The Rt. Hon. The Lord Keen of Elie KC

Richard was instructed on behalf of the Administrators in a £30million claim for breach of directors’ duties and unlawful distribution of company funds. The action proceeded in the Commercial Court.

Richard was instructed by the Administrators of an Isle of Man fund in connection with the tracing and recovery of +£200 million of funds distributed through various offshore SPVs. This included litigation in the UK.

Richard was instructed by SSE in a +£100 million contract dispute arising out of the construction of a hydro electric scheme. The action proceeded in the Commercial Court.

Richard was instructed in a long running arbitration arising out of a contract for the refurbishment/rebuilding of a government base.

Richard was instructed by insurers in a contribution claim arising out of fatal factory explosion. The action proceeded in the Commercial Court.

Richard appeared for the Foundation in the UKSC in an action involving the construction and application of an agreement for the funding of the Foundation by the Bank.

Action in the Commercial Court with respect to the enforcement/attempted reduction of a contract for the operation of a football supporters savings scheme.

Richard appeared for Dane in the Commercial Court and Court of Appeal in a successful application for the recall of interlocutory orders relating to an ICC arbitration involving a contract for the funding and construction of a power station in central Africa.

Richard was instructed for Cosalt and GTC in a series of claims arising out of the acquisition of GTC by Cosalt.  These involved claims for fraud, breach of contract and breach of covenant. The claims were the subject of a multi million pound settlement.

Richard was instructed on behalf of a Swiss group with respect to claims arising out of fraudulent transactions in respect of Contracts For Difference. The action was successfully concluded in the Commercial Court.

Richard acted on behalf of the defendants in a claim for damages in respect of breach of warranty in a share purchase agreement.  A challenge to the warranty claim was heard in the Commercial Court.  The claimants then appealed and recently settled the case prior to the hearing of the appeal.

Richard was instructed on behalf of the Royal Bank of Scotland in a litigation challenging the validity of loan guarantees.  The case concerned the scope of the bank’s right to renew or renegotiate loan terms pursuant to a standard term of their loan agreement, without notice to guarantors.

Richard was instructed on behalf of the Royal Bank of Scotland with respect to an appeal from the Commercial Court involving the alleged existence of collateral agreements to commercial loan transactions.

Richard was instructed on behalf of the bank with respect to claims involving the construction and application of a services agreement for the distribution of the bank’s cash throughout the United Kingdom.  

Richard was instructed on behalf of tie with respect to claims arising out of and in respect of the construction of the Edinburgh Tram Network.

This claim involved registration and exploitation of a product after patent expiry in the United States of America.  The timing of registration was achieved by means of testing in the United Kingdom which involved patent infringement.  Richard acted for Bayer who sought a springboard accounting of profits.  A preliminary decision of the Court in 2010 established the precedent for securing a springboard accounting of profits in such circumstances. 

Richard was instructed by Merck in connection with claims arising out of the licensing, prescription and use of the drug Vioxx in the United Kingdom.  The United Kingdom claimants were dismissed from a class action in the United States of America which was settled upon payment of $4.8 billion.

Richard appeared on behalf of Tullis Russell in these cross actions which concerned claims and counter claims arising out of an acquisition agreement and services agreement.  Tullis Russell’s claim for damages was completely successful following proof in the Commercial Court.  Tullis Russell took their defence of the Inveresk claim to the Supreme Court where they were successful on legal arguments relating to the construction of their agreement and a plea of retention.  Inveresk then abandoned their action.

Richard appeared for Sinopec in this long running litigation involving the management of the Kan Tan drilling rigs in the North Sea and Gulf of Mexico.  Following a six month arbitration, in which Richard appeared, Tor brought proceedings for judicial review which they subsequently abandoned. Tor’s remaining claim for damages came before the Commercial Court in 2010.  The major part of that claim, amounting to £64 million, was dismissed.

Richard appeared on behalf of Larsen in interlocutory proceedings in the Commercial Court involving the charter and operation of an oil drilling vessel in West Africa.  This involved matters of proper law, jurisdiction and forum in the context of a Russian registered vessel, chartered to a Norwegian company, licensed in Sierra Leone and operated from Aberdeen in Scotland.

Richard was instructed on behalf of Autolink in a litigation involving the determination of the repair and maintenance obligations under a long term DBFO contract for the M6 and M74.  Autolink were successful at first instance and upon appeal.  The quantification of their claim was then agreed.  The case involved the consideration of extensive expert engineering evidence from both UK and US experts.

Richard was instructed to appear on behalf of Scottish Power in the Supreme Court in a lead case to determine the issue of civil liability arising out of breaches of the power regulations.  The action against Scottish Power was dismissed. 

Richard was instructed for the Petitioner in this s.994 application re unfair prejudice to a minority. The Petitioner secured an order to purchase the shares of the majority directors and secured control of the company. He secured a further order for deduction from the share purchase price of the multi million pound loss which had been made on FOREX contracts entered into without his knowledge. The majority directors eventually abandoned an appeal to the Supreme Court.

Richard was instructed for the Petitioner in this s.994 application re unfair prejudice to a minority. The application was initially defended on the merits but after a series of interlocutory hearings in the Commercial Court the Petitioner’s shares were purchased by the company.

Richard was instructed on behalf of the Royal Bank of Scotland in a litigation challenging the validity of loan guarantees.  The case concerns the scope of the bank’s right to renew or renegotiate loan terms pursuant to a standard term of their loan agreement, without notice to guarantors.

Richard was instructed on behalf of the Royal Bank of Scotland with respect to an appeal from the Commercial Court involving the alleged existence of collateral agreements to commercial loan transactions.

Richard was instructed on behalf of the bank with respect to claims involving the construction and application of a services agreement for the distribution of the bank’s cash throughout the United Kingdom.  The case is at present the subject of appeal.

Richard was instructed on behalf of a Swiss group with respect to claims arising out of fraudulent transactions in respect of Contracts For Difference.

The Supreme Court heard arguments in the legal challenge to the prime minister, Boris Johnson’s decision to prorogue Parliament. Richard acted on behalf of the Advocate General of Scotland.

Richard acted for the Government in this case concerning a judicial review raised by a group of politicians who are seeking clarification on when and how the UK notification to leave the European Union could be unilaterally revoked before the two-year Brexit deadline on 29 March 2019, or whether it needs the unanimous consent of the 27 other Member States to do so.

Supreme Court case concerning whether the Government could give notice under Article 50 using its prerogative powers to enter into and withdraw from international treaties without securing authorisation from Parliament. Richard acted for the Secretary of State for Exiting the European Union.

Richard appeared for Tesco in an application for the suspension of a Local Development Plan and related proceedings for review of a planning decision. The planning authority ultimately withdrew their opposition to the JR.

Richard appeared for Cairn in proceedings to prevent disruption of oil exploration activity in Greenland waters.

Richard appeared for Imperial in the UK Supreme Court in a challenge to legislation banning the display of tobacco products.

Richard appeared in the UK Supreme Court for SOCA in proceedings to determine the scope of legislation with respect to the proceeds of crime.

Richard was instructed on behalf of Axa and other insurers in respect of a challenge to the legality of an Act of the Scottish Parliament which would impose an obligation upon insurers to indemnify claims in respect of pleural plaques as claims for personal injury which they insured against. The challenge was advanced on both common law and ECHR grounds. 

Richard recently acted on behalf of a major retailer in respect of a proposed challenge to the Non-Domestic Rates (Levying) (Scotland) (No.3) Regulations which would have imposed a significant rates supplement on large retail premises. In addition to a general vires challenge there were issues with respect to Article 107 TFEU (state aid) and Article 49  TFEU (freedom of establishment). The Regulations were withdrawn.

Richard acted on behalf of a major developer in challenging an attempt by Glasgow City Council to employ The Tax Increment Finance Initiative in support of a competing retail development. 

Richard was instructed for the Scottish Ministers to oppose an application for review in respect of the notification requirements of the Sexual Offences Act 2003. The application was refused at first hearing but ultimately granted in a conjoined appeal to the Supreme Court.