Profile description
He has extensive experience in conducting Supreme Court and Privy Council appeals and Lord Wilson in Mohammed v Public Service Commission of Trinidad [2017] UKPC 31 said “Mr Clayton QC with the charm and skill which is characteristic of him.” Chambers Directory 2019 describes Richard as “one of the finest minds at the Bar… an intellectual giant who is an asset to the Bar” and in 2018 said he was “very sharp when it comes to tactics. He is very good at guiding you on what the judge is likely to be thinking, his “command of the subject is almost second to none. He’s thoughtful, approachable, and very client-focus”, “affable and has a mature approach” “calm, reliable and consistent” and “ has a very wide knowledge of the law.”
Business
Richard has experience of all types of complex commercial cases with significant experience of commercial contract disputes. He has particular expertise in contractual issues which arise in the public sector including high profile employment disputes and public procurement work. Richard works with Chambers’ juniors across the ambit of commercial / chancery litigation and undertakes emergency injunction work such as freezing and seizure orders. He represents commercial clients in disputes concerning contractual construction, public international law, restitution, shareholders’ rights and statutory construction.
Current cases include being instructed as an arbitrator in a commercial dispute between a local authority and a private sector care provider, advising in relation to a £7m claim against two banks alleged to be jointly liable with financial advisors for breach of fiduciary duty, breach of agency and/or on the ground that the banks had notice of the financial advisors’ wrongdoing, he has recently advised various local authorities in relation to procurement issues and is acting in an allegedly unlawful cartel arrangement concerning several construction contracts in Trinidad for former Minister.
Public & regulatory
Richard undertakes a wide range of advisory and litigation work (both for and against public bodies) covering community care, data protection/Freedom of Information, discrimination and public sector equality duties, education environmental, healthcare, human rights, licensing, local government (e.g. vires and powers, constitutional issues and governance, elections, finance), public procurement, international work (particularly constitutional work) and regulatory/disciplinary work.
Administrative and Public Law:
What Chambers and Partners say:
“He is very, very clever”
“He is affable and has a mature approach.” “Calm, reliable and consistent.” “He has a very wide knowledge of the law.”
“A well-respected public lawyer, who is a very vigorous and forceful opponent.”
Praised for his preparation and his ability to manage difficult situations “Brilliant on his feet” “Very likeable and imaginative” He is particularly recommended for thinking laterally on cases: “He’s the sort of guy you’d ring up to find a new point in a case”
Recent judicial review cases of note include:
R (British Homeopathy Association v National Health Service England (2018) (consultation challenge);
R (Page) v Darlington Borough Council (2018) (closure of library services);
R (Watch Tower) v Charity Commission (2016) Court of Appeal (judicial review and alternative remedy);
R (English Bridge Union) v Sports England (2015) (whether Sports England acted unlawfully in refusing to recognise bridge as a sport);
R (Hall) v Leicestershire County Council (2015) (museum closure concerning consultation and alleged breach of Localism Act);
Kennedy v Charity Commission (2015) (Supreme Court- Freedom of Information, Art 10 and common law rights);
R (T) v Trafford MBC (2015) (consultation challenge to local authority cuts).
Civil Liberties:
What Chambers and Partners say:
“He’s an encyclopaedia of human rights law. His strength is his knowledge.”
“Richard is a go-to silk for human rights issues, he is a pleasure to work with and has an instinctive grasp of what the courts will think.”
“He’s very proactive. He’ll think around his cases and come up with creative ideas” “incredibly bright” and has “fantastic academic ability.”
“Clients highlight the confidence they have when instructing him. He undertakes a balance of work for both claimants and defendants, and has appeared in the Caribbean, Hong Kong and the Privy Council, as well as in numerous matters in the domestic court”
Recent human rights and civil liberties cases of note include:
A-G of Trinidad v Maharaj (2018) (judicial appointments of Supreme Court judges);
Seepersad v Ayers-Ceasar (2018) (interim constitutional remedies);
Central Broadcasting Services v A-G of Trinidad (2018) (damages for breach of freedom of expression);
Mohammed v Public Service Commission of Trinidad (2017) Privy Council (separation of powers);
Tayo v Charity Commission (2017) (discrimination);
Magyar Helsinki v Hungary (2016) (Art 10 and right of access to official information before Grand Chamber of European Court of Human Rights);
Kennedy v Charity Commission (2015) (Supreme Court- Freedom of Information, Art 10 and common law rights);
Local Government:
What Chambers and Partners say:
Particularly instructed for vires and procurement law matters- a “delightful and talented advocate.”
A “razor-sharp mind” and an “extremely accessible manner, he is never short of work.”
He has a huge fan base of local authorities happy to sing his praises. “He is extremely bright and very creative in finding workable solutions to tricky problems”
