Richard Clegg

1999

Selborne Chambers
10 Essex Street
London WC2R 3AA
Email Richard Clegg
020 7420 9500

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Chambers & Partners 2019Legal 500 2019

Richard is an experienced commercial and property litigator. He is ranked by both the Legal 500 and Chambers UK, and specialises in commercial disputes, often involving an international element, and property disputes, frequently when arising as part of a commercial transaction.

Clients quoted in the guides describe him as “excellent on his feet”, “commercially minded and efficient” and “talented, clever and very good at what he does”.

Disputes on which Richard acts are frequently in the context of joint ventures, supply and distribution agreements, commodities, energy and other resources. He is often instructed when issues of evidential or technical complexity arise, or when creative strategic thinking is required.

Amongst his recent cases, Richard was instructed by a foreign government in a seminal ICSID investment arbitration relating to the construction of a gas pipeline; a case that considered for the first time a number of issues concerned with state expropriation of property, such as adjudicating on the (international) lawfulness of decisions of local courts, and the enforcement of commercial arbitration awards through treaty arbitration.

He is an author of the Practical Law Company’s guidance in the UK and US on international arbitration and the drafting of arbitration agreements, and writes and gives seminars on litigating commercial and property disputes.

A keen interest in motorsport has led to a number of related cases, involving driver, engineering and sponsorship contracts and the ownership of a Le Mans winning chassis.

Richard has a working knowledge of Cantonese Chinese.

Areas of practice:

    • Commercial litigation and arbitration
    • Construction contracts
    • Joint ventures
    • Shareholder disputes
    • Insolvency
    • Property

Selected publications

Author for the Practical Law Company’s international arbitration service in the UK and US on international arbitration and the drafting of arbitration agreements.

Please see Richard’s Privacy Notice here.

Notable cases

Zarbafi v Zarbafi [2014] EWCA Civ 1267 (CA)
(sham transactions and summary judgment)

ICC arbitration in London over a distribution agreement representing a European manufacturer (2013)

Stickley v Barclays Bank (2013), LTL 9/5/2013, (Registrar Derrett)
(the circumstances in which a lender may incur a direct duty in relation to the sale of security notwithstanding the appointment of Receivers)

Fitzwilliam v Richall Holdings Services [2013] 1 P&CR 19 (the effect of the ‘statutory magic’ of registration as proprietor under the Land Registration Act 2002 where the underlying transaction is fraudulent)

LCIA arbitration proceedings in London over a financial services contract representing a Jersey company (2012), and ICC arbitration proceedings in London over a distribution agreement representing a European manufacturer (2012)

Represented a South Korean conglomerate in ad hoc arbitration proceedings in Singapore (2012) (million+ US$ claim over a commodities supply agreement)

Twenty Two Clifton Gardens Ltd v Thayer Investments SA [2012] 2 EGLR 56 (the operation of leasehold service charge provisions in respect of legal costs)

Represented a Japanese bank in an arbitration in Singapore under the SIAC rules (2010) (million+ US$ claim and counterclaim concerning the sale and detention of a ship)

Michael Gerson (Leasing) v Greatsunny [2010] 3 WLR 1147 (Ch); [2011] EWCA Civ 416 (CA) (equipment leasing and the proper interpretation of s.196 of the Law of Property Act 1925)

Gateshead Talmudical College v HMRC [2010] UKFTT 244 (TC) (expert evidence on land law before a VAT tribunal)

Saipem S.p.a. v The Government of Bangladesh 25 June 2009, ICSID Case No. ARB/05/7 (a multi-million US$ ICSID arbitration concerning the construction of a gas pipeline in Bangladesh)

Rahman v QC Container Line (2008), High Court
(a multi-million US$ claim relating to the financing of a shipping feeder service from Singapore)

Goldengrove Estates v Chancerygate Asset Management (2007) Chancery Division
(a claim for an introduction fee by a BVI company in a multi-million £ property transaction)

Turkey v Awadh [2005] 2 P & CR 29; [2005] EWCA Civ 382 (Court of Appeal)
(Leading case on presumed undue influence)

Mehra v Shah [2004] EWCA Civ 632 (Court of Appeal)
(Trusts of land and partnership)

Re Arrows Grand Prix International Ltd [2002] EWHC 1752 (Etherton J)
(Insolvency Proceedings brought by Formula One racing driver Jos Verstappen)

Berg v IML London [2002] 1 WLR 3271; [2002] 4 All ER 87 Queen’s Bench Division (Stanley Burnton J)
(Recusation for sight of without prejudice material post the Human Rights Act)

Recommendations

“Leading Junior” in Legal 500 and Chambers & Partners Client Guides

“Very bright and very talented.” “He is good with clients and somebody who just rolls his sleeves up.” (Chambers and Partners, 2017)

‘An exceptional junior; his advice and legal submissions are of the very highest order.’ (Legal 500, 2016)

“He is very bright and absolutely dogged, but at the same time personable and user-friendly” (Chambers UK 2015)

“An experienced litigator” (Legal 500 2015)