

Arising out of his arbitration work, Richard has developed a particular expertise in the workings and drafting of arbitration agreements and other dispute resolution provisions.

Richard acts regularly on significant commercial and business contract and shareholder disputes both in court and in arbitration. Those most often arise out of joint ventures, business acquisitions, supply and distribution contracts, contracts to provide services, commodities, energy and other resources. As a product of that work, Richard has developed particular expertise in claims for the misuse of confidential information in the commercial context.

Richard’s active participation in motorsport, keen interest in collector cars and knowledge of the industry has led to a number of motor and motorsport-related cases.

Shareholder disputes (including unfair prejudice remedies) and partnership disputes are a regular feature of Richard’s commercial dispute resolution work.

Richard regularly acts for clients, both longstanding and new, on all aspects of landlord and tenant disputes, most often in the context of contested business lease renewals and dilapidations.

Richard’s practice includes advising and representing clients in cases of taxation professional negligence.

Richard is regularly instructed on disputes that involve real property, security and land registration, often arising out of joint ventures that have gone awry, and for clients both longstanding and new.

• Zarbafi v Zarbafi [2014] EWCA Civ 1267 (CA)
  Sham transactions and summary judgment.
• ICC arbitration in London over a distribution agreement representing a European manufacturer (2013).
• Stickley v Barclays Bank (2013), LTL 9/5/2013, (Registrar Derrett)
  The circumstances in which a lender may incur a direct duty in relation to the sale of security notwithstanding the appointment of Receivers.
• Fitzwilliam v Richall Holdings Services [2013] 1 P&CR 19
  The effect of the ‘statutory magic’ of registration as proprietor under the Land Registration Act 2002 where the underlying transaction is fraudulent.
• LCIA arbitration proceedings in London over a financial services contract representing a Jersey company (2012), and ICC arbitration proceedings in London over a distribution agreement representing a European manufacturer (2012).
• Represented a South Korean conglomerate in ad hoc arbitration proceedings in Singapore (2012)
  Million+ US$ claim over a commodities supply agreement.
• Twenty Two Clifton Gardens Ltd v Thayer Investments SA [2012] 2 EGLR 56
  The operation of leasehold service charge provisions in respect of legal costs.
• Represented a Japanese bank in an arbitration in Singapore under the SIAC rules (2010)
  Million+ US$ claim and counterclaim concerning the sale and detention of a ship.
• Michael Gerson (Leasing) v Greatsunny [2010] 3 WLR 1147 (Ch); [2011] EWCA Civ 416 (CA)
  Equipment leasing and the proper interpretation of s.196 of the Law of Property Act 1925.
• Gateshead Talmudical College v HMRC [2010] UKFTT 244 (TC)
  Expert evidence on land law before a VAT tribunal.
• Saipem S.p.a. v The Government of Bangladesh 25 June 2009, ICSID Case No. ARB/05/7
  A multi-million US$ ICSID arbitration concerning the construction of a gas pipeline in Bangladesh.
• Rahman v QC Container Line (2008), High Court
  A multi-million US$ claim relating to the financing of a shipping feeder service from Singapore.
• Goldengrove Estates v Chancerygate Asset Management (2007) Chancery Division
  A claim for an introduction fee by a BVI company in a multi-million £ property transaction.
• Turkey v Awadh [2005] 2 P & CR 29; [2005] EWCA Civ 382 (Court of Appeal)
  Leading case on presumed undue influence.
• Mehra v Shah [2004] EWCA Civ 632 (Court of Appeal)
  Trusts of land and partnership.
• Re Arrows Grand Prix International Ltd [2002] EWHC 1752 (Etherton J)
  Insolvency Proceedings brought by Formula One racing driver Jos Verstappen.
• Berg v IML London [2002] 1 WLR 3271; [2002] 4 All ER 87 Queen’s Bench Division (Stanley Burnton J)
  Recusation for sight of without prejudice material post the Human Rights Act.
• Bluebird K7
  Claim to recover possession of Donald Campbell’s world water speed record-breaking jet hydroplane, Bluebird K7, involving issues of bailment and the rarely deployed concept of accession, to determine ownership of materials added together.
• Re International Automotive Engineering Projects Ltd [2023] EWCA Civ 1391
  Unfair prejudice petition arising out of an automotive engineering project that clarifies the law of quasi-partnership in that context.
• Bucknell v Alchemy [2023] EWHC 683 (Ch)
  Trial of claim for alleged nuisance in excess of right of way, raising the interaction between nuisance and rights of way and the limits even on unqualified rights of way expressed to be ‘for all purposes’.
• Arrow v Higginson (2023)
  Interim injunction to secure confidential information in the hands of an ex-employee.
• Comedian ‘A’
  Tax professional negligence claims arising out of tax advice given and corporate structures adopted as a consequence.
• ICC arbitration seated in Switzerland
  Dispute over an energy contract and whether the design and installation of power station generators met the required standards.
• Bucknell v Alchemy [2021] EWHC 1544 (Ch)
  Interim injunction to prevent alleged nuisance and whether test for such an injunction was different if based upon nuisance.
• Totus v Sandhu (2020)
  Claim for damages for misuse of confidential information and infringement of database rights.
• Stratford Arts Trust v Stratford Council (2020)
  Interim injunction to prevent physical possession being taken of state-of-the-art arts centre whilst dispute over status of its occupation by arts charity litigated.
• Bennett v Bennett [2018] EWHC 1932 (Ch)
  Dispute over ownership of a football club, raising issues of partnership and constructive trust.
• Arbitration seated in London
  Dispute over interpretation of an option agreement for a significant central London development site.

“Leading Junior” in Legal 500 and Chambers & Partners Client Guides

“Very bright and very talented.” “He is good with clients and somebody who just rolls his sleeves up.” (Chambers and Partners, 2017)

‘An exceptional junior; his advice and legal submissions are of the very highest order.’ (Legal 500, 2016)

“He is very bright and absolutely dogged, but at the same time personable and user-friendly” (Chambers UK 2015)

“An experienced litigator” (Legal 500 2015)