Richard Oulton

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YEAR OF CALL: 1995

Richard qualified as a solicitor in 1985 and joined the city law firm, Travers Smith. He practised in the commercial litigation department and was made a partner in 1991. Notable cases included acting for a consortium of local authorities in a challenge to the privatisation of the water industry in 1989, and representing the Mirror Group Pension Trustees in the Maxwell litigation in the early 1990s. Richard transferred to the bar in 1995, and joined 5 Essex Court in 2005.

Employment Law

Richard is a specialist employment lawyer, regularly representing both respondents and claimants in courts and tribunals and providing clear and practical advice on work-related issues. He has a particular interest in discrimination law, and is the co-author of “Disability Discrimination in Employment” which was published by Oxford University Press in 2009.

Recent cases:

  • Mannion v Ginty: Acted for claimant in property claim concerning the right to buy legislation. Successfully opposed defendant’s appeal to the Court of Appeal based on alleged breaches of Articles 6 and 8 against a High Court order striking out her defence following serial procedural breaches.
  • Thakore v MPC: Successfully opposed claimant’s application at pre-hearing review to extend time for presentation of an unfair dismissal claim on grounds that it was not reasonably practicable to do so. Claim struck out.
  • Grender v Trafford: Acted for defendant executors in claim brought against the estate by beneficiary. Settled at mediation.
  • Ryan v Mellor: Acted for Claimant in successful claim under the sale of goods legislation concerning a bicycle with defective brakes.
  • Hunter v MPC: Acted for Respondent in London South defending whistleblowing and disability discrimination claims brought by a former police officer. Claims struck out at PHR.
  • Robinson and others v General Vending Services Ltd: Acted for Respondent in 3 day hearing in London South defending TUPE claims brought by former employees.
  • Sher v Chief Constable of Derbyshire: Acted for Respondent in 12 day hearing in Birmingham employment tribunal, defending claims of disability discrimination, race discrimination and victimisation.

 

  • Whitaker v MPA: Acted for Respondent in 7 day hearing in Central London and successfully defended claims of unfair dismissal, wrongful dismissal and age discrimination brought by Logistics Director.
  • Baxter v Titan Airways : Represented Respondent travel company in EAT in this appeal brought by Claimant who argued that he should be paid the national minimum wage for layover periods when he was required to sleep close to his clients’ home addresses, in order to take them to the airport the next morning. Appeal dismissed. The EAT held that the Claimant was neither working nor deemed to be working during those periods under NMW Regulations.
  • Bishop v Metropolitan Police: Represented Respondent police force in this case brought by a part time trainer claiming unfair dismissal. In issue were the Claimant’s employment status and the meaning of temporary cessation of work for the purposes of ERA1996, s.212. Permission for appeal and cross appeal to EAT both allowed.
  • Smurthwaite v Durham Police: Advising Respondent police authority in claim brought by member of staff for breach of contract and harassment causing personal injury.
  • Carruthers v MPA: Represented Respondent police authority in 10 day employment tribunal hearing defending claims of associative disability discrimination, race discrimination and constructive dismissal.
  • Ashworth v Norfolk Police: Representing Respondent police authority in case brought by probationer CSPO alleging disability discrimination (asthma) and unfair dismissal.
  • Hawkins v Norfolk Police: Representing Respondent police authority in case brought by probationer CSPO alleging disability discrimination (post traumatic stress disorder) and unfair dismissal.
  • Underwood v Nuffield Health: Represented Claimant under Direct Professional Access in unfair dismissal claim in Reading employment tribunal.
  • Watkins v Xerox (UK) Ltd: Acted for claimant in 10 day constructive dismissal hearing in Watford employment tribunal
  • Tuffley v Amlin Corporation Services Ltd: Acted for claimant in 5 day disability discrimination claim in Central London employment tribunal
  • Saunders v Hampshire County Council: Acted for defendant local authority in disability discrimination claim
  • Unite the Union v Swissport Ltd: Acted for respondent in collective redundancy consultation claim in Manchester employment tribunal
  • Gardiner v Swissport Ltd: Acted for respondent in sex discrimination claim in South London employment tribunal
  • Rowan Capital Management plc v Marchmont: Acted for defendant in High Court proceedings for injunctive relief for alleged breach of restrictive covenants in employment contract
  • Lucas v Dalkia plc: Acting for respondent in unfair dismissal claim in Birmingham employment tribunal
  • Baxter v Titan Aviation Ltd: Acted for respondent in discrimination claim brought under the Part-Time Workers Regulations 2000
  • Ellis v North Yorkshire Police: Acted for respondent in constructive dismissal claim in Leeds employment tribunal

Personal Injury

Richard also has extensive experience of personal injury cases, and is particularly interested in employer’s liability for work-related stress, accidents at work, and health & safety issues.

Recent cases:

  • Hamer v Durtnall & Sons Ltd: Represented Claimant scaffolder following accident at work. Successfully applied to court for permission to rely on new medical expert shortly before trial. Settled claim at joint settlement meeting.
  • Langley v Alltask: Represented Claimant scaffolder in claim for damages following accident at work. Claimant’s claims of negligence and breach of statutory duty upheld at trial, and damages awarded.
  • Connelly v Live Nation: Representing scaffolder following fall from lighting gantry at U2 stage set at Wembley stadium in which he suffered serious injury to his foot and ankle.
  • Johnson v Nash: Represented Claimant woodsman who suffered amputation to thumb in woodcutting accident at work. Claims for breach of statutory duty settled at court.
  • Hawke Davis v Hampshire County Council: Advising Defendant council in claim brought by employee for breach of statutory duty following accident at work.
  • Saunders v Hampshire County Council: Acted for defendant local authority in claim for breach of statutory duty under health & safety legislation
  • Shute v Hampshire County Council: Acted for defendant local authority in claim for breach of statutory duty under health & safety legislation
  • Barry v Malik: Acted for defendant in occupier’s liability claim
  • Bond v Edworthy & MIB: Acting for severely injured claimant in claim against MIB
  • Tucker v Williams: Acting for severely injured claimant in negligence action
  • May v Hampshire County Council: Advising defendant local authority in claim for provisional damages for breach of statutory duty under health & safety legislation

Commercial Law

Richard has considerable experience of commercial dispute resolution, both as a solicitor and as a barrister. He has acted in numerous High Court and County Court actions, covering a wide range of commercial and contractual disputes, professional negligence, partnership, insolvency and property cases.

Recent cases:

  • Simons v Fletcher: Advised Claimant in his claim for professional negligence against architect/project manager arising out of a basement conversion which was not waterproof. Claim settled by Defendant pre trial.
  • Triangle v India Post: Advising Claimant company in relation to jurisdictional matters arising in respect of claims for breach of contract/misrepresentation against state owned company in India.
  • Freeman v Rivett: Advising Claimant in company dispute between shareholders and in relation to shareholders’ agreement.
  • EOS v Eden Ltd: Advising Defendant in international sale of goods dispute.
  • Management & Business Advisors v Charbonnel ET Walker Ltd: Acting for defendant in multi-track commercial contract dispute in Norwich county court
  • MI Design v Hall: Acted for defendant in 5 day multi-track building dispute in Luton County Court and in subsequent appeal to Court of Appeal
  • Mannion v Ginty: Acted for claimant in property claim in Chancery Division of the High Court
  • Mirza v Bromley: Acting for defendant in partnership dispute in Bromley County Court

Lectures

Richard provides CPD lectures to solicitors on all aspects of his practice, and his regular updates on discrimination law are available as podcasts from CPDcast.com.

Education

College of Law, 1981-1983

Oriel College, Oxford, 1975 – 1979 (1st in Classics)

Charterhouse School (Scholar) 1970-1975

Interests

Family, Piano, Chelsea FC, Coastal Paths.

CPDCast link