Richard Shepherd
Degree: LL.B (Hons) Wales; LL.M (Warwick) International Economic Law
Year of Call and Inn: 2001; Middle Temple
Professional Membership: Western Circuit; PIBA; ELBA; CBA; ELA
Practice:
Richard Shepherd practises in employment, crime, inquests and personal injury. He travels extensively in connection with his practice and appears in courts across the West Country, Midlands and the South East.
Employment:
Recommended in ‘Legal 500’ 2011, Richard’s employment caseload is evenly split between Claimant and Respondent work. He is instructed by private clients, unions, insurance companies, professional associations and local authorities, often being instructed from pre-action advice through to trial. Recent cases have involved TUPE, whistle-blowing and all forms of discrimination.
Employment cases of interest:
Reason v Sedgemoor DC (2011) – an unfair dismissal and ‘whistle-blowing’ claim relating to a former police officer who was dismissed for a series of homophobic remarks;
Key v Interserve Ltd (2011) – a claim of CUD, based upon alleged discrimination stemming from ‘whistle-blowing’ reports, purportedly made, regarding unlawful accountancy practices. The claim was valued at circa £250,000.00;
Lowe v ‘I’ Ltd (2010) – acted for the Respondent against the Claimant’s allegation of sexual discrimination allegedly resulting in the Claimant being ‘performance managed’ from the business;
Madden v Cam House School (2010) – a claim of unfair dismissal resulting from the Claimant’s dismissal, post an NSPCC report into the management of the school;
Long v ‘C’ Ltd (2010) – where an employee was dismissed for a SOSR-type reason for an alleged affair with a senior manager’s partner;
Sidell v ‘M’ Plc (2009) – Counsel in the defence of a ‘whistle-blowing’ allegation, relied upon by the Claimant as the motivation for his dismissal.
Crime:
He undertakes prosecution and defence work, and is a CPS panel advocate level 3 prosecutor. His particular interest is in regulatory and ‘financial’ work, including PoCA, both pre- and post-trial. He accepts instructions in the Crown Court, High Court and Court of Appeal.
Crime cases of interest:
R v Joseph Nunn and others (2011) – Junior counsel for the defendant in a £3.1m ‘Ponzi’ fraud, targeting business contacts acquired through the co-defendant’s profession as an Independent Financial Advisor;
R v Neil McLaren and others (2011) – Richard represented the primary defendant, a practising dentist, charged with faking his death whilst in the Middle East. Thereafter, claims were made upon policies and pensions totalling £1.85m;
R v El-Maghrebi and others (2009-10) — prosecuting junior to Stephen Mooney, head of Albion’s crime team, in a high-value, multi-defendant fraud on banking and financial institutions in Bristol, the Midlands and London;
R v Bolton and others (2008) – acted for one of the senior management team of a West Country care home, prosecuted in connection with perceived failures of the organisation. The trial was stayed, in part, on the basis of the ‘tacit endorsement’ of the internal processes by CSCI, forerunner to CQC;
Arif Dad (2006) – CoA, junior counsel for the Respondent. The court considered the reliability of a central prosecution witness in the trial of gang members involved in a Class A drugs ‘turf war’;
R v Firkins and Firkins (2005-6) — second junior for the Crown in prosecution of double murder in Cornwall.
Inquests:
Richard conducts inquests on behalf of the full range of parties. By maintaining mixed civil and criminal specialism areas, Richard is able to bring together his broad experience in both arenas to assist him in his practice in the Coroner’s court.
His familiarity with medical terminology, treatment, diagnosis and prognosis derived from PI practice, combined with the witness-handling skills developed in the criminal field brings the ‘best of both worlds’ to this area.
Inquests cases of interest:
‘C’ (2010) – a police constable who sustained fatal injuries whilst acting in the course of his duties.
Personal Injury:
Richard’s personal injury practice is noted for his pragmatic and straight forward advice. His expertise extends to CICA applications, being instructed by victims of crime and emergency service personnel injured whilst acting in the course of their duties. Richard’s PI work dovetails with his coroner’s court expertise.
Personal Injury cases of interest:
Dopart v RWM Group Ltd (2011) – the Claimant, an employee at an abattoir, was Polish and had limited English language skills. The claim was founded upon the inappropriateness/inapplicability of certain ‘paper’ policies to those with limited English;
MacPherson v Ston Easton Park (2010) – a guest sustained injury whilst attending a wedding at the defendant’s premises, caused, in part, due to his intoxication. Litigation centred upon whether the defendant should make adjustments to its premises or policies knowing or anticipating that guests would become intoxicated. Lips v Older [2004] applied;
Bailey v First Choice Holidays (2009) – a claim brought under the Montreal Convention after the claimant was injured during her flight. The claim included the psychological effects resulting from the physical injuries sustained, so as to fall outside of the judgment in King v Bristow (2002);
X v CICA (2009) – whether a police officer was taking an exceptional risk so as to fall within the CICA scheme;
Khan v The Gap Club (2007) – an OLA claim stemming from an on-stage performance of a Fireman-themed exotic dance routine.
Reported Cases:
Mrs R M Bennett v Cornwall County Council [2008] UKEAT/0207/08/DA –consideration of a ‘knock out’ point as per Glennie v Independent Magazines (UK) Ltd so as to allow a late submission of a ‘new’ point at the appellate stage;
Smith v North Somerset Council [2007] EWHC 1767 (Admin) – counsel for the Respondent in this case stated appeal concerning the meaning of the term ‘prompt’ under the Social Security Administration Act 1992.
Further cases of interest:
Stodgell v Sheik Walid Juffali (2008) — acted for an art dealer in a High Court contractual dispute for the supply of paintings and objet d’art to the value of £1.2 million;
Circuit Motors Ltd v Alan Thelwell (2006) — acting for Claimant in a High Court contractual dispute concerning a disputed debt valued in the region of £60,000 and non-return of prestige vehicles valued up to £500,000.
Public Access:
Richard Shepherd is licensed to accept work under the Public Access scheme. Click here for further details about the Public Access scheme.
Recommendations:
“Recommended” for Employment
Legal 500 2011
Albion Chambers, Broad Street, Bristol BS1 1DR
T: 0117 927 2144
F: 0117 926 2569
richard.shepherd@albionchambers.co.uk
Clerks:
Civil: Michael Harding
T 0117 311 0302
Crime: Nick Jeanes
T 0117 311 0307
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