Richard is a partner and solicitor advocate in the Litigation and Dispute Resolution team.
The core of Richard's work is commercial litigation with a focus on contractual disputes, corporate and company law, commercial real estate, restructuring and insolvency, banking & commercial finance and tax. He is also an experienced professional liability practitioner, a member of the Professional Negligence Lawyers' Association and is regularly instructed as an expert in professional liability cases. He is ranked as a leading individual for commercial litigation in the legal directories.
In addition to his commercial practice, Richard has an interest in contentious private client matters in which he deals with disputes arising out of trusts, wills and succession matters. His team are ranked band 1 in Legal 500 for contentious private client litigation and he is ranked as a leading individual in these areas as well.
Richard works in the private and public sectors and works with the firm's other departments, providing advice on risk management and the resolution of disputes either through litigation or alternative dispute resolution such as mediation. As a Solicitor-Advocate he litigates in both the Court of Session, Sheriff Courts. Richard is dual-qualified in Scotland, England & Wales (although he only holds a practising certificate in Scotland). He is regularly instructed in cross-border commercial, corporate and company disputes and on the enforcement of foreign judgements in Scotland.
Richard was formerly the lead commercial litigation tutor on the Diploma in Legal Practice at the University of Edinburgh. He is a member of the Lexis Nexis panel of civil litigation experts in Scotland, is the editor of Greens Civil Practice Bulletin and is a Lexology author. Richard is currently the firm's Money Laundering Compliance Officer and his interest in regulatory matters extends to his spare time where he sits as a legal chair on the board of the Scottish Legal Complaints Commission.
Roche Diagnostic Limited v Greater Glasgow Health Board & Abbott Laboratories Limited [2024] CSOH 90, the Court of Session has addressed two important questions relating to the application of privilege in Scotland.
Expert evidence is a common feature of professional negligence claims throughout the UK. In Scotland (in contrast to south of the border) some judges regard it as essential. However, Lord Sandison's recent judgment in Cockburn v Hope [2024] CSOH 69 casts doubt on whether expert evidence is quite as crucial in all cases as some Scots lawyers might expect.
The concept of assumption of responsibility is one of the most important in negligence claims. It first came to prominence in the well-known case of Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 which was a case concerned with liability for negligent misstatements causing pure economic loss.
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