3PB Direct

Richard Whitehouse

How much experience do you have in this area?

I qualified as a barrister in 2009 and then practised as a solicitor. I became a Solicitor-Advocate and Head of the Commercial Dispute Resolution team at a large Bristol-based law firm. I subsequently transferred back to the Bar. My wide range of experience is a key attribute that those who instruct me really find attractive.

Legal Expertise

I have an extensive commercial practice that covers all types of business and commercial disputes, with a particular emphasis on contract, misrepresentation, partnership and director disputes. I regularly advise and represent businesses in both the County Court and High Court. From my time working as a Solicitor-Advocate, I have significant experience of alternative dispute resolution and, in particular, representing clients at mediations.

My wide ranging commercial disputes experience includes claims relating to:

  • Agency
  • Consumer credit agreements
  • Construction of contracts
  • Debt recovery
  • Guarantees and indemnities
  • Misrepresentation
  • Sale of goods and supply of services
  • Restrictive covenant disputes.

I also have experience of professional negligence cases and extensive experience of dealing with claims against all professionals including; barristers, solicitors, accountants, brokers, insurers, architects, surveyors and other construction specialists. My experience as a Solicitor-Advocate is invaluable to professional negligence claims against lawyers, having been instructed on claims relating to employment, commercial litigation, property disputes, and personal injury claims.

A few case examples include:

  • Lost and/or mishandled litigation claims, including under-settlement claims, missed limitation and failure to advise about funding and costs
  • Claims involving errors with leasehold transactions, including negligence relating to lease extensions
  • Claims by disappointed beneficiaries and claims arising from mishandled probate disputes
  • Claims by and against buyers arising from conveyancing transactions concerning freehold and leasehold property, particularly concerning failure to advise on searches, rights of way and restrictive covenants
  • Mishandled ancillary relief claims
  • Claims arising from mishandled business sales.

In terms of accountants I’ve handled a variety of claims, including:

  • Claims involving the negligent preparation of management accounts and cashflow forecasts
  • Acting for a company against accountants, in relation to incorrect VAT advice
  • Acting for an individual against accountants, arising from incorrect tax advice and issues involving Entrepreneurs’ Relief.

With regards to surveyors, valuers and architects I’ve acted in:

  • Claims by purchasers of residential and commercial properties against surveyors arising from pre-sale surveys
  • Claims involving the negligent valuation of premiums required for the extension of leases and incorrect advice about the appointment of premiums
  • A claim against an expert witness arising from a planning dispute
  • Claims against architects regarding incorrect design drawings and advice in relation to both domestic and commercial projects.

Finally, I’ve advised, and acted for and against, brokers and insurers in claims for failure to implement the correct insurance cover, and for a broker in a claim regarding the failure to advise on the financial status of an insurer.

In addition to my commercial practice I’ve advised and represented clients on a wide range of property disputes, including boundary disputes and nuisance claims. I’m regularly instructed to make and oppose applications for injunctions relating to property.

In particular I can assist with the following areas of property law:

  • Adverse possession
  • Boundary and party wall disputes
  • Breach of covenant disputes
  • Conveyancing
  • Easements
  • Landlord and tenant disputes
  • Nuisance
  • Trespass.

In terms of case examples I’ve acted in possession and dilapidation claims and been instructed in multi-day High Court trials in relation to trespass and nuisance disputes, involving breaches of “Leakey” duties. I’ve also acted in breach of covenant claims relating to unlawful subletting of properties through Airbnb.

Prior to transferring to the Bar, I was a Solicitor-Advocate and Head of the Commercial Dispute Resolution team at a large Bristol-based law firm. I specialised in commercial disputes and professional negligence claims.

I’m a experienced litigator, negotiator and advocate with particular expertise in:

  • Commercial dispute
  • Professional risk (including claims against solicitors, accountants and surveyors)
  • Insurance disputes
  • Misrepresentation claims
  • Partnership disputes
  • Property law.

To contact Richard

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