Richard Wilkins

Experience

• From an original professional indemnity practice, I developed a dispute resolution specialism in professional regulation; discipline; education and training; along with disputes concerning charities and similar organisations.
• I have acted for professional regulatory bodies, including in the legal profession frequently for the Bar Standards Board; professional practices; universities; schools (both state and private); local authorities; sports, social and other membership organisations.
• I act on private instructions and extensively for insurers, including under professional indemnity, directors and officers (D&O) and trustee policies. I have advised on a range of policy issues, including on other types of cover. For example, topically on business interruption claims arising from the Covid 19 emergency impacting on whole sectors of business.
• My practice engages a wide variety of areas of law, including principles of professional liability; judicial review; contractual disputes (including amongst members); governance; discrimination; the boundaries of justiciability; data and related issues.
• In addition to court proceedings, where as a barrister I hold full rights of audience, I have represented clients in respect of various tribunals, including frequently the employment tribunal in its regulatory body jurisdiction; ombudsman and other governmental enquiries. 
• I frequently advise on risk avoidance in relation to matters touching my dispute resolution practice, including revising governance arrangements and other policies, and actions to identify the need for improved compliance.
• Much of my work is highly sensitive and emotionally charged, in which non-pecuniary demands frequently present the greatest challenge to resolution. I have particular experience of finding creative solutions where possible to such disputes, through innovative negotiation, as well as mediation. I have significant experience of engaging with the media and instructing reputation management specialists.  

Interesting, notable or particularly challenging instructions include:

• advising a major insurer on COVID-19 business interruption cover;
• defending multi-party litigation arising from well publicised admitted deficiencies in a national regulatory body through to the Court of Appeal;
• a high profile challenge to the lawfulness of allegedly socially descriminatory school admissions (R (on the application of Drayton Manor High School Governers) v Office of the Schools Adjudicator);
• alleged systematic discrimination in the bar disciplinary process, including to the Supreme Court (O' Connor v Bar Standards Board);
• the liability of local authorities for financial advice to children in their care;
• an unusually difficult residents' association dispute concerning historic covenants, rights of way and trustee obligations;
• alleged unlawful collusion between London solicitors and "oligarch" clients concerning property transactions;
• attempts to broaden the principles in White v Jones in a family will dispute.