Year of call: 1995
Silk: 2017
E: rbrent@3vb.com

Email the Practice Managers:

SilksPMs@3vb.com

Richard specialises in commercial litigation and advisory work, with an emphasis on banking, financial services and regulatory matters; general commercial litigation; arbitration; insurance and reinsurance; and conflicts of law. He has a particular interest in the commercial aspects of EU law. He has been listed as a leading junior in Chambers & Partners and Legal 500 for a number of years.


“He’s very measured, has great attention to detail and is very calm.”

Chambers & Partners UK 2015

Nominated for “Banking Junior of the Year”

Chambers & Partners Bar Awards 2013

Richard has extensive experience of arbitration proceedings, many with an international emphasis, in particular under ICC, LCIA and UNCITRAL rules as well as under ad hoc rules.

Instructions include:

Malicorp Ltd v Government of the Arab Republic of Egypt and others [2015] EWHC 361 (Comm): acting for the Arab Republic of Egypt resisting the enforcement of a New York Convention award.

Acting for the Arab Republic of Egypt in an international arbitration under UNCITRAL rules.

Acting for Iranian company in dispute with an Italian company in an ICC arbitration with its seat in Paris - the dispute involves issues of Iranian, Italian and French law.

Acted for UK supplier in LCIA arbitration in the lead additives market.

Acted for major insurer in ad hoc arbitration in relation to reinsurance claims.

Acted for overseas government in ICC arbitration in The Hague concerning termination of anti-aircraft missile system involving nine contracts. Dispute governed by non-national rules of law.

Petroleum Investment Company v Kantupan Holdings Co Ltd [2002] 1 All ER (Comm) 124. Acted for Russian-managed company in UK court proceedings ancillary to ICC arbitration.

Richard acts for both domestic and international financial institutions; regulators; banks, brokers, intermediaries and other professionals in the financial marketplace. Listed as a Leading Junior (Banking and Finance) in Legal 500 and Chambers & Partners (Banking and Financial Services).

Instructions include:

Banco Santander Totta SA v Comphania Carris de Ferro de Lisboa SA & others: acting for four Portuguese transport companies in a dispute concerning “snowball” derivatives (trial October 2015).

Graiseley Properties Limited and others v Barclays Bank plc: acted for a bank in a derivatives mis-selling case involving allegations of fraudulent misrepresentation arising out of the Libor-fixing scandal (settled 2014)

Phoenix Life Assurance Ltd v Financial Services Authority [2013] EWHC 60 (Comm); acted for FSA in relation to the proper construction of a “with profits” policy.

Spinnaker Global Emerging Markets Fund Limited and another v Starling Holding (SPV) Limited and six others:  acted for hedge funds in connection with a claim arising out of amendments to loan notes (case settled).

Bank of America N.A – v – Pillar Securitisation S.a.r.l and Banque Havilland S.A: acted for the successor to the Icelandic bank, Kaupthing, in connection with the closing-out of foreign exchange swaps (case settled).

M&G Investment Management Limited and others v Deutsche Bank AG and another: acted for junior lenders in connection with recoveries under subordinated loan notes (case settled).

Provident Insurance Plc v Financial Services Authority [2012] EWHC 1860 (Ch); acted for FSA in connection with an insurance transfer scheme from Gibraltar to the UK.

Lehman Brothers International (Europe), Re [2012] UKSC 6: acted for LBI Inc in the “client money” litigation arising out of the collapse of Lehman Brothers.

Haugesund Kommune & Anor v Depfa ACS Bank & Anor [2010] EWCA Civ 579 & [2011] EWCA Civ 33 – acted for third party solicitors in a claim arising out of sale of structured products.

Office of Fair Trading v Abbey National and others [2009] UKSC 6 (the bank charges test case). Acted for Abbey National plc.

Richard has extensive experience of general commercial litigation both in the Commercial Court and in international arbitration.

Instructions include:

Banco Santander Totta SA v Comphania Carris de Ferro de Lisboa SA & others: acting for four Portuguese transport companies in a dispute concerning “snowball” derivatives (trial October 2015).

Malicorp Ltd v Government of the Arab Republic of Egypt and others [2015] EWHC 361 (Comm): acted for the Republic of Egypt resisting the enforcement of a New York Convention award.

Starbev GP Ltd v Interbrew Central European Holdings BV [2014] EWHC 2863 (Comm); [2014] EWHC 1311 (Comm); [2013] EWHC 4038 (Comm) (acting for vendors in relation to claim for earn-out consideration arising out of the sale of central and eastern European brewing business (on appeal to Court of Appeal, 2016).

Graiseley Properties Limited and others v Barclays Bank plc: acted for a bank in a derivatives mis-selling case involving allegations of fraudulent misrepresentation arising out of the Libor-fixing scandal (settled 2014).

Spinnaker Global Emerging Markets Fund Limited and another v Starling Holding (SPV) Limited and six others:  acted for hedge funds in connection with a claim arising out of amendments to loan notes (case settled).

Phoenix Life Assurance Ltd v Financial Services Authority [2013] EWHC 60 (Comm); acted for FSA in relation to a the proper construction of a “with profits” policy.

Bank of America N.A – v – Pillar Securitisation S.a.r.l and Banque Havilland S.A: acted for the successor to the Icelandic bank, Kaupthing, in connection with the closing-out of foreign exchange swaps (case settled).

M&G Investment Management Limited and others v Deutsche Bank AG and another: acted for junior lenders in connection with recoveries under subordinated loan notes (case settled).

Lehman Brothers International (Europe), Re [2012] UKSC 6: acted for LBI Inc in the “client money” litigation arising out of the collapse of Lehman Brothers.

Haugesund Kommune & Anor v Depfa ACS Bank & Anor [2010] EWCA Civ 579 & [2011] EWCA Civ 33 – acted for third part solicitors in a claim arising out of sale of structured products.

Office of Fair Trading v Abbey National and others [2009] UKSC 6 (the bank charges test case). Acted for Abbey National plc.

Richard has acted in a number of commercial disputes involving EU aspects. Before being called to the bar, he was a solicitor in the EU/Competition department of Slaughter and May.

Instructions include:

Banco Santander Totta SA v Comphania Carris de Ferro de Lisboa SA & others: acting for four Portuguese transport companies in a dispute concerning “snowball” derivatives (trial October 2015); issues include the scope of Art. 3(3) of the Rome Convention and the Portuguese implementation of the Investment Services Directive and MiFID.

Malicorp Ltd v Government of the Arab Republic of Egypt and others [2015] EWHC 361 (Comm): acted for the Republic of Egypt resisting the enforcement of a New York Convention award. Issues included the correct interpretation of the NY Convention and its application in other jurisdictions (in particular, in France).

Provident Insurance Plc v Financial Services Authority [2012] EWHC 1860 (Ch); acted for FSA in connection with an insurance transfer scheme from Gibraltar to the UK (issues included the status of Gibraltar within the EU).

Lehman Brothers International (Europe), Re [2012] UKSC 6: acted for LBI Inc in the “client money” litigation arising out of the collapse of Lehman Brothers. Issues involved the correct interpretation of MiFID and the MiFID Implementing Directive.

WMS Gaming Inc v B Plus Giocolegale Ltd [2011] EWHC 2620 (Comm)  (lis alibi pendens rules under Brussels Regulation)

Haugesund Kommune & Anor v Depfa ACS Bank & Anor [2010] EWCA Civ 579 & [2011] EWCA Civ 33 – acted for third party solicitors in a claim arising out of sale of structured products. Issues included the correct interpretation of rule 162 of Dicey, Morris & Collins and the proper legal characterisation of the “capacity” test in English rules of conflicts.

Office of Fair Trading v Abbey National and others [2009] UKSC 6. Issues included the correct interpretation of the Unfair Terms in Consumer Contracts Directive.

R (on the application of Cukurova Finance International Ltd and another) v HM Treasury [2008] EWHC 2567 (Admin). Issues included the UK's implementation of the Financial Collateral Directive.

J P Morgan (Europe) Ltd v (1) Primacom AG (2) Primacom Management GmbH [2005] EWHC 508 (Comm); [2005] 1 CLC 493; [2005] 2 Lloyd's Rep 665. Acted for borrower in dispute over application of Brussels Regulation.

R v The Agricultural Board of England and Wales ex parte Middlebrook Mushrooms [2004] EWHC 1447 (Admin); The Times 15 July 2004. Acted for mushroom grower in connection with judicial review of agricultural minimum wage legislation on the ground, amongst others, that it was in breach of the European Convention on Human Rights.

Richard acts for brokers, insurers, reinsurers, insureds and reinsureds, both in the Commercial Court and in arbitrations.

Instructions include:

Acting for insurer in relation to insurance business transfer scheme from the UK to Gibraltar

Phoenix Life Assurance Ltd v Financial Services Authority [2013] EWHC 60 (Comm); acted for FSA in relation to  the proper construction of a “with profits” policy.

Provident Insurance Plc v Financial Services Authority [2012] EWHC 1860 (Ch); acted for FSA in connection with an insurance transfer scheme from Gibraltar to the UK (issues included the status of Gibraltar within the EU).

Acted for major insurer in ad hoc arbitration in relation to reinsurance claims arising out of settlement of mesothelioma claims.

Acted for insurers in £8m Commercial Court claim against reinsurers arising out of settlement of US welding-fumes litigation.

Acted for major international reinsurance broker in relation to $50m Commercial Court claim arising out of the placing of property and business interruption reinsurance (the Konkola Copper Mines dispute).

Australia Japan Cable Ltd v. Pender ($100m insurance claim following damage to submarine cable. Acted for major international insurance broker in coverage dispute; case settled.)

Acted for leading car manufacturer on regulatory aspects of insurance business (in particular in relation to extended warranties)

Acted in connection with potential judicial review of the FOS in relation to handling of pensions mis-selling claims.

Acted in indemnity claim in the Commercial Court in connection with pensions advice (value approx £13m) (case settled).

Thrower and others v Bradstock Blunt & Crawley and another. Acted for brokers in negligence claim (value c. US $28m) in connection with placing of reinsurance policies in the PA market (case settled in mediation).

The Law Debenture Trust Corporation v Lexington Insurance Company and others (case settled in mediation.) Acted for brokers in film finance litigation.

Phase 2 of Rothschild v Collyer (case settled). Acted for insured in pensions mis-selling. Instructed by Dechert LLP.

Pacific & General v Hazell and others [1997] LRLR 65 at first instance and in the Court of Appeal.

Recent cases include:

Banco Santander Totta SA v Comphania Carris de Ferro de Lisboa SA & others: acting for four Portuguese transport companies in a dispute concerning “snowball” derivatives (trial October 2015).

Malicorp Ltd v Government of the Arab Republic of Egypt and others [2015] EWHC 361 (Comm): acting for the Republic of Egypt resisting the enforcement of a New York Convention award.

Starbev GP Ltd v Interbrew Central European Holdings BV [2014] EWHC 2863 (Comm); [2014] EWHC 1311 (Comm); [2013] EWHC 4038 (Comm) (acting for vendors in relation to claim for earn-out consideration arising out of sale of central and eastern European brewing business (on appeal to Court of Appeal, 2016).

Graiseley Properties Limited and others v Barclays Bank plc: acting for a bank in a derivatives mis-selling case involving allegations of fraudulent misrepresentation arising out of the Libor-fixing scandal (settled 2014).

Co-editor and author (with William Blair QC) of Banks and Financial Crime (OUP, 2008); 2nd edition (forthcoming)

Contributor to Moss, Fletcher, Isaacs eds., The Insolvency Regulation (OUP, 3rd edition forthcoming)

Author of Directives: Rights and Remedies in English and Community Law (London, 2001).

Scholar, Peterhouse, Cambridge (Double First Class)

Kennedy Scholar, Harvard University

Fellow, St John's College, Cambridge

Alexander Maxwell Law Scholar

Visiting Fellow, Centre for European Law, King's College, London University (2000)

Leverhulme Fellow (2000-2001)

F.R.Hist.S.

2013 – shortlisted for “Banking Junior of the Year” (Chambers & Partners)

Bar Council Member

LCLCBA Committee Member