Richard Owen-Thomas

Richard Owen-Thomas

Call 2000

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Richard is an experienced commercial lawyer, specialising in commercial disputes involving the workplace, contracts for supply of goods and services, professional liability, consultancy agreements and all areas of commercial law, including defamation, malicious falsehood and economic torts.

Richard is a Member of the Chartered Institute of Arbitrators, and has extensive experience of all forms of alternative dispute resolution.  However, when court proceedings are necessary, Richard has over 16 years’ experience of trial advocacy, in Courts and Tribunals throughout the UK, including several notable successes in the Court of Appeal.

Richard has particular experience of both contentious and non-contentious commercial matters including TUPE transfers, Directors’ duties, corporate governance issues, share capital and shareholder rights, and directors' indemnification and directors' and officers' liability insurance policies

Richard has also practised in the Employment Tribunal since 2000, having appeared in many hundreds of Employment Tribunal cases, and several successes in the Employment Appeal Tribunal. In addition to contentious work, Richard has extensive experience drafting policies and procedures, compromise agreements and COT3 settlements and he regularly advises on the employment issues surrounding the sale or purchase of businesses.

Richard was called to the Bar of Gibraltar by Chief Justice Dudley for the purposes of pursing an action in that jurisdiction.

Reported cases include 

Suresh v Samad & a others [2017] EWHC 76 (QB)
Defamation - Hearing of an application to strike out and or summary judgment of a defence.

AB v CD [2016] ORD 93, Supreme Court of Gibraltar
Claim for an injunction to restrain breach of confidentiality and legal professional privilege.

Raja v Aviram [2016] UKUT 102 (LC)
Successful appeal against finding of no breach of covenant in circumstances where the leaseholder had installed a new boiler without permission of the freeholder.

In Amenas Inquest [2015]
Representing the family of a man killed by Al Qaeda terrorists in Algeria, Richard acted in this lengthy, complex and difficult inquest before the now Recorder of London. Acted as leading counsel, and had conduct of the litigation, having been instructed directly by the family.

Begum v Hafiz & Hai [2015] [2015] WLR (D) 329
Ground breaking authority for the powers of the Court under TOLATA.

Riley v Ministry of Justice EAT [2016] ICR 172 Authority for the appropriate constitution of an Employment Tribunal considering ordering costs otherwise than immediately after the hearing.

Ottimo Property Services LTD v G Duncan & Warwick Estate Properties Limited [2015] ICR 859
Important clarification of the meaning of ‘client’ for the purposes of the TUPE regulations

Ocean Healthcare LTD v Sigma Pharmaceuticals PLC [2104] All ER (D) 250 (Nov)
Further guidance as to the scope for admitting new evidence on appeal.

Blackburn v ALDI Stores LTD [2103] IRLR 864 [2013] ICR D37
EAT guidance on the scope of the implied term of trust and confidence and how it applies to the resolution of employee’s grievances

Padden v Bevan Ashford (a firm) (2013) [2013] 3 FCR 436 : [2013] PNLR 34 : (2013) 157(29) SJLB 31
Scope of a solicitor’s duty when certifying the presence of independent legal advice which is subsequently relied upon to rebut the presence of undue influence.

Zarkasi v Anindita [2012] ICR 788
Guidance as to illegality in employment contracts, particular in relation to illegal immigrant workers.

Padden v Bevan Ashford (a firm) (2011) [2012] 1 WLR 1759 : [2012] 2 All ER 718 : [2012] 2 Costs LO 223 : [2012] 2 FCR 264 : [2012] PNLR 14 : Times, January 17, 2012
As above

McKinson v Hackney Community College [2011] Eq. L.R. 1114
Guidance on the power of the Tribunal to require a litigant to narrow the scope of his case.

Dawes v Lidl [2006] All ER (D) 112 Mar
Appeal against finding of unfair dismissal and the interconnection between wrongful and unfair dismissal

News

April 13 2017:

Cricketer Marlon Samuels successfully concludes defamation case ...read more


July 1 2016:

3PB Employment Barrister Richard Owen-Thomas addresses White Paper Conference ...read more


June 29 2016:

Richard Owen-Thomas advises the British Amateur Gymnastics Association (BAGA) in the formal disciplinary procedure involving Louis Smith MBE ...read more


... more news

Professional Bodies

  • Employment Law Bar Association (ELBA)
  • Employment Lawyers Association

Languages Spoken

  • French
  • German