Richard Leiper QC

Professional Summary

Called 1996 Appointed QC 2017

Contact Details

E T +44 (0)20 7632 8500 Clerk Martin Pownall Clerk Harry Gilson E

Richard is a litigator and advocate, both in the High Court and Employment Tribunals, as well as in appeals.

He has a wide-ranging practice, acting for individuals and for businesses. Recent cases encompass the duties of senior employees, directors, and shareholders; confidential information and restraint of trade; complex discrimination and whistleblowing claims; penalty clauses; and professional negligence by solicitors.

He is regularly involved in all stages of a claim, from initial advice and pleading, interim applications, mediations to speedy trials and appeals.

In the Who’s Who Legal UK Bar Report 2018, Richard was identified as one of the 10 most highly regarded silks in employment law.

Specialisms

Employment

Richard has substantial experience in all aspects of employment law, both statutory and common law, appearing at every level. From 2005 onwards he has advised in very long-running equal pay disputes. He continues to appear in long employment tribunal claims, predominantly those involving discrimination and whistleblowing claims, acting both for employer and employee. Appellate cases have included:

  • Capita v Darch [2017] IRLR 719, [2017] EWHC 1248 (Ch), Richard acted for the new employer, resisting an interim application for springboard and other relief made by the former employer of a group of transferring employees.
  • Clements v Lloyds Banking plc [2014] ICR D22, upholding a decision that a constructive dismissal had not been infected by an age discriminatory comment
  • Rabobank v Docker [2011] EqLR 580, upholding a decision that the claimant was dismissed on grounds of his (British) race
  • Redcar & Cleveland Borough Council v Bainbridge [2009] ICR 133, one of the leading cases in equal pay litigation

Financial Services Regulation

Richard is a co-editor and substantial contributor to the recently published “Conduct and Pay in the Financial Services Industry”, published in the Lloyd’s Commercial Law Library. The book reflects his expertise in this field, advising in particular on all aspects of the Senior Managers Regime, the Certification Regime and remuneration issues (arising both under the remuneration codes, including malus and clawback, and the common law). He has been involved in some of the leading cases on City bonuses, including:

  • Clark v Nomura International plc [2000] IRLR 766, the seminal case on the implied term not to exercise a discretion irrationally
  • Commerzbank AG v Keen [2007] ICR 623, in which the Court of Appeal refined the practical operation of the irrationality test and considered a duty to give reasons as an aspect of the trust and confidence term
  • Paturel v DB Services (UK) Ltd [2016] IRLR 286, applying the Supreme Court’s decision in Braganza to allow for the irrationality test to include the question of relevant and irrelevant considerations

Commercial

Richard has an extensive High Court commercial practice, appearing in the Commercial Court, Queen’s Bench Division, Chancery Division and the Technology and Construction Court, as well as in arbitrations. His core practice centres on the relationship between the individual and the corporate body: directors’ duties, shareholders’ disputes, the economic torts, protection of confidential information and restraint of trade. Nevertheless, the subject matter is diffuse, from solicitors’ negligence to the heat treatment of torsion bars. He has considerable experience in dealing with injunction applications, both with and without notice. Examples of longer cases include:

  • Richards v IP Solutions Group Ltd [2017] IRLR 133, a trial raising issues of wrongful dismissal, directors’ conduct and the interpretation of articles of association
  • Cavendish Square Holdings BV v Makdessi [2016] AC 1172, the leading Supreme Court decision on the penalty rule
  • Makdessi v Cavendish Square Holdings BV [2013] EWCA Civ 1540, the first Court of Appeal decision on an application for permission to commit under the new CPR Part 81
  • Lonmar Global Risks Ltd v West [2011] IRLR 138, a trial in a team move case involving allegations of breach of fiduciary duty and conspiracy

Recommendations

“… very clear on his feet. He is extremely incisive and a joy to work with.” Chambers & Partners

“Exceedingly well prepared.” Chambers & Partners

“A brilliant communicator in and out of court.” Legal 500

“Fantastic. A really bright, clever and responsive barrister. Exactly what one wants from counsel.” Chambers & Partners

“Very approachable and pragmatic.” Chambers & Partners

“A brilliant, clever and supportive lawyer” Legal 500

“He is widely identified by peers as an impressive advocate who is formidable in cross-examination. He has a very broad employment practice, with particular expertise in difficult restrictive covenant issues and high-profile discrimination claims.

Strengths: ‘An excellent mind, an accomplished cross-examiner and a master of equal pay issues.’ ‘The leading junior at the Employment Bar without doubt – he is a QC in a junior’s clothing.’”

For the second consecutive year, Richard was the only “starred junior” in Employment Law. Chambers and Partners

“Brilliantly articulate, incredibly responsive, really, really clever, and very versatile.” Chambers and Partners

Legal 500 (band 1)

“a ‘class act’ and admired by his clients for his ‘creative’ approach”

Who’s Who Legal UK Bar 2016 (most highly regarded leading juniors, Labour and Employment)

“the all-round package and you can be confident when you use him that you’ll get the desired result” Chambers & Partners Bar 100

Other directory comments have included:

  • “very impressive, very robust and also client-friendly”
  • “’greatly respected’ by his peers”
  • “calm, authoritative, strategically astute and a brilliant advocate”
  • “absolutely top of the game and very impressive on his feet”
  • “super-clever, incredibly focused and hardworking”
  • “bright, articulate and a real team player”
  • “the complete package”

Cases

DHL Supply Chain Ltd v Secretary of State for Health and Social Care
[2018] EWHC 2213 (TCC)
Application for summary judgment and a cross-application for the lifting of the automatic stay under the Public Contracts Regulations 2015, concerning a procurement exercise for the provision of logistics services to the NHS with a value of £730m.

Reading Borough Council v James
[2018] IRLR 790, [2018] ICR 1839
Richard acted for the Council in its appeal challenging the proper extent of an equal pay comparison between a female claimant and a male comparator doing work of equal value who is promoted out of the job, leaving other viable comparators in place (ie the scope of the Sorbie principle). The judgment was given by the President, Simler J.

Gascoigne v Addison Lee Limited
UKEAT/0289/17, 11 May 2018, [2018] ICR 1826
Richard acted for the appellant/respondent company in this significant ‘gig economy’ case on the worker status of cycle couriers.

Hallett v Derby Hospitals NHS Foundation Trust
[2018] EWHC 796 (QB) [2018] 3 All ER 895 [2018] Med LR 451
This was recognised by Simler J as a test case raising a question of some importance, of significance across the whole NHS, concerning the monitoring and pay of junior doctors’ breaks. Richard, leading Joseph Barrett, successfully resisted a representative claim backed by the BMA that the system for monitoring breaks was a breach of the claimant’s contract.

Pease v Henderson Administration Limited
[2018] EWHC 661 (Ch), 28 March 2018
Richard, leading Zac Sammour, acted for the successful claimant, an investment fund manager who brought claims for breach of contract against his former employer arising out of its failure to pay him around £4 million in management fees (which it had purported to defer and forfeit on termination), and its failure to allow him to replace the manager of a £1 billion investment fund on termination of his employment. The company’s counterclaim for unpaid management fees failed.

Faieta v ICAP Management Services
[2017] EWHC 2995 (QB), [2018] IRLR 227, QBD, December 6 2017
Employer had not breached an implied duty of rationality in deciding to place the claimant on garden leave.

Capita v Darch 
[2017] IRLR 719, [2017] EWHC 1248 (Ch)
Richard acted for the new employer, resisting an interim application for springboard and other relief made by the former employer of a group of transferring employees.

Richards v IP Solutions Group Limited 
[2016] EWHC 1835 (QB)
Wrongful dismissal of founders of a business who, following sale, had become shareholders, directors and employees of the company acquiring that business.

Paturel v DB Services (UK) Ltd 
[2016] IRLR 286 , [2015] EWHC 3659 (QB), QB, November 13 2015
Employer not in breach of contract when it exercised its discretion to award a financial trader a smaller annual bonus than was awarded to others.

Cavendish Square Holdings BV v El Makdessi
[2016] AC 1172, [2015] UKSC 67
[2013] EWCA Civ 1539 & 1540
[2012] EWHC 3582 (Comm), [2013] 1 All ER (Comm) 787
Richard acts for the claimants in this claim against a shareholder and former director, alleging that he was a defaulting shareholder and seeking the transfer of his shares.
The trial concerned the enforceability of covenants in a share purchase agreement which were alleged to have been in unenforceable restraint of trade or a penalty.
In a subsequent hearing, the court granted permission for the claimants to bring an application under the new rules relating to contempt of court.
Both issues were the subject of appeals to the Court of Appeal. This was the first case in the Court of Appeal considering the new CPR Part 81.
The Supreme Court’s judgment is confined to the penalty rule and is now the leading case on the subject, defining “the true test” for the application of the rule.

Clements v Lloyds Banking plc
[2014] ICR D22, EAT, April 30 2014
An employment tribunal had been entitled to find that a manager’s remark had constituted age discrimination and that the employee had been constructively dismissed, but that the discriminatory act had not caused the constructive dismissal.

Farnon v Devonshires
[2011] EWHC 3167 (QB)
Richard acted for the claimant in her claim against a firm of solicitors for advice she received in relation to her membership of a limited liability partnership.

Rabobank v Docker
[2011] EqLR 580
The EAT rejected a challenge to the Judgment of the Employment Tribunal in which it found that the Bank had discriminated against the Claimant on grounds of his race. Richard acted for the claimant before both the Tribunal and the EAT.

Lonmar Global Risks Ltd v West & others
[2011] IRLR 138
Richard led Michael Lee in this 3 week High Court trial encompassing issues relating to team move, employees’ fiduciaries duties and conspiracy.

Redcar & Cleveland Borough Council v Bainbridge
[2009] ICR 133
This appeal addressed a number of issues central to equal pay, including the lawfulness of pay protection and the application of the doctrine of res judicata. When handing down judgment, Mummery LJ said that in his experience, this case involved “the most complex employment issues ever to have been considered by this court.”

Igen Ltd v Wong
[2005] ICR 931
The leading case on the correct approach to the burden of proof in discrimination cases. This was subsequently applied in Laing v Manchester City Council [2006] ICR 1519, often cited with Igen, in which Richard appeared for the claimant.

News, Articles & Publications

Co-Editor (with Tom Ogg) and contributor, Conduct and Pay in the Financial Services Industry: The Regulation of Individuals, Informa Law from Routledge (2017).

Contributor to Tolley’s Employment Handbook (2015).

Memberships

Employment Law Bar Association (and its Chair from 2013-2015)

Employment Lawyers Association

COMBAR

Financial Services Lawyers Association

 

Other

Recorder, Crown Court, 2018

Chair of the Advisory Council of the Litigant in Person Support Strategy

X

Regulatory Information

All members of Chambers are registered with the Bar Stardards Board of England and Wales. For general terms and conditions on which services are provided - click here

Professional title: Barrister

Full name (as registered with Bar Standards Board of England and Wales): Richard Leiper QC

VAT Number: GB 802883233

Legal Status: Sole Practitioner

Professional Insurance: All members of Chambers have professional liability insurance provided by the Bar Mutual Indemnity Fund Ltd - click here for more details

Territorial coverage is world-wide, subject to the terms of the Bar Mutual, which may be found here

Should you wish to make a complaint - click here