Richard
Edwards advises and represents clients in a wide variety of
commercial disputes. He has a particular depth of experience
in banking, professional negligence, and IP / media and entertainment
cases.
General commercial litigation
Richard's recent and current work has included:
- Acting
for defendant warranty scheme administrator in £4
m. claim for alleged mismanagement of extended warranty
scheme
- Acting
for claimant in £3 m. claim arising from agreement
to share income from exploitation of patents for surgical
gloves
- Acting
for telecoms operator in £2m. dispute with another
operator over payment for calls handed over in circumstances
giving rise to suspicions of artificially inflated traffic
- Advising
a London Borough Council in dispute with software supplier
about its performance of a substantial software supply contract
- Acting
for dot.com bookseller in claim for breach of exclusive
e-marketing arrangement
- Racing
UK Ltd v Doncaster Racecourse Ltd [2004] EWHC 2813 (QB),
[2005] EWCA Civ 999: dispute as to whether the owner of
Doncaster Racecourse was bound by a contract entered into
by the racecourse manager concerning the media rights to
racing at the course; also representing the same client
in the Attheraces litigation
- Acting
for various Rover dealers in claims for delivery up of c.
500 Rover cars following Rover's administration
- Various
sale of goods cases, typically raising technical issues,
eg relating to the performance of industrial machinery or
the properties of raw materials such as the compounds used
in the manufacture of PVC windows
Banking
and finance
Richard's work in banking and finance includes all aspects of
the banker / customer relationship, restitution of payments
made by mistake, claims involving cheques and other negotiable
instruments, and disputes about the enforcement of guarantees
and security.
The following selection of recent and current instructions illustrates
the range of Richard's practice in this area:
- Acting
for claimant in claim on interbank demand guarantee
- Acting
for retail bank defending multifaceted claim for alleged
wrongful appointment of administrative receivers
- Acting
for charitable institution in claim to recover large BACS
and cheque payments improperly made by dishonest employee
- Advising
pension fund trustees on recoverability of misdirected BACS
payments
- Advising
on the effect of the endorsement abroad of an English "A/C
Payee" cheque
- Acting
for Lloyds underwriters in claim on dishonoured cheque drawn
by Lloyds broker in respect of premiums due from coverholders
under a binding authority
Richard
is a contributor to Warne and Elliott, eds, Banking
Litigation, Sweet & Maxwell, 1st and 2nd editions, including
authorship of passage cited with approval by Lord Millett in
National Commercial Bank (Jamaica) Ltd v Hew [2003] UKPC
51.
Professional negligence
Richard is frequently instructed to advise and represent claimants
and defendants in professional negligence cases, principally
involving architects, consulting engineers and other construction
professionals, and solicitors.
Recent and current work includes:
- Acting
for defendant solicitors in claim for alleged negligence
in drafting share sale and purchase agreement in respect
of a classical recording company
- Acting
for defendant architects in claim arising out of failed
sound insulation in a residential development
- Acting
for defendant consulting engineers in claim concerning the
remediation of a former gasworks site
- Acting
for project managers defending claim by employer arising
out of failed adjudication proceedings
- Acting
for claimant in Gravgaard v Aldridge & Brownlee
[2004] EWCA Civ 1529, [2005] PNLR 19, a solicitors' negligence
case concerning section 14A of the Limitation Act 1980
- Acting
for defendant solicitors in case concerning alleged negligence
in drafting lease of commercial offices
- Acting
for defendant architects in the long running case of Royal
Brompton Hospital v Hammond and others, including the
following reported episodes:
- Royal
Brompton Hospital v Hammond (No 5) 76 Con LR 62,
[2001] Lloyd's Rep PN 526, [2001] BLR 297;
- Royal
Brompton Hospital v Hammond (No 7) 76 Con LR 148,
[2001] BLR 317;
- Royal
Brompton Hospital v Hammond, Taylor Woodrow (Part 20
Defendants) [2002] 1 WLR 1397 (House of Lords):
a leading case on Civil Liability (Contribution) Act
1978;
- Royal
Brompton Hospital v Hammond (No 8) (2001) 88 Con
LR 1.
In
the more distant past, Richard acted for consulting engineers
in litigation arising from one of the UK's largest ever land
remediation projects; and for the claimant liquidators in the
BCCI audit negligence claim.
Intellectual property, media and entertainment
Cases in this area typically involve copyright and related rights,
and contractual disputes in the music, film/TV and "new
media" industries. Richard also has experience in other
areas of IP and similar work, including design right and registered
designs, trade marks, passing off, and breach of confidence.
He has been instructed from time to time by high profile entertainers
seeking protection from harassment and other forms of intrusive
behaviour.
Richard is listed in the Legal 500 as a leading junior
in media and entertainment work.
Current and recent work includes:
- Acting
for songwriter and music publisher defending claim brought
by former band member alleging joint authorship of a very
well known, iconic single from the late 1960s
- Acting
for the estate of a deceased rock star in claim for under-accounting
and breach of fiduciary duty by publisher and record company
going back many years
- Advising
well known entertainers as to potential grounds for avoidance
or termination of publishing, recording and production agreements
- Acting
for claimants in patent ownership dispute involving numerous
IP, company law, insolvency and trusts issues
Cases
include:
- Lifeline
Gloves Ltd v Richardson [2005] EWHC 1524 (Ch). Claim
involving issues of construction of a patent for surgical
gloves and associated commercial agreements; indemnity costs
- Racing
UK Ltd v Doncaster Racecourse Ltd [2004] EWHC 2813 (QB).
Claim concerning satellite broadcasting rights to Doncaster
Racecourse
- AAH
Pharmaceuticals v Vantagemax Plc [2002] EWHC 990 (Ch).
Registered trade marks; whether marks identical; whether
services identical; revocation for non-use; summary judgment
- Bridgeman
Art Library Ltd v Corel Corporation (1998) 36 F. Sup.
2d 191 (amicus brief). Subsistence of copyright in photographs
of Old Master paintings
- Creation
Records v News Group Newspapers [1997] EMLR 444, The
Times 29 April 1997 Breach of copyright, breach of confidence
in subject-matter of photo-shoot for Oasis album cover
Awards
and scholarships
Research
Scholar, Trinity College, Cambridge, 1988
Queen Mother's Scholar, Middle Temple, 1992
Other
information
Before
coming to the Bar, Richard worked for a dealer in Old Master
and British pictures, acquiring experience of fine art auctions
and the art market generally.
Languages
French
(fairly fluent).
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