Areas of Work

Barrister Profile

Richard Harrison

Year of Call	1991

Profile

Richard specialises in commercial litigation and arbitration, with particular emphasis on insurance, reinsurance and professional negligence. Advisory work includes FSA regulation of the insurance sector and review of policy wordings.

Recommendations

Recommended as a Leading Junior in Insurance and Reinsurance by the Legal 500 and Chambers UK.

"combines technical capability with being very user-friendly; a modern-day senior junior" Insurance and Reinsurance, Legal 500

"...provides clear, concise and practical advice" and "gets top marks for judgement, balance and application" Insurance and Reinsurance, Legal 500

"expresses sound and reliable opinions and brings bright and innovative ideas to a case" Insurance and Reinsurance, Chambers UK

"...Richard Harrison very succinctly sums up matters in a fair way to the court" Insurance and Reinsurance, Legal 500

Areas of Practice

Insurance and reinsurance

Richard has wide experience of advising on and arbitrating/litigating disputes in the insurance and reinsurance fields. His caseload in 2011-12 includes coverage disputes arising from the banking and financial crisis (involving disputes in UK, Middle Eastern and Hong Kong jurisdictions); reinsurance arbitrations relating to the Californian wildfires of 2007; a major satellite loss coverage dispute; representing employers in the employer’s liability insurance “trigger” litigation in the Supreme Court; advising on management of a claim alleging widespread mis-selling of derivative products by a Far Eastern Bank; pursuing a claim for negligent claims handling across an insurer’s entire book of business.

Recent cases include:

Akzo Nobel UK Ltd & AMEC PLC v Excess Insurance Co (2011) – Lead Case in the “EL Trigger litigation” - representing Akzo Nobel and AMEC ("the employers' camp") in this appeal, seeking to establish whether employers' liability insurance written on an "injury sustained" basis responds to mesothelioma claims on an exposure/causation basis. Burton J found in favour of coverage at first instance. The Court of Appeal allowed three of the six appeals. The matter is now listed for 2 weeks in the Supreme Court, commencing 5 December 2011.
Re Lehman Brothers (2011) - advising insurers re aggregation of claims arising out of the sale of structured derivative products issued by Lehman Brothers' entities.
Re a Premiership Footballer (2011) - advising insurers re coverage for alleged career-ending injury;
Re a Hong Kong Investment Manager (anon) (2011) - Advising re defence of Hong Kong proceedings alleging trading of geared share accumulators in excess of discretionary investment authority;
Re Irish Banks (2011) – advising insurers as to coverage for claims arising out of the Irish banking crisis;
Re Californian Wildfires (2011) - acting for reinsured syndicate in reinsurance dispute arising from the Californian wildfires of 2007;
Southern Rock Insurance v Claims Manager (anon) (2011) - pursuing claims arising out of claims handling agreement relating to 50,000 motor-related insurance claims;
Re a Firm (anon) (2010) - advising professional indemnity insurers as to coverage for multiple claims against a solicitors’ firm arising out of alleged negligent tax advice concerning tax avoidance schemes using employee benefit trusts;
Re a Firm (anon) (2010) – advising professional indemnity insurers as to coverage for multiple claims against a solicitors’ firm arising out of misappropriation of client funds and property.
Re a Firm (anon) (2010) – representing solicitors’ firm in a mediated settlement of claims between an ATE insurer, the firm and the firm’s professional indemnity insurer, arising out of unsuccessful group litigation and associated claims;
Re a Construction Company (anon) (2010) – advising professional indemnity insurers as to coverage for claims against a main contractor in relation to a major city office block project.
Re a Middle Eastern Development Project (anon) (2010) – advising credit note issuer as to coverage provided by credit insurance following debt restructuring of state-backed major infrastructure project.
HDI-Gerling Industrie Versicherung v Vitodurum Reinsurance (2008) - pursuing declaratory proceedings on behalf of retrocessionaires of local policies issued pursuant to a global commercial liability program, giving rise to disputes as to jurisdiction, applicable law, limitation, scope of cover and allocation of loss settlements.
Tesco Stores v D A Constable & Others (2008) - defending underwriters against claims arising out of the collapse of the "Tesco Tunnel" at Gerrards Cross, which resulted in the closure of the main line railway for 2 months. The Court of Appeal found that Tesco's public liability policy did not cover liability arising under a deed entered into by Tesco, the contractual extensions to the policy being construed to cover only contractual transfers of tort liabilities and, possibly, liabilities co-extensive with tort.
Outokumpu Stainless Limited v AXA & Others (2007) - defending underwriters in an action brought against insurers for losses arising from radioactive contamination and the disposal of radioactive materials from a Sheffield steel plant.
Kajima Engineering v Volumetric & Others (2007) - advising underwriters in respect of claims arising out of the proposed demolition of the Caspar II development in Leeds, the product of an innovative modular housing project completed in June 2000 for the Joseph Rowntree Foundation.
Munich Re v G Inc (2006) - advising underwriters re coverage and conflict of law issues arising out of claims under a US jewellers block policy).
Reliance National v Danone (2006) - advising underwriters re coverage and follow settlements).
Cable & Wireless and Pender Insurance v. Willis (UK) Ltd & 16 others (2006) - defending Willis Group companies in action brought by the Cable & Wireless group arising out of the activities of 5 former Cable & Wireless employees and a former Willis Group employee in and about the running of the Cable & Wireless' captive insurer, Pender Insurance. Claims include breach of fiduciary duty and dishonest assistance in breaches of fiduciary duty in relation to various reinsurance transactions entered into by the C&W captive. Pursuit of related contribution proceedings against Cable & Wireless.
TAG v Winterthur & O's (2005) - advising solicitors professional indemnity insurers re claims notifications received.
C v. D (2005) - commercial court arbitration application to determine succession of the liabilities of the former Yugoslavian state reinsurer (JZO) arising under the claimant's reinsurance treaty.
Zurich International (Bermuda) Ltd v. X (2004) (anon reinsurer) - acting for Zurich (Bermuda) in an arbitration to determine very substantial liabilities under various reinsurance treaties; issues of avoidance and breach of warranty, incorporation of underwriting guidelines, limitation, proof of claims, reinsured's record keeping duties, recovery of US declaratory judgment expenses.
Generali v. Wellington Underwriting & Others (2004) - facultative reinsurance recovery action re loss to a gas turbine power station in Mexico.
Turegum Insurance Company v. I (anon reinsurer) (2004); Home & Overseas Insurance v. S (anon reinsurer) ((2004); Home & Overseas v. C (anon reinsurer) (2004); Home & Overseas v. D (anon reinsurer) (2004) - various reinsurance arbitrations for Eagle Star Group companies, raising issues of conflict of laws, avoidance, breach of warranty, construction of terms, terms implied by custom and practice, limitation, proof of claims, reinsured's record keeping duties and inspection rights, in the context of reinsurance run-off; Related arbitration applications in the commercial court.
Eagle Star Insurance v. J N Cresswell & Others [2003] EWHC 2224 (Comm) - construction of claims co-operation clause in reinsurance covers.
London Market Reinsurers (anon) v. Russian Insurer (anon)(2002-3) – advising reinsurers re coverage and follow settlements in relation to 8 figure reinsurance loss arising out of an explosion at a Russian aluminium works.
Turegum Insurance Company v. D (anon reinsurer) (2003); City of London Insurance Company v. D (anon reinsurer)(2003); City of London Insurance Company v. M (2003) - reinsurance arbitrations for Eagle Star Group companies arising from reinsurers in run-off. Related arbitration applications in the commercial court.
Former Directors of Equitable Life v. anon insurer (2002) - arbitration arising out of the Equitable life litigation to resolve D&O coverage issues.
PI Direct Limited v. STW (2002) - claim for avoidance of accountant's professional indemnity cover in relation to claim against accountant for dishonest assistance in breaches of fiduciary duty on the part of an insurance broker.

Commercial

Involvement in many aspects of commercial litigation and advisory work including arbitration and ADR.

Recent cases include:

Ideal Software v ACE Fire & Security (2010) – defending claim made against security firm for losses arising out of a warehouse theft.
Kent County Council v DNA (2010) – defending manufacturer of lighting components alleged to have caused multiple fires.
Laser & Light v House of Famuir v ASAH Medico (2006) - defending claim brought against cosmetic laser manufacturer.
Richardson & Richardson v Hyams v Mitchell (2006) - defending directors of former kitchen retail chain and internet supplier UK Appliances/Pennybee of Wimbledon against allegations of dishonest assistance in the insolvent company's alleged breach of debenture.
Former Shareholders of British Contractors Plant Limited v. Listria Limited (2004) - HC claim arising out of business purchase agreement.
Grove v. American Express Services Europe Ltd (2003) - claim establishing effect of section 75 of the Consumer Credit Act on international credit card transactions - settled prior to Court of Appeal hearing. The OFT subsequently pursued a test case raising the same point to the House of Lords.
Hamra & O's v. Donovan & O's (2002) - jurisdictional dispute regarding ownership of bonds.
Re a Local Authority (2002) - advising a local authority in relation to a proposed termination of a multi-million pound service contract & related "Best Value" and European tendering requirements.
Re Bridewell Group plc (2002) - dispute arising out of business purchase agreement).
Re Medran Developments (2002) - dispute arising out of business purchase agreement.
Platt & O's v. LUL [2001] 20 EG 227 - defending loss of profits claim for derogation from grant in commercial lease - Hussey v. Eels [1990] 2 QB 227 successfully distinguished.
Tesi SRL v. Lloyd Lifestyle (2001) - claim by Italian motorcycle equipment manufacturers for breach of contract against UK distributor, following distributor's decision to switch manufacturer.

Professional negligence

Experienced in professional negligence claims involving the insurance sector, legal services, the financial sector, the construction industry, accountants and auditors.

Recent cases include (see above for insurance related claims):

Mis-selling of investment products, including CDO’s and gear-down accumulators etc. (various).
Frank v Smith-Caradoc (2010) - defending allegations of negligence made against architects, arising out of an extensive refurbishment project.
Barrow in Furness Borough Council v Interserve (2006) - defending building maintenance contractors against claims brought by Barrow for indemnity and contribution in respect of fatality and injury claims arising out of the Barrow in Furness legionnaires' disease outbreak and advising in respect of related insurance disputes.
Lloyd's Syndicate 1087 v RPC (2006) - acting for underwriters in proceedings alleging negligent handling of a subsidence claim brought under a buildings policy.
X v Y (2006) - acting for underwriters in proceedings alleging negligent adjustments and defence of claims under a public liability policy.
A v B (2005) T&CC - defending claim against main contractor arising out of negligent staircase design for twin office block developments.
Woolfall Plc & Capital Developments Inc v. The Rosling Partnership (2004) / Capital Developments Inc v. Rosling Partnership (2004) - defending claims against solicitors for breach of undertakings in relation to the procurement of letters of credit; associated arbitration against solicitors' professional indemnity insurers.
Vine Developments v. Clarke Willmott & Clarke (2003) - pursuing claim by developer against solicitors for negligent drafting of contracts for the sale of residential units.
Niece v. Grant Thornton (2003) - pursuing claim for losses arising out of alleged negligent advice concerning taxation of capital gains on sale of company shares.
CR King v. Hattencrest (2003) - defending insurance broker's negligence claim arising out of policy cancellations.
RLHIA v. STW (2002) - defending £6m claim for accountants' negligence, including alleged breaches of whistle-blowing duties.

Other

Extensive experience of all aspects of employment law including TUPE, wrongful and unfair dismissal, redundancy, discrimination, injunctive relief and trade union disputes.

Experience also of environmental/pollution cases and claims under the Water Industry Act 1991.

Professional Membership

COMBAR, British Insurance Law Association, London Common Law and Commercial Bar Association.

Education

University of Cambridge, Robinson College B.A (Law Tripos)
Squire University Law Scholarship
College Scholarship and Prize
Inns of Court School of Law
Hardwick Scholarship
Lincoln's Inn Sunley Scholarship 1990
Lincoln's Inn Hubert-Greenland Scholarship (Major Award)