Richard is a Partner in the Real Estate Department, with 14 years' experience in resolving property related disputes. He deals with all aspects of contentious or potential contentious property work including strategic property litigation and management advice for commercial landlords, tenants and freeholders (including institutional clients and their asset managers, as well as companies and individuals). He has litigated extensively in relation to investments such as shopping centres; industrial estates; office buildings; residential property and development schemes.
Richard's work typically involves advising on disputes and conducting litigation relating to lease renewal and termination; breaches of covenant; dilapidations; service charge disputes; possession proceedings; breaches of contract (including property development/finance contracts); infringement of property rights (such as restrictive covenants and rights of light); insolvency and property related professional negligence claims.
Key Experience
Has conducted several successful Court of Appeal claims in high profile litigation (e.g. against the Cadogan Estate), most recently in relation to a £30 million supermarket/residential brown field development scheme in Matlock.
Successfully recovered significant sums for a well-known theatre charity, The Tricycle Theatre, resulting from a cancelled production of the critically acclaimed play “The Great Game” in the United States.
Substantial experience in acting for high profile clients such as British Land; CBRE Investments; Goodman Investments; Land Securities; Hermes Real Estate Investments; Threadneedle Property Investments; St James Homes; Hilton Hotels; The Jockey Club and Standard Bank.
Acted for the successful Claimant and Respondent in Artworld Financial Corporation v Safaryan & Others (CA 2009) that established important case law relating to what actions by a Landlord can amount to acceptance of a lease surrender.
Acted recently for a well-known institutional Landlord in a rent review rectification claim worth in excess of £6 million at T Mobile's UK Headquarters.
Has advised on many Real Estate related aspects of various high profile insolvencies including JBB Sport's (CVA); First Quench; Stylo-Barratt; Focus DIY; Oddbins; MFI and Peacocks/Bon Marche.
Recent success in pursuing professional negligence claims against Stephens Scanlan LLP and another national firm of valuers.
Career History
Partner, Mishcon de Reya
Head of Real Estate Litigation, Jones Day
Partner, Lawrence Graham LLP
Withers LLP
Articles and Publications
Estates Review 2009
Landlord and Tenant - disputes on the rise
Recovery Magazine 2010
Tenant Insolvency - current issues for Landlords