Richard has a national and international human rights practice. Before domestic courts, he specialises in public law, civil claims against public authorities and inquests. Richard also appears before international courts and tribunals and has expertise in international criminal law, fair trial rights and environmental law.
Richard is a former Judicial Assistant to Lady Hale at the Supreme Court of the United Kingdom. He is ranked for International Criminal Law in Chambers UK (2018) and ranked for Immigration in the Legal 500 (2020).
Administrative and Public Law
Overview
Richard has a broad public law practice, encompassing prison law, asylum and immigration, and planning and environmental law. He has been involved in a number of high-profile judicial reviews raising issues of general public importance.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
R (Davenport) v The Parole Board of England and Wales [2018] 1 WLR 2003
Mr Justice Walker quashed the Parole Board's decision to refuse to direct re-release, agreeing that there had been inadequate analysis of the evidence and no specific findings of fact. Richard was instructed by Bhatt Murphy Solicitors.
R (Steer) v Shepway District Council [2018] EWHC 238 (Admin)
Mrs Justice Lang quashed the decision to grant planning permission for a holiday park in the Kent Downs Area of Outstanding Natural Beauty. Richard and Marc Willers QC were instructed by Richard Buxton Solicitors.
R (Dennehy) v Secretary of State for Justice [2016] EWHC 1219 (Admin)
Mr Justice Singh held that as her segregation had not been lawfully authorised, there had been a breach of Joanna Dennehy's Article 8 rights. Richard and Hugh Southey QC were instructed by Duncan Lewis Solicitors.
R (Chester) v Secretary of State for Justice [2014] AC 271 (Supreme Court)
Although the Supreme Court dismissed the Appellants' appeals, it followed the decisions of the European Court of Human Rights that the UK's blanket ban on prisoners voting in Parliamentary and European Parliamentary elections is incompatible with the Convention. Richard and Hugh Southey QC were instructed by Chivers Solicitors.
R (Cox) v Independent Adjudicator [2013] EWHC 2753 (Admin)
Prisoner's finding of guilt and his additional days quashed where CCTV evidence that could have assisted his case was not made available to him. Richard was instructed by Swain & Co Solicitors.
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Inquests and Inquiries
Overview
Richard specialises in representing family members whose loved ones have died at the hands of the State. He has particular experience of inquests into deaths in custody, restraint deaths and fatal police shootings.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Inquest touching upon the death of Christopher Tyler
At the end of this two-week inquest, the jury concluded that Mr Tyler, a prisoner at HMP Thameside, died "in part because of serious failures in medical care". Richard was instructed by Hodge Jones & Allen Solicitors.
Inquest touching upon the death of Richard Walsh
At the end of this four-week inquest, the jury found that failures by a mental health assessment team amounted to neglect. Richard was instructed by Hickman & Rose Solicitors.
Inquest touching upon the death of Imran Douglas
After three weeks of evidence and four days of deliberations, the jury returned 17 pages of narrative conclusions, criticising the Ministry of Justice, Care UK, the Youth Justice Board and Tower Hamlets Youth Offending Team. Richard was instructed by Hickman & Rose Solicitors.
Inquest touching upon the death of Kingsley Burrell
After a six-week inquest, the jury unanimously concluded that excessive force by the police contributed to Mr Burrell's death, as did delay by police and mental health staff in providing medical treatment. The jury returned a conclusion of neglect. Richard and Karon Monaghan QC of Matrix Chambers were instructed by Bhatt Murphy Solicitors.
Inquest touching upon the death of Cherry Groce
Mrs Groce was shot in her bedroom by the Metropolitan Police, an incident that triggered the 1985 Brixton Riots. The jury found that Mrs Groce's death was contributed to by multiple serious failures by the police in the planning and execution of the armed raid on her house. Richard and Dexter Dias QC were instructed by Bhatt Murphy Solicitors.
Inquest touching upon the death of Jake Hardy
Jake, a vulnerable 17-year-old, hanged himself after staff at YOI Hindley failed to protect him from being bullied. At the end of a six-week inquest, the jury unanimously found that a dozen failures by the prison contributed to his death. Richard and Dexter Dias QC were instructed by Hickman & Rose Solicitors.
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IMMIGRATION: ASYLUM AND HUMAN RIGHTS
Overview
Richard has extensive experience in asylum, immigration and nationality law. He conducts appeals and judicial review proceedings in the Upper Tribunal and the higher courts. He also undertakes claims arising out of immigration detention.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
AD (Sierra Leone) v Secretary of State for the Home Department, C5/2015/0920
Court of Appeal case considering the circumstances in which a mentally unwell person can be deported. Richard and Duran Seddon were instructed by Perry Clements Solicitors.
R (Ismail) v Secretary of State for the Home Department (JR/14215/2015)
Successful judicial review of refusal to treat further representations as a fresh claim in an Iraqi asylum case. Richard was instructed by Duncan Lewis Solicitors.
Immigration detention claim
Claim on behalf of a mother and her two young children who were all subject to two periods of immigration detention. The case settled for over £50,000. Richard and Stephanie Harrison QC were instructed by Bhatt Murphy Solicitors.
MM (Iran) v Secretary of State for the Home Department [2011] INLR 206 (Court of Appeal)
Richard, Leonie Hirst and Hugh Southey QC were instructed by Baker McKenzie on behalf of the intervener, the UN High Commissioner for Refugees, in this case on the domestic effect of a grant by UNHCR of mandate refugee status.
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Prisoners’ Rights
Overview
Richard has a long-standing interest and expertise in prison law, specialising in complex and serious Parole Board hearings and judicial reviews.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
R (Davenport) v The Parole Board of England and Wales [2018] 1 WLR 2003
Mr Justice Walker quashed the Parole Board's decision to refuse to direct re-release, agreeing that there had been inadequate analysis of the evidence and no specific findings of fact.
R (Dennehy) v Secretary of State for Justice [2016] EWHC 1219 (Admin)
Mr Justice Singh held that as her segregation had not been lawfully authorised, there had been a breach of Joanne Dennehy's Article 8 rights. Richard was led by Hugh Southey QC.
R (Chester) v Secretary of State for Justice [2014] AC 271 (Supreme Court)
Although the Supreme Court dismissed the Appellants' appeals, it followed the decisions of the European Court of Human Rights that the UK's blanket ban on prisoners voting in Parliamentary and European Parliamentary elections is incompatible with the Convention. Richard was led by Hugh Southey QC.
R (Cox) v Independent Adjudicator [2013] EWHC 2753 (Admin)
Prisoner's finding of guilt and his additional days quashed where CCTV evidence that could have assisted his case was not made available to him.
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International Crime and Conflict Law
Overview
Richard's practice includes international criminal law and international fair trial cases. He has advised and acted for Governments, international organisations, non-governmental organisations, and individuals.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Advice on potential inter-State claim
Richard, Paul Clark and Dexter Dias QC provided advice to a foreign government on a potential inter-State claim arising out of colonial-era crimes and human rights violations.
Kaytan v Turkey, App. No. 27422/05, judgment of 15 September 2015
The European Court of Human Rights held that the imposition under Turkish law of a life sentence without the possibility of review violated Article 3 of the Convention.
Justin Mugenzi v The Prosecutor, ICTR-99-50-A, the "Government II" case
Richard was part of the defence team instructed by Mr Mugenzi in his trial and appeal before the International Criminal Tribunal for Rwanda. Mugenzi had been the Minister of Trade in the Interim Government of Rwanda during the genocide of 1994. In February 2013, the Appeals Chamber overturned his convictions and ordered his immediate release.
Arrest warrant for war crimes
Richard, Paul Troop and Steve Kamlish QC were instructed to make this successful application for an arrest warrant against a former foreign government minister.
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International Human Rights
Overview
Richard has been instructed in a number of high-profile cases before the European Court of Human Rights and other human rights tribunals.
Notable Cases
Past notable cases can be viewed below. Click here to see a list of recent notable cases.
Portuguese Youth v 33 Respondent States
Groundbreaking application by six young people to the European Court of Human Rights challenging the failure by major emitting States of the Council of Europe to sufficiently reduce their greenhouse gas emissions. Richard, led by Marc Willers QC, is instructed by the Global Legal Action Network.
Advice on potential inter-State claim
Richard, Paul Clark and Dexter Dias QC provided advice to a foreign government on a potential inter-State claim arising out of colonial-era crimes and human rights violations.
Kaytan v Turkey, App. No. 27422/05, judgment of 15 September 2015
The European Court of Human Rights held that the imposition under Turkish law of a life sentence without the possibility of review violated Article 3 of the Convention.
Balaj et al v The United Nations Mission in Kosovo, HRAP/04/07, Opinion of 27 February 2015
The Human Rights Advisory Panel found that in fatally shooting demonstrators in Pristina in February 2007, United Nations Police had violated Articles 2 and 11 of the European Convention on Human Rights. Richard was part of a small team of barristers shortlisted for the Bar Pro Bono Award for their work on this case.
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International Environmental Law
Overview
Since helping to advise climate-vulnerable nations in the negotiations that led to the Paris Agreement on climate change, Richard's international environmental law work has grown into a significant proportion of his practice.
Notable Cases
Portuguese Youth v 33 Respondent States
Groundbreaking application by six young people to the European Court of Human Rights challenging the failure by major emitting States of the Council of Europe to sufficiently reduce their greenhouse gas emissions. Richard, led by Marc Willers QC, is instructed by the Global Legal Action Network.
Carvalho v The European Parliament (Case T-330/18) (“the People’s Climate Case”)
High-profile challenge to emission reduction targets set by the European Parliament and European Council. Richard and Marc Willers QC were instructed by CAN-Europe to draft an application to intervene.
UN climate change negotiations
Richard provided advice through the Legal Response Initiative (LRI) during the negotiations that led to the Paris Agreement on climate change. LRI provides legal support to particularly climate-vulnerable developing countries.
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Pro Bono Work
Overview
Richard was one of the team of barristers who worked pro bono to secure the quashing of the original Hillsborough inquest verdict.
Richard was one of a small team of barristers shortlisted for the Bar Pro Bono Award for their work on the Balaj et al v The United Nations Mission in Kosovo case.
Richard is a representative for Bail for Immigration Detainees.
