Richard Clarke > Chambers of David Holland KC and Jenny Wigley KC > London, England > Barrister Profile
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Richard Clarke
Position
Richard is a specialist property barrister whose practice spans the full range of property litigation. He has extensive experience in residential and commercial landlord and tenant cases, as well with cases concerning easements, covenants, boundaries and adverse possession. Richard acts for both landlords and tenants and his clients include government agencies, local authorities, portfolio landlords and individuals.
Richard regularly acts unled in complex and high-value litigation, including at appellate level. His recent reported cases include R (Sensar Ltd) v Chief Land Registrar [2021] 4 W.L.R. 36, a judicial review concerning the operation of s73(5) of the Land Registration Act 2002, and Football Association Premier League v Lord Chancellor [2021] 1 W.L.R. 3035; [2021] Costs L.R. 415; [2021] 2 Cr. App. R 16 (Divisional Court), an appeal concerning whether the investigate costs of a private prosecution are recoverable.
He regularly acts for and advises parties on applications for landlord consent under residential leases. His cases include acting for a tenant challenging their landlord’s refusal to grant consent to alterations. He successfully acted for a landlord challenging a substantial fine issued by a local authority under s249A of the Housing Act 2004, with the Tribunal reducing the fine by over 90%. Richard has significant experience of service charge claims before the First-tier Tribunal.
Richard is the author of ‘A Practical Guide to Alienation, Alteration and User Covenants in Commercial Property’ (July 2023, Law Brief Publishing), a book for solicitors and surveyors on the workings of covenants in commercial property.
Memberships
Memberships
- Richard is a member of the Property Bar Association and Administrative and Public Law Bar Association.
- Richard was a member of the Attorney General’s Panel of Counsel (C panel) between 2018 and 2023.
Appointments
Richard was appointed as a Deputy District Judge in October 2022.
Richard is qualified to accept to public access instructions.
Education
Qualifications
- LLB (first class) from Southampton University: 2006
- Bachelor of Civil Law (BCL) from Oxford University: 2007-2008
- Bar Vocational Course: 2008-2009.
Scholarships
- Queen Mother Scholar (Middle Temple)
- Harmsworth Entrance Exhibition Scholar (Middle Temple)
Personal
Awards
Before coming to the Bar, Richard won several advocacy prizes including:
- The Norton Rose prize for best speaker in the Murdoch University International Maritime Arbitration Moot 2006 in Perth, Australia
- The Mocatta Moot Prize for winning the University of Southampton Mooting Competition in both 2004 and 2005.