Construction
He advises on all types of construction disputes on large and small developments.
Currently acting on a direct access basis in a million-pound claim arising out of the building of a luxury hotel in rural England Recently advised in respect of a restaurant development in Bethnal Green, as well as several domestic building cases
Memberships & Advisory
Has qualified as a fellow of CIArb
Publications
Richard has written in many legal journals including The New Law Journal, The Solicitors Journal, The Journal of Personal Injury Litigation, Rent Review & Lease Renewal and Litigation.
- He is the author of Residential Tenancies now in its fifth edition.
- He has written several hundred columns for The Guardian on personal finance law.
- He has written occasionally for The Guardian and other newspapers on football and travel.
- A full length article in Wisden 1998 on cricket and the law “Court on the Boundary”.
Case Profile
Cases
Commercial Disputes
- ARC v Gunvor [2019] EWHC 3555 (Comm)
- Schwartz v VGV and others [2020] EWHC 2227 (Ch)
- Hodges v Aegis [2014] EWCA Civ 1449
Professional Negligence
- Dowling v Bennett Griffiths [2014] EWCA Civ 1545
Intellectual Property
- Caspian Pizza v Malvern Hills Estates [2015] EWHC 3567 (IPEC) (ownership of Trade Mark of Worcester pizza restaurant)
- FBT v LTEV [2019] EWHC 829 (IPEC) (ownership of rights to an early Eminem album)
Personal Injury
- Sargent v GRE (UK) Ltd [1997] EWCA Civ 1414 in which he appeared for the successful appellant remains leading guidance in interpreting injury insurance policies
- Property, Landlord & Tenant and Trusts
- Winter v TCC [2006] EWCA Civ 1740 in which he appeared in the High Court and Court of Appeal for the successful developer was important in establishing the extent to which restrictive covenants can be varied
- Laskar v Laskar which has become the leading case on the joint acquisition of property by family members
Commercial Law
Richard undertakes all types and most levels of commercial disputes from those involving several million pounds down to consumer disputes.
Acted for a Yemini government agency in a £5m dispute over the price of a cargo of oil Acted for an Ecuadorian lawyer in protracted High Court committal proceedings, in which case he defeated most of the allegations, and his costs were less than 10% of the other side’s Appeared in several reported cases concerning the construction of the Unfair Terms in Consumer Contracts Act 1977
Professional Negligence
Richard undertakes all aspects of professional negligence work and is willing to take on cases against solicitors and barristers.
Current cases include representing a woman who alleges a barrister discontinued her case at a preliminary hearing without instructions after having charged over £20,000 in fees He also appears for professionals before disciplinary tribunals and on appeals to the courts
Intellectual Property
He regularly acts in IP disputes particularly relating to the music industry.
Current cases include a claim over the rights to use the name of a well-known 1970s ‘teeny bopper’ band
Personal Injury
Richard specialises in cases involving personal injury or illness that are not straightforward, particularly those where the claim is against the client’s own insurer, or where ME/CFS or food poisoning is involved.
Current claims include acting for the estate of a man who died of covid very shortly after his employment, which included a substantial death in service benefit, was terminated
Property
Acting on various types of land and trust disputes, Richard recently appeared in a High Court matter which was a family dispute over ownership of valuable development land on the North Circular Road Intermedia v Ashia Centre and others [2020] EWHC 473 (Ch).
Family Law
About a quarter of Richard's practice involves acting and advising upon financial remedy claims. He also undertakes private law children cases.
Privacy Notice
This privacy notice explains how, why and for how long Richard Colbey will process or retain your personal data in accordance with the General Data Protection Regulation (GDPR).
If Richard has been instructed by you, your litigation friend, your solicitor or agent, or through a pro bono referral, it is necessary to process your personal data in order to provide legal services. This may include advising on the prospects of litigation, advising on the value of a claim, representation at hearings or trial, and reviewing legal issues or evidence.
Recipients of your data
Depending on the nature of your case, data may be shared with courts and tribunals, your solicitors or agents, witnesses, experts, other legal representatives, ombudsmen or regulators, education and examining bodies, and current, past or prospective employers.
Special categories of data
Some matters require processing special category personal data, including information about health, ethnicity, religion, trade union membership, political beliefs, sexual orientation, or criminal allegations and convictions. Such data will only be processed where necessary to represent you or advise on your claim.
Retention
Your personal data will be retained for no longer than necessary and, where possible, anonymised. In general, records relating to cases are retained for at least six years to comply with professional obligations under the Bar Code of Conduct and tax record-keeping obligations.
Once your case has concluded and any fees have been paid, only the personal data necessary for regulatory compliance, conflict checking, defence of complaints or fee disputes, and reference in future similar cases will be retained.
Your rights
You may request confirmation that your personal data is being processed, request a copy of that data, request rectification of inaccurate data, object to certain processing, request restriction of processing, or request erasure where the GDPR permits it. Where processing is based on consent, you may withdraw that consent at any time, although doing so may mean Richard can no longer provide the legal services requested.
Security
Appropriate physical and technical measures are taken to safeguard your personal data and prevent unauthorised access, accidental loss, misuse or disclosure.
Complaints or queries
If you have any questions about this privacy notice, or how your personal data is used, please email clerking@thebarristergroup.co.uk or the clerks at clerking@thebarristergroup.co.uk, or call 01823 247 247.
You also have the right to complain to the Information Commissioner's Office (ICO). Further information is available at ico.org.uk/global/contact-us/.
Work with Richard
Send us your details and a member of the clerking team will be in touch. Or call us now on 01823 247 247.