K7010 3PB Richard Whitehouse Pupil Barrister

Richard Whitehouse

Year of Call: 2009
Solicitor: 2011
Email Address: richard.whitehouse@3pb.co.uk
Telephone: 0117 928 1520

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Commercial

Richard has an extensive commercial practice that covers all types of business and commercial disputes, with a particular emphasis on contract, misrepresentation, partnership and director disputes. He regularly advises and represents businesses in both the County Court and High Court.

From his time working as a Solicitor-Advocate, Richard has significant experience of alternative dispute resolution and, in particular, representing clients at mediations.

Commercial Disputes

Richard has experience of a wide range of commercial disputes, including claims relating to:

  • Agency
  • Consumer credit agreements
  • Construction of contracts
  • Debt recovery
  • Economic torts
  • Estoppel
  • Guarantees and indemnities
  • Misrepresentation and mistake
  • Restitution
  • Restrictive covenants and breaches of fiduciary duties
  • Sale of goods and supply of services
  • Trusts.

Notable and Recent Cases

  • High Court claim involving diversion of business opportunities and breach of fiduciary duties arising from a team move to a competing business
  • Many cases involving breaches of post-termination restrictive covenants, misuse of confidential information, breaches of confidence claims and economic torts, giving rise to claims for injunctions (including springboard relief), delivery up and claims for accounts of profits
  • Multi-day High Court trials in relation to complex commercial contract disputes
  • A misrepresentation and breach of contract claim relating to a £100,000 Rolls Royce
  • A multi million dollar Director’s bonus dispute
  • Claims involving conveyancing transactions, specific performance and rectification
  • A trial in relation to discharge of a contract by frustration
  • Property misrepresentation claims involving representations made on property information forms and to enquiries by solicitors
  • Breach of contract and debt claims arising from commercial contracts, including those relating to recruitment agencies involving substantial transfer fees
  • Claims in relation to the design, manufacture and supply of commercial machinery and equipment
  • Misrepresentation and breach of contract claims in relation to a Share Purchase Agreements
  • Disputes relating to exemption clauses and unfair contract terms
  • Claims in relation to advertising agreements and commission
  • Construction disputes in relation to insulation and cladding
  • Commercial arbitrations.

Professional Risk

Richard has particular expertise in relation to professional negligence cases. He has extensive experience of dealing with claims against all professionals including; barristers, solicitors, accountants, brokers, insurers, architects, surveyors and other construction specialists.

Lawyers

Richard’s experience as a Solicitor-Advocate is invaluable to professional negligence claims against lawyers, having been instructed on claims relating to employment, commercial litigation, property disputes, family and personal injury claims.

He has dealt with:

  • Lost and/or mishandled litigation claims, including under-settlement claims, missed limitation and failure to advise about funding and costs
  • Claims involving errors with leasehold transactions, including negligence relating to lease extensions
  • Claims regarding the failure to advise about commercial and residential landlord and tenant matters
  • Claims in relation to incorrect advice about undue influence and trusts
  • Claims regarding incorrect advice and drafting in relation to overage agreements
  • Claims by disappointed beneficiaries as a result of failures in drafting wills and claims arising from mishandled probate disputes, which often involve limitation issues
  • Claims by and against buyers arising from conveyancing transactions concerning freehold and leasehold property, particularly concerning failure to advise on searches, rights of way and restrictive covenants
  • Mishandled family divorce and financial proceedings
  • Claims arising from mishandled business sales.

Accountants

Richard has handled a variety of claims, including:

  • Claims involving the negligent preparation of management accounts and cashflow forecasts
  • Acting for a company against accountants, in relation to incorrect VAT advice
  • Acting for an individual against accountants, arising from incorrect tax advice and issues involving Entrepreneurs’ Relief.

Surveyors, Valuers and Architects

Richard has acted in:

  • Claims by purchasers of residential and commercial properties against surveyors arising from pre-sale surveys
  • Claims involving the negligent valuation of premiums required for the extension of leases and incorrect advice about the appointment of premiums
  • A claim against an expert witness arising from a planning dispute
  • Claims against architects regarding incorrect design drawings and advice in relation to both domestic and commercial projects.

Insurance Brokers and Insurers

Richard has advised, and acted for and against, brokers and insurers in claims for failure to implement the correct insurance cover, and for a broker in a claim regarding the failure to advise on the financial status of an insurer.

  • Publications
    • 12th Feb 2019

      Commercial update - Richard Whitehouse: Scope of duty in professional negligence: the return of “advice” versus “information”
      In the first case on scope of duty in professional negligence since BPE Solicitors v. Hughes-Holland, has the Court of Appeal returned to the classic distinction between ‘advice’ and ‘information’ cases? Richard Whitehouse analyses the recent decision in Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40.

      View Publication
    • 2nd Nov 2018

      Commercial update: Professional negligence – Solicitors’ duty to warn of risks incidental to their retainer

      When will a solicitor need to give a warning to his client about obvious risks that come to his attention when performing his retainer, but which he has not been formally retained to advise on? Richard Whitehouse analyses the Court of Appeals recent decision in Lyons v. Fox Williams LLP [2018] EWCA Civ 2347.

      Richard is a Commercial Law barrister specialising in professional negligence and business disputes.

      View Publication
    • 21st Dec 2017

      Commercial update - Richard Whitehouse: Valuers’ negligence in the Supreme Court
      The Supreme Court has again reconsidered causation and loss, in the context of a professional negligence claim against a valuer. Richard Whitehouse analyses the recent decision in Tiuta International Limited (in liquidation) v De Villiers Surveyors Limited [2017] UKSC 77.

      View Publication
  • Recommendations

    "3PB's 'commercial, pragmatic, and user-friendly' Richard Whitehouse is recommended for breach of contract claims, representing clients across a range of industry sectors. Recent work has included claims relating to negligent installation of amenities, cross-jurisdictional claims, and asset purchase agreements."

    ‘Combines solid, pragmatic commercial strategy with detailed legal knowledge.’

    Legal 500 2021/Commercial Litigation/Western Circuit/ Tier 2

    "At 3PB, Richard Whitehouse 'deals with factually and legally messy disputes with ease and tenacity' and provides 'excellent quality of advice tempered with a pragmatic application to real world scenarios'. A former solicitor, Whitehouse represents clients in litigious and non-contentious disputes including actions against professionals for breach of contract, trust, and fiduciary duty. He is regularly instructed in complex, high-value commercial disputes by insurers, companies, law firms, and other professionals, including barristers, surveyors, architects, accountants, and brokers."

    ‘He takes a proactive and practical approach throughout the claims process and regularly receives praise from lay clients and instructing solicitors. His attention to detail and turnaround timescales are second to none.’

    Legal 500 2021/Professional Discipline/Western Circuit/Tier 1

    Client Testimonials

    “Impressive”

    “Calm, professional and well prepared”

    “Great with clients and is always able to put them at ease”

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  • The Legal 500 - Leading Set 2021 Logo

Academic qualifications

  • Bristol University – Law LLB (2:1)
  • BPP Law School – BVC (Very Competent)

Professional qualifications & appointments

  • ADR Group Accredited Civil & Commercial Mediator

Professional bodies

  • Professional Negligence Bar Association
  • Western Circuit

Direct Access

Richard Whitehouse is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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