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Richard Power, Head of Chambers

  • Clinical negligence  

    Clinical negligence

    For many years Richard has advised and represented clients in connection with all types of clinical negligence cases. As examples, his cases have involved:

    • pre-natal failure to detect a chromosomal defect
    • failure to diagnose meningitis
    • failure to diagnose chondrosarcoma
    • failure to detect subarachnoid haemorrhage resulting in catastrophic brain damage
    • a sex-change operation that went wrong
    • cases involving hip replacement
    • urological cases
    • surgical instrumentation left inside a patient
    • failure to prevent a patient attempting suicide

    Richard has also represented doctors and nurses in disciplinary proceedings.


    Some related cases:

    • Edwards -v- Nottingham University Hospitals NHS Trust, 2013, surgical instrumentation left inside a patient
    • Noon -v- Cwm Taf LHB, 2013, a failure to detect a chondrosarcoma of the hip masked by arthritis, and whether a total hip replacement operation contributed to the spread of metastates.
    • Prior-Egerton v Conway & Denbighshire NHS Trust, a sex-change operation that went wrong.
    • Conway v Cardiff & Vale NHS Trust, a failure to detect a congenital chromosomal defect in a pre-natal test.
    • Bradshaw v Glan Clwyd DGH NHS Trust, a failure to diagnose a rupture of a ureter in a child following a motor accident.
  • Property  

    Property

    Richard represented the successful Appellant, Patricia Jones, in the leading Supreme Court decision on the assessment of the beneficial interests of unmarried couples cohabiting in the family home.  After three appeals Patricia Jones recovered 90% of the beneficial interest in the family home.

    • Jones -v- Kernott [2011] UKSC 53 - the report of the Supreme Court decision (click here for the judgment)
    • Kernott -v- Jones [2010] 1 WLR 2419 - the Court of Appeal decision
    • Kernott -v- Jones [2010] 1 WLR 2401 - the High Court decision


    Richard has advised and represented a number of clients in connection with disputes concerning trusts of land and beneficial interests in property.  He has also written a number of articles and delivered a number of seminars and webinars on cohabitation.  (To view a webinar please click here)

    An article on Jones -v- Kernott in The Round-Up is available here.

    He also advises in connection with:

    • Constructive trusts
    • Proprietary estoppel
    • Restrictive covenants
    • landlord and tenant
    • commercial leases
    • residential leases
    • forfeiture
    • wayleave agreements (the 'Telecommunications Code’ and the ‘Electronic Telecommunications Code’)

    News & Resources

  • Intellectual Property  

    Intellectual property

    Richard is a member of the Intellectual Property, Media & Entertainment group.

    Related cases include:

    • Easygroup IP Licensing Ltd -v- Eze Europe Ltd - advising whether use of the name “Eze” infringed trade marks registered in the name of the Easy Group (Easyjet and others).
    • Mosley Trading Co Ltd -v- Magical Investments Ltd and others - a trade mark infringement dispute in the Chancery Division over the use of the name “Vancouver” for furniture in class 20.  Confidential settlement in December 2011.
    • Beyond the Frame Ltd -v- People for the Ethical Treatment of Animals (PETA) Foundation - a case involving the infringement of copyright in a film.
    • A dispute between building developers over the copyright in architect’s drawings.


    Richard accepts instructions direct from members of the public (please see Areas of Expertise) with queries or disputes concerning intellectual property rights, for example in relation to trade mark or copyright issues relating to websites.

  • Professional negligence  

    Professional negligence


    Richard advises in connection with allegations of negligence against solicitors, particularly in connection with property-related disputes and the quality of advice given to prospective co-habitees.

    • failure by solicitor to advise whether a trust deed between potential co-habitees was needed
    • failure by solicitor to advise on the consequences of transferring property to be held as joint tenants or tenants in common in equal shares.

    Richard has also represented solicitors before the Solicitors’ Disciplinary Tribunal.

  • Costs  

    Costs

    Richard has advised for many years in relation to the law of costs, appearing in the Senior Courts Costs Office on many occasions, and has been included in the Legal 500 in relation to costs for many years.

    Related cases include:

    • Chattin -v- Swaffield and others, 2013, an action to recover monies paid by way of interim payments to a solicitor who subsequently went bankrupt, involving a ‘successor practice’ dispute between insurers, and whether there were breaches of the Solicitors Accounts Rules.  Confidential settlement with the solicitor’s insurers.
    • Gregson -v- Hussein [2010] EWCA Civ 165, a case concerning costs in exaggerated or fraudulent claims.
    • Findley v Barrington Jones & MIB (2009) EWHC 90130 (Costs), a case concerning the enforceability of a second CFA entered into because the first was thought to be defective, and because the original claimant was discovered to lack capacity and required a litigation friend.
    • Wood v West Midlands Police, 2005, a case in which approximately £1 million in legal costs was incurred to recover damages in a libel case of approximately £46,000, raising the question of CFAs in libel cases.
    • Lynch v Paul Davidson Taylor (a firm) [2004] 1 WLR 1753, the proper construction of section 74(3) of the Solicitors Act 1974, before Hughes J.
    • Alpacas Ltd v Sir John Wilsey LTL 8/9/2003, the meaning of ‘costs of the action’.
  • Public Access  

    Pubic Access

    Richard accepts instructions direct from members of the public in suitable cases under the Public Access Rules and can advise them on how to pursue their own litigation themselves without the assistance or cost of a solicitor.  Richard has advised or acted for members of the public without a solicitor in the following cases:

    • disputes between co-habitees concerning the extent of their beneficial interests in jointly owned property
    • a landlord and tenant dispute between a resident’s association and a troublesome tenant
    • solicitor’s ex-client trying to recover money held by solicitor
    • solicitors’ clients disputing their solicitors’ bills of costs
    • a contractual dispute between restaurateurs
    • a building dispute between a builder and his client
    • queries involving trade mark or copyright issues particularly in connection with the internet and websites

Profile

Richard was elected Head of Lamb Chambers in May 2016.

Richard has a wide practice comprising clinical and professional negligence, property, intellectual property and costs.  He has appeared at all levels including the Supreme Court, the Court of Appeal and the High Court.  He regularly appears in the Senior Courts Costs Office.

He represented the successful Appellant, Patricia Jones, in Jones -v- Kernott [2011] UKSC 53 in the Supreme Court having also represented her in the county court, the High Court and the Court of Appeal.

He has been included in the Legal 500 for many years as a leading junior in the personal injury and costs sections.

Further information

Interests

Sailing, tennis, playing folk music on fiddle & uilleann pipes, & rugby.

News & Resources

Richard Power


View all Areas of expertise

Year of Call 1983

Email

richardpower@lambchambers.co.uk

Contact clerk

Philip Alden

020 7797 8301

VAT Reg No

397246511

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