Jeremy Richmond

Jeremy regularly advises and appears in a broad range of banking and finance disputes both on behalf of and against banks and finance companies.  The areas in which he is instructed include: claims under guarantees and indemnities, bills of exchange and cheques, the recovery of monies mistakenly paid by banks, and hire purchase and conditional sales agreements.

Reported cases

• Caterpillar Financial Services Limited v. Goldcrest [2007] EWCA Civ. 272 (construction of a guarantee). 
• S.E.R.E. Holdings Limited v. Volkswagen Group UK Limited [2004] EWHC 1551 (Ch) (construction of an entire agreements clause and implied terms in a distribution agreement in the automotive industry).   Led by Avtar Khangure QC.
• Shogun Finance v. Hudson [2004] 1 AC 919 (mistaken identity and its effect on a hire-purchase agreement).  Led by Jeremy Cousins QC.

Recent cases

• Represented a well-known commercial leasing company in its defence to a claim for conversion of high value equipment by an international finance house.
• Represented a leading British racing car team in its defence to a claim from a leading UK retail bank for the repayment of monies paid by reason of mistake.
• Represented a leading Forex companies in the recovery of monies paid to one of its client.
• Represented a leading UK retail bank in the repayment of substantial sums paid to its clients by reason of mistake of fact.

Jeremy has a broad commercial and modern chancery practice with substantial experience in sale of goods (both international and domestic), guarantee and indemnity disputes, shareholder and joint venture disputes, directors misfeasance, and fraud (with an emphasis on asset recovery). Jeremy also has wide experience on all types of applications for interim injunctive relief.

Reported cases

• Re Tulsesense Limited [2010] EWHC 1990 (Ch) (just and equitable winding up of a company/section 125(2) of the Insolvency Act 1986 – whether the applicant was reasonable to reject an offer to purchase shares in light of a third party offer to purchase the same shares).
• Unadkat & Co. Limited v. F. Hussain [2008] EWHC 981 (QB)(question of the burden of proof in a contractual claim where the defence of tender was advanced).
• Uppal v. Uppal and another [2007] EWCA Civ 411 (question of whether a 16-day trial at first instance, in which Jeremy also appeared, was unjust and irregular).
• Caterpillar Financial Services Limited v. Goldcrest [2007] EWCA Civ. 272 (construction of a guarantee).  
• OBG v. Allen (Manchester District Registry, February 2004)(economic torts in respect of administrative receivers’ trespass).  Led by John Randall QC.
• S.E.R.E. Holdings Limited v. Volkswagen Group UK Limited [2004] EWHC 1551 (Ch) (construction of an entire agreements clause and implied terms in a distribution agreement in the automotive industry).   Led by Avtar Khangure QC.
• Shogun Finance v. Hudson [2004] 1 AC 919 (mistaken identity and its effect on a hire-purchase agreement).  Led by Jeremy Cousins QC.

Recent cases as counsel

• Acting on behalf of the claimant (an international freight forwarder) against a former employee and his new employer in respect of misappropriation of a business opportunity in the Republic of China. Claim in excess of £5 million.  Recently settled on terms favourable to the claimant.
• Acting on behalf of a warehouse in respect of a claim by the owner and international shipper for damage to high value equipment.
• Acting on behalf of multiple potential claimants against the perpetrator of an alleged gold dust Ponzi fraud in the Republic of Cyprus and West Africa.
• Acting on behalf of an alleged fraudulent employee in an action against him by one of the largest pharmaceutical companies in the world involving an alleged fraud committed in England, Switzerland and Panama. Involving a tracing claim in excess of £1.5 million.
• Acting on behalf of an internationally respected world health consultant in an action against him by a former client for deceit/breach of fiduciary duty (damages claimed in excess of £750,000).  The claim was settled on terms favourable to the client.
• Represented leading waste management firms in their claims for recovery of landfill tax.  Led by John Randall QC.
• Acting on behalf of a shareholder/director in an application for the rectification of the shareholder register in a trial lasting 5-days.  Led by Mohammed Zaman QC.
• Represented Dyson in an action against a former employee who had allegedly taken bribes from suppliers based in Malaysia and Portugal.  Led by John Randall QC.

Jeremy regularly appears in non-marine insurance matters (with a particular emphasis on fire policies and other property insurance).

Jeremy has extensive experience in insolvency law including advising on and/or appearing in court in the following areas:  urgent injunctive relief for insolvency practitioners or other persons (including the protection of all types of “property” rights), retention of title clauses,  all aspect of company administrations (including pre-pack administrations), compulsory winding up petitions, applications to rescind winding up orders, validation orders and the sale of assets from insolvency practitioners (and claims arising from such agreements).  Jeremy’s insolvency practice frequently crosses over with and complements his commercial litigation practice.

Reported cases

• Moseley v. Else Solicitors LLP [2010] BPIR 1192 (the case concerned the issue of whether an unpaid solicitor’s invoice was a liquidated sum for the purpose of bankruptcy proceedings as a result of the lay client being estopped from seeking assessment under the Solicitors Act 1974).
• Re Tulsesense Limited [2010] EWHC 1990 (Ch) (just and equitable winding up of a company/section 125(2) of the Insolvency Act 1986 – whether the applicant was reasonable to reject an offer to purchase shares in light of a third party offer to purchase the same shares).
• Metrocab Limited et. al. v. The Official Receiver et. al. [2010] EWHC 1317 (Ch)(a case involving the application for the rescission of a winding up order out of time).
• Peters v. Menzies [2009] EWHC 3709 (Ch)(scope of paragraph 75, Schedule B1 of the Insolvency Act 1986 in relation to administrators’ misfeasance). Led by Simon Mortimore QC.
• Vertex Trading Sarl v. Infinity Holdings Limited [2009] EWHC 461 (Ch) (a case addressing the tests for granting of an injunction restraining the advertisement of a winding-up petition).
• Re Hawkes Hill Publishing Co. Ltd [2007] BCC 257 (wrongful trading and preference)

Recent cases

• Acting on behalf of former administrators of a company in a misfeasance/breach of fiduciary duty claim against them by the liquidator (involving a significant US element). Damages claim in excess of £15 million.  Subsequently led by Simon Mortimore QC.
• Acting on behalf of a trustee in bankruptcy seeking to enforce the sale of the bankrupt’s residential property in France.

Jeremy advises on and appears regularly in matters of professional negligence with a particular emphasis on solicitors professional negligence.

Jeremy has a wide range of experience in advising and representing claimants and defendants in corporate and commercial fraud matters (including cases involving allegations of bribery) from before the commencement of proceedings through to trial.  The business sectors in which Jeremy has acted to date include the pharmaceutical, computer/software, insurance, freight forwarding and general manufacturing sectors.  Most of his cases involve a significant international element.  Jeremy has appeared in numerous applications for freezing, proprietary and interim injunctions as well as representing both applicants and respondents in applications for disclosure (both pre and post-commencement of proceedings), Norwich Pharmacal applications and applications under the Bankers Trust jurisdiction.   Jeremy also regularly acts for companies and directors in cases where it is alleged that the directors have misappropriated corporate assets/opportunities in breach of their fiduciary duties.

Recent cases as counsel 

• Represented a senior employee of a computer software supply company who was alleged to have been an accessory to fraudulent misappropriation of goods from a supplier (quantum in the region of £3 million).
• Represented a senior marketing executuve of one of the largest pharmaceutical companies in the world against allegations of misappropriation of assets in Switzerland and Panama (quantum in excess of £1.5 million).   
• Represented an internationally recognised world health consultant in a claim against him by a former employer for deceit and fraudulent misrepresentation (quantum around £750,000).
• Represented an international freight forwarder in its claim for misappropriation of corporate opportunities by one of its employee to the benefit of one of its major competitors in China (damages in excess of £5 million).   
• Represented Dyson in its claim against one of its senior executives based on the taking of bribes in Portugal and Malaysia.
• Represented multiple potential claimants against the perpetrator of an alleged "gold dust" Ponzi fraud in Cyprus and West Africa.
• Representing one of the UK's leading tax product consultants in a claim against one of its former directors for misappropriation of corporate assets (damages in the region of £15 million).

 

 

 

 

 

 

 

 

 

Jeremy has a growing international arbitration practice and has experience in LCIA, ICC and ad hoc arbitrations.  Recent cases include a mutli-million pound accountancy partnership dispute in the LCIA and a multi-million pound dispute regarding the supply of soft furnishings from Pakistan to New York under the ICC rules.