Richard Clayton KC

Richard is an experienced commercial litigator/arbitrator and undertakes a wide range of advisory and complex commercial disputes work. He is a specialist in all aspects of disputes but particularly in the areas of international (including offshore), data protection, civil fraud, breach of directors duties, insolvency, shareholder and general commercial contract disputes. Richard focuses on commercial work with a state element such as cases where the state is a party or where there is a regulatory or statutory element eg healthcare, pharma-related regulatory or contractual matters; environmental issues or public international law, building on his strong public law experience.

Richard has extensively worked in other jurisdictions outside England, including the Caribbean (Anguilla, Bahamas, Belize, Cayman, St Vincent, Trinidad, Turks & Caicos), Canada, United States, Channel Islands, Gibraltar, Hong Kong and Isle of Man.

Richard has been listed in both Legal 500 and Chambers and Partners directories and they describe him as “one of the finest minds at the Bar… an intellectual giant who is an asset to the Bar” Chambers and Partners (2019), “Richard is very thorough and well versed with judicial review applications” “bright, creative and wonderful to work with” Chambers and Partners (2022), “… a charming advocate and tackles difficult cases fearlessly.” Legal 500 (2021), “He’s willing to listen, tactically astute, knows a lot about core procedure and is good at identifying the key issues of a case.” Chambers and Partners (2020) and “A very knowledgeable silk” Legal 500 (2020).

Further information

Appointments

Deputy High Court Judge (2012)
Recorder (Crown Court) (2006)
Kings Counsel (2002)
United Kingdom’s representative to Venice Commission (Council of Europe’s advisory body on constitutional law) (2011- 2019); Member of Executive and Chairman of Working Methods Sub-Commission
Bencher, Middle Temple (2009)
Visiting Professor, University College, London (2015 to date)
Chairman, Constitutional and Administrative Bar Association (2008-2010)
Associate Fellow, Centre for Public Law, University of Cambridge since 2001
Chairman, Bar Council Committee on Civil Legal Aid 2005-2012
Vice Chairman Bar Council Remuneration Committee 2006-2008
Bar Council Remuneration Committee 2005 to 2010
Bar Council Public Affairs Committee 2006-2007
Bar Council International Affairs Committee 2008-2010
Bar Council 2004-2007

Recent Publications/Papers

International

Richard is instructed in many high-profile cases in Trinidad. He is currently instructed to defend a senator defamation proceeding brought by the Prime Minister and in allegedly unlawful cartel arrangement concerning several construction contracts on behalf of a former Minister.

Richard was the United Kingdom representative to Venice Commission (Council of Europe’s advisory body on constitutional law) from 2011 to 2019. The Commission comprises independent experts in the field of constitutional law. Richard was a member of its Executive and Chairman of its Sub-Commission on Working Methods. He worked as a Rapporteur in Opinions concerning conscription and freedom of thought (Armenia), freedom of assembly (Russia), freedom of expression and defamation (Azerbaijan) (Italy) and judicial independence and mediation (Tajikistan), freedom of association and NGOs (Azerbaijan), (Hungary) and Romania and the rule of law crisis in Poland Malta and Slovakia.

Recent cases include:

Recently advised on high value cross border fraud claim
Responsible Development to Abaco v Rt Hon Perry Christie (2022) (PC)(Constitutional challenge to Bahamas’ security for costs orders in environmental cases)
AG of Anguilla v Lake (2021) (PC) (compulsory purchase compensation acting for AG)
Seepeersad v AG of Trinidad (2021) (PC decide important case on right to protection of law, holding that it is breached by detaining juveniles in adult prison)
Hapgood v AG of Anguilla (2021) (AG successfully persuades PC to refuse permission to appeal to alleged contempt is a “criminal cause”)
Cassaglia v Stanetto v Gibraltar Heath Authority (2021) (Gibraltar CA considers important issues arising out of first case on Gibraltar’s Bullying at Work Act 2014)
Allen and Wood v Panorama (2021) (Gibraltar CA on a constitutional right to a jury trial in defamation cases)
Garcia v Commissioners of Inquiry (2019) (Trinidad defending Commission against judicial review of its inquiry into Las Alturas Towers in Trinidad)
Hart v Commissioners of Inquiry (2019) (successfully defend Commission against judicial review of its inquiry into Las Alturas Towers in Trinidad)
Maharaj v Petrotrin Company of Trinidad (2019) (PC) (freedom of information)
Commissioner of Police for Trinidad v Singh (2019) (PC) (discrimination)
Gopeesingh v Al Rawi (2019) (Trinidad CA- election bias application against Chief Justice)
A-G of Trinidad v Maharaj (2018) (PC) (judicial appointments of Supreme Court judges – Privy Council)
Seepersad v Ayers-Ceasar (2018) (PC) (interim constitutional remedies)
Central Broadcasting Services v A-G of Trinidad (2018) (PC) (damages for breach of freedom of expression
Mohammed v Public Service Commission of Trinidad (2017) (PC) (separation of powers)
R v Misick (2014) (8-day hearing before CA in Turks and Caicos)