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LANCASTER HOUSE, 67, NEWHALL STREET, BIRMINGHAM, B3 1NQ, ENGLAND
Tel:
Work 0121 314 0000
Fax:
Fax 0121 262 1870
Email:
Web:
www.egl-law.com

Richard Cooper

Tel:
Work 01212626432
Email:
Emms Gilmore Liberson

Work Department

Commercial Dispute resolution

Position

Director of Commercial Litigation Services

Richard’s primary aim is to ensure that disputes are resolved as quickly, and as cost effectively as possible by mediation, other forms of alternative dispute resolution and through the courts when necessary. Richard has significant experience of fighting his client’s corner in the County Court, High Court, and Court of Appeal as well as experience of bringing proceedings in the Supreme Court.

Richard has a breadth of experience in dealing with:

Company Disputes : both in respect of shareholders who can no longer work together where there is deadlock , or where unfairly prejudicial conduct has occurred and bringing claims against directors for breach of their director’s duties, whether by the company, or through a member bringing a derivative action. Richard also has a good working knowledge of issues affecting company valuations working along trusted accountancy / valuation experts.

Partnership disputes : primarily acting for other solicitors, medical professionals and restauranteurs, in particular in relation to disputes arising on dissolution, matters arising on the construction of partnership agreements, recovery of overdrawn partnership accounts, and enforcement of other partner obligations.

Professional negligence claims : Richard has successfully brought claims against solicitors, accountants, surveyors and valuers.  Those claims have ranged from modest claims, to claims in excess of £20 million which have resulted in trials lasting many weeks. Richard’s professional negligence clients have ranged from private individuals, SMEs, to various high street banks and building societies.

Contractual disputes : Richard has acted in breach of contract claims, claims involving the enforcement of guarantees, defective / unsatisfactory goods claims, agency contracts, claims for loss of profits and breach of warranty claims.

Individual and Corporate contentious Insolvency: Richard has extensive experience ranging from being involved at the outset in serving statutory demands, contested applications to set aside statutory demands, injunctions to restrain advertisement of petitions, to the hearing of the bankruptcy or winding up petition itself.   Insolvency Practitioners often instruct Richard to bring claims under the Insolvency Act 1986. Those claims primarily relate to alleged preferences, transactions at an undervalue, transactions defrauding creditors and/or possession and sale proceedings. On many occasions Richard has worked with disgruntled creditors to appoint an Insolvency Practitioner of their choosing so as to allow claims to be brought under the provisions of the Insolvency Act.  Richard also has experience on applications for annulment of bankruptcy orders, and or rescission of winding up orders.

Contentious Trust and Probate disputes are an area of particular interest to Richard.  Richard has acted primarily for beneficiaries wishing to uphold the deceased’s wishes as expressed in their Will when other parties raise allegations of want of knowledge and understanding, lack of capacity, duress and possibly that inadequate financial provision has been made.  Richard is a full member of the Association of Contentious Trust and Probate Specialists.

Key Experience

Acting for a minority shareholder in a claim in excess of £600,000 under a no win no fee agreement.

Acting for 62 claimants in a claim of professional negligence against a Top Four firm of accountants arising out of a negligent share valuation pursuant to the “good leaver” provisions.

Acting for 35 claimants in a claim against a national developer where properties not built in accordance with the planning permission and properties subsequently being subject to an enforcement order.

Acting for purchasers of a property in a claim against a surveyor where he failed to identify substantive property defects.

Claims in the High Court concerning the miss-selling of various swaps and hidden swaps.

A partnership dispute concerning medical professionals and partnership assets in excess of £700,000.

A shareholder's unfair prejudice claim in the Commercial Court London, arising out of the allotment of shares.  Claim in excess of £1.5 million.

Acting in a successful boundary Dispute at first instance and subsequently in the Court of Appeal.

Defending a claim of misrepresentation on the sale of a holiday park.

Negligence claim against conveyancing solicitors for failing to make adequate enquiries prior to purchase.

Obtaining judgment for an Insolvency Practitioner and principal creditor in excess of £1 million arising out of a director’s misfeasance on the sale of a company.

Defence of a claim under the Inheritance Provision for Family and Dependants Act 1975.

Defending claims of lack of capacity, undue influence and/or duress in connection with various Wills.

Contested probate claim that a life time gift should constitute a double portion.

Successful claim to a beneficial interest where property registered in the name of another.

Architect’s professional negligence claim where plans bore no resemblance to the property.

Successful Defence to a claim of unjust enrichment by a local council.

Acting for various banks and building societies in claims of professional negligence against valuers.

Career

Trained Bell Lax, qualified (2002) Partner (2007), Sydney Mitchell LLP 2011, Emms Gilmore Liberson (2016 to date)

Languages

English

Member

ACTAPS

Leisure

Water skiing and spending time with family


West Midlands: Dispute resolution

Commercial litigation: Birmingham

Within: Commercial litigation: Birmingham

Emms Gilmore Liberson ‘definitely punches above its weight’ –  ‘it is making significant inroads in to business to business disputes in the region using its flexibility to real advantage in how it meets client needs’. Director Richard Cooper is ‘brilliant – he is there when clients need him, and the way he manages cases in court is both professional and extremely clever; his attention to detail and client care are both first-class’ has a practice which includes such varied matters as shareholder disputes, restrictive covenant litigation and unjust enrichment claims. Peter Adkins, another director, has aviation expertise. Director Gurmeet Jakhu joined on January 2018 from Knights Professional Services Limited, while associate director Fabienne McAllister joined from Lanyon Bowdler.

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