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Richard Stead Head of Chambers

Call 1979 (Middle Temple)

Qualifications MA (Cantab), ACI Arb

Professional Memberships Personal Injury Bar Association, Chartered Institute of Arbitrators and Technology and Construction Bar Association

Judicial Office Recorder 1996

Mediation Richard is also a trained mediator

Practice Overview

One of Chambers most senior practitioners, Richard Stead has an extensive practice which encompasses personal injury, professional negligence claims and property damage matters including a number of high profile cases. Richard’s practice is also complemented by his highly sought expertise in construction disputes.

Renowned for his skills as an excellent advocate, Richard always commands respect and attention in Court. His reputation means he is regularly called to represent clients at joint settlement meetings and mediations in negotiating resolutions in high value cases.

Richard also acts as a mediator.

Richard shares his experience and expertise through lectures given to legal professionals and organisations across the country. Such is his vast knowledge in his chosen fields, Richard is able to tailor seminars to suit individual requirements.

Areas of Practice

Personal Injury

Richard is regularly instructed for claimant and defendant clients in complex personal injury actions, particularly those involving brain injury and other high value claims. He has considerable experience in employer’s liability, sports injury and RTA claims, and is well-known nationally for his particular expertise in cases involving

agriculture, animals, arboriculture and construction. Recent and reported cases include:

 Stagecoach v Hind [2014] EWHC 1891 (TCC) - representing the defendant householder in a claim brought

by a railway company in respect of a tree falling from the defendant's land onto the railway line. Claim dismissed following trial in the High Court.

 Denton v TH White [2014] EWCA Civ 906 - representing the claimant in leading Court of Appeal case on

relief from sanctions.

 Hughes v Bell (2013) - representing the defendant in a claim by the claimant who was a visitor to the

defendant's holiday let accommodation - she fell down the stairs in the night and suffered severe brain damage. A claim was brought under the Occupier's Liability Act 1957 and in negligence. Claim dismissed after trial.

 Fletcher v Watson (2013) - representing the claimant who was a highly successful professional musician -

loss of chance of career as stellar professional musician.

 Goldsmith v Patchcott [2012] EWCA Civ 183 Court of Appeal - representing the claimant who suffered a

severe head injury when kicked and trampled on by a horse. Issues arising as to construction of s.2(2) and 5(2) Animals Act 1971.

 Gidley (2012) - representing the claimant in a claim before the CICA. Brain injury as a child causing cerebral palsy - confined to wheelchair, unable to speak or communicate incontinent, requiring 24 hour care for life - value in excess of £4 million.

 Williams (2012) - CICA - representing the claimant who suffered brain injury as a child. Value in excess of £2

million.

 Addis v Campbell [2011] EWCA Civ 906 Court of Appeal - defending claim by brain injured man who was

knocked over by a dog.

 Nash v Total Ltd (2011) - claim for personal injury arising out of the Buncefield explosion. Representing the

person alleged to have caused the explosion. The claimant had suffered serious psychological and physical injuries as a result of the explosion.

 Gravil v Redruth Rugby Football Club [2008] EWCA Civ 689 Court of Appeal - acting for the defendant,

Redruth Rugby Club, the issue being the vicarious liability of a rugby club for an assault by one of its players during a rugby match.

 Welsh v Stokes [2007] EWCA Civ 796 Court of Appeal - acting for the claimant in a claim under s. 2(2) of

the Animals Act 1971 arising from an equine accident.

 Poll v Viscount Asquith of Morley [2006] All ER 158 - acting for the claimant who was injured when he

collided with a recently fallen tree.

 Blake v Galloway [2004] EWCA Civ 814 Court of Appeal - acting for the defendant in a claim by a teenager

who had suffered injury during "play" in which pieces of bark were being thrown by the participants.

 Mirvahedy v Henley [2002] 2 WLR 882 House of Lords - acting for the claimant in the leading case on the

construction of s.2 (2) Animals Act 1971.

 Harris v Evans & anr [1998] 1 WLR 1285 Court of Appeal - acting for the claimant against the HSE in a claim

for damages for negligent misstatement in connection with the operation of a bungee jumping business.

 Williams v Globe Coaches and Darby v. Ginsters Cornish Pasties [1996] 1 WLR 553 Court of Appeal -

procedural

 Hunt v Wallis [1994] PIQR P128 - acting for the defendant in the High Court in a claim under s.2 (2) Animals

Act 1971 in which the claimant suffered a leg amputation following a collision with a dog.

 Widdicombe v Ross Young’s Ltd Newlawonline 295047702 Court of Appeal - procedural

Publications

 National Tree Safety Group - Common Sense Risk Management of Trees, Forestry Commission (December 2011) - RS contributed the legal section.

 ‘Does the Animals Act 1971 need amending? [with Christopher Sharp QC] (2006) Personal Injury Law Journal

Property Insurance Litigation

Richard acts for insurers and claimants in property damage claims arising out of fire, flood, tree root activity, vibration, landslip / subsidence etc, and insurance coverage issues.

Recent cases include:

 Stagecoach South Western Trains Ltd v (1) Kathleen Hind (2) Andrew Steel [2014] EWHC 1891 (TCC) -

acted for the first defendant in the High Court in property damage case in which a tree fell onto a main railway line.

 Grand Pier Limited v System 2 Security Ltd (2013) - acting for the defendant installer and operator of the fire

alarm response in a £30m plus claim arising out of the fire on the Grand Pier, Weston-super-Mare.

 Clark v Swindon Borough Council (2013) - acting for the defendant in a claim arising out of the subsidence

 Tyrimos v Modebest Builders Ltd (current) - defending £1m plus claim in the TCC for damage to properties in London caused by alleged negligence in the execution of underpinning / support works.

 Vernon Knight Associates v Cornwall Council (current) - defending claim by a holiday park owner in respect

of damage caused by flooding of run off water from highway and higher adjoining land - awaiting hearing in the Court of Appeal.

 Rickman v Relph Ross (2012) - acting for defendant architect in £1m plus claim brought by owner of

refurbished mansion following flooding of the property due to the escape of water from the fire suppression system.

 Oakfield Ltd v Selwood Housing Ltd; Oakfield Ltd vJephson Homes Housing Assoc (2011) - defending claims

in respect of alleged encroachment on mining rights by the sinking of piles for a new development through the minerals below - issues of liability and quantum based upon the chance of the mine having been worked in the future and any diminution in value of the mining rights. Also concerning the collapse of voids within existing mine working - consideration of rights of support and nuisance.

 Reeve v Cornwall County Council (2011) - defending £1m claim for flooding of agricultural land and a paint

balling operation.

 White v Cheltenham Borough Council (2010) - defending claim in respect of subsidence of residential

property due to tree root activity.

Professional Negligence

Richard acts for claimants, defendants and their insurers, and has strong expertise in negligence claims against:

 Architects

 Engineers

 Quantity and Building Surveyors

 Project Mangers

 Solicitors (in respect of claims arising out of litigation involving construction / personal injury disputes) Recent cases include:

 Rickman v Relph Ross Partnership (2012) - acting for defendant architect in £1m plus claim brought by

owner of refurbished mansion following flooding of the property due to the escape of water from the fire suppression system.

 Norris v David Richards Design Partnership (current) - defending architect in respect of claim for alleged

negligence in design and inspection of works to a dwelling house.

 Rowe v Lake (2012) - acting for claimant in claim against quantity surveyor for negligent mismanagement of

a construction contract of approx. £1m and negligent advice.

 DMD Ltd v Benaim Ltd (2005) - arbitration - claim against engineers in respect of negligent design of a

post-tensioned glued segmental viaduct on the A13 for damages of £5m plus.

Construction and Engineering

Richard has experience and expertise in a large variety of construction and engineering matters. Examples of his experience in specialist issues and subject matter are as follows:

 Commercial property and residential developments

 Condensation and thermal insulation

 Curtain walling

 Defective works and other contractual disputes

 Mundic Block and pre-fabricated concrete construction in residential buildings

 Product liability with particular reference to building materials

 Roads, bridges, drains and waterways

 Sports stadia and leisure facilities Recent cases include:

 Croydon Hotels v Ardmore Construction Ltd (current) - acting for claimant in claim arising out of the

defective installation of cladding and roofing materials and claim for liquidated damages.

 Denton v TH White Ltd / Delaval (current) - acting for claimant farmers in a claim in respect of defective

installation / supply of a milking parlour leading to significant loss of profits.

 Leumi ABL Ltd v Tinnelly Construction Ltd (2012) - acting for defendant contractor in respect of a claim by

debt factors acting on behalf of a building cladding material supplier suing for £500k.

 Southampton Container Terminal (2011) - defending claim in respect of defective construction of container

terminal roadway. Sued by joint venture partner and then suing contractor and engineer.

 Dudman v Wimpey Homes Ltd (2011) - acting for two claimants in respect of defects to two new dwelling

houses which required the properties to be re-constructed.

 Walker Construction Ltd v Bovis Homes Ltd (2011) - arbitration - defending claim by sub-contractor for

additional items of work and for loss and expense.

 Welsh Rugby Union - dispute over the quality of the turf installed in the Millennium Stadium

 DMD Ltd v Benaim Ltd (2005) - arbitration - claim against engineers in respect of negligent design of a

post-tensioned glued segmental viaduct on the A13 for damages of £5m plus.

Commercial Dispute Resolution

Richard has expertise in commercial contractual disputes, with particular specialism in:-

 Arbitration  Commercial Agency  Insurance  Product Liability  Sale of Goods

Civil Fraud

Throughout Richard’s time at the Bar, he has undertaken civil jury trials, and trials before a single judge, where fraud is alleged. Fraudulent claims relate particularly to fire, flooding, and other forms of property damage, burglary and motor-car theft / damage.

Mediation

Richard acts as a mediator.

Recommendations

 "Richard has a well-regarded construction practice, often focusing on cases with a professional negligence strand. Property damage and insurance-related cases also feature in his workload. 'He's very approachable, firm in his views, certainly user-friendly, and provides clear, succinct advice. He is very easy to work with.'" Chambers UK, Construction (2015)

 "Head of chambers and one of the set's most experienced commercial litigators. He has particular

experience in commercial agency, product liability, sale of goods, insurance and property damage. 'You get exactly what you expect - he's a mature, experienced, calm, heavyweight counsel. And he's extremely efficient as well.' 'He is very approachable, intelligent and good at getting to the issues quickly.'" Chambers UK, Commercial Dispute Resolution (2015)

 "Richard acts for both claimants and defendants on catastrophic injury claims. He is also recognised for his expertise in cases relating to the Animals Act. 'He is fabulous to deal with.' 'He is very thorough and has good cross-examination skills.'‛ Chambers UK, Personal Injury (2015)

 ‚Richard is one of the leading catastrophic injury practitioners on the Western circuit. He is highly regarded for his expertise in a wide array of complex and specialist areas, including Animals Act work and claims against the Criminal Injuries Compensation Authority, and regularly handles extremely high-value claims for claimant and defendant solicitors. ‘He's knocking on the door of silk territory, he really is that good.’ ‚ Chambers UK, Personal Injury (2014)

 ‚Richard acts in commercial contractual disputes and has considerable expertise in arbitration, commercial agency and damage to property. ‘He is direct, has a no-nonsense approach and good drafting skills, and is technically very able and experienced.’ ‘He is reassuringly down to earth, good with clients and a good-quality advocate.’ " Chambers UK, Commercial Dispute Resolution (2014)

 ‚Stead is a respected figure in the construction fields, and has extensive experience in acting against architects, engineers and surveyors in professional negligence matters. ‘He has a direct, no-nonsense approach.’ ‘He has good drafting skills, and is technically very able and experienced.’ Chambers UK, Construction (2014)

 ‚Richard has a broad practice which covers the full range of personal injury claims. He is particularly regarded for his expertise in severe brain and spinal injury cases.‛ Chambers UK, Personal Injury (2013)

 ‚Richard is the set's head of chambers. He has a broad practice which encompasses personal injury, and professional negligence claims in addition to his construction and engineering caseload.‛ Chambers UK, Construction (2013)

 ‚Richard is an all-rounder with the ability to ‘calm and control proceedings.’ This helps explain why he is especially good in mediation. He has a good track record in catastrophic head and spinal injury cases and is also recognised for his experience of Animal Act cases.‛ Chambers UK, Personal Injury (2012)

 "’Highly tenacious’ Richard proves popular with instructing solicitors, who praise his ‘fantastic way with clients.’ His practice is complemented by tremendous expertise in construction disputes.‛ Chambers UK, Commercial Dispute Resolution (2012)

 ‚In spite of his many years of experience, sources say, Richard ‘remains incredibly enthusiastic’ and is known for his ‘forensic investigation of detail’ and ‘direct manner with clients.’ ‛ Chambers UK, Construction (2012)

 "Richard is a strong cross-examiner of witnesses and experts" Legal 500, personal injury and clinical negligence (2014)

 "Richard is a knowledgeable and commercial barrister, who gets to the point" Legal 500, construction, planning and environment (2014)

 "Richard demonstrates an appreciation and understanding of technical issues" Legal 500, Commercial, banking and insolvency (2014)

 "Richard works extremely well with clients, and has excellent advocacy skills." Legal 500, Construction (2013)

 ‚Richard has particular expertise in Animals Act cases.‛ Legal 500, Personal Injury (2012)

 ‚Construction specialist Richard Stead is ‘phenomenally experienced.’ ‚ Legal 500, Commercial (2012)

 ‚Richard is an excellent and persistent advocate. ‚Legal 500, Construction (2012)

Publications

Public Access

Richard is qualified to undertake Public Access work in appropriate cases, for further information, please visit our Public Access page.

Contact details