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
Practice:
Richard Shepherd practises in employment, personal injury, crime and inquests. He travels extensively in connection with his practice and appears in courts across the West Country, Midlands and the South East.
Employment
Richard’s employment practice 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:
- Lowe v ‘I’ Ltd (2010) – acted for the Respondent against the Claimant’s allegation of sexual discrimination that was alleged to have resulted in the claimant being ‘performance managed’ from the Respondent 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.
Personal Injury
Richard’s personal injury practice is noted for his pragmatic and straight forward advice. He represents Claimants and Defendants, regularly undertaking CFA instructions. His personal injury practice 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 practice dovetails with his coroner’s court caseload.
Personal Injury cases of interest:
- P v ‘IB’ UK Plc (2010) – the Claimant’s case centred on the attribution of the development of fibromyalgia to workplace practices;
- 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.
Crime
He undertakes prosecution and defence work, and is a CPS Grade 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.
Criminal cases of interest:
- R v ‘K’ and others (2010) – ‘K’ and two other defendants, all youths, were charged with a serious s.18, leaving the victim permanently brain damaged. Expert evidence of blood penetration, splattering and removal was relied upon extensively;
- Kanaan v The Crown (2009) – an application for a Certificate of Inadequacy in the High Court, relying upon payments made to the Crown to satisfy the ‘hidden assets’ portion of the order;
- R v El-Maghrebi and others (2009) – 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;
- Arif Dad (2006) – Court of Appeal, 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 also conducts inquests on behalf of the full range of parties. By maintaining a mixed civil and criminal practice, 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 his PI practice, combined with the witness handling skills derived from his criminal work brings the ‘best of both worlds’ to the Coroner’s court.
Reported Cases:
- Mrs R M Bennett v Cornwall County Council [2008] UKEAT/0207/08/DA – counsel for the Respondents in this Employment Appeals Tribunal’s consideration of the extent to which a ‘knock out’ point as per Glennie v Independent Magazines (UK) Ltd could 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 rules. Click here for further details about the Public Access scheme.
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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