Richard Moore

Richard is a partner in the Commercial and Private Client Litigation team specialising in the resolution of commercial disputes.

He undertakes cases in the County Court, High Court and Court of Appeal in England & Wales and is an experienced advocate appearing at hearings in the County Court, Intellectual Property Enterprise Court and the High Court.

A significant proportion of Richard’s work involves high value commercial and intellectual property disputes, often with an international element. He is a keen supporter of mediation and alternative dispute resolution. He is also an Associate of the Chartered Institute of Arbitrators and a member of the Procurement Lawyers’ Association.

Experience

Examples of work that Richard has been involved in the last three years include:

• Successfully acting on behalf of a clinical waste disposal company against a £7 million public contract award by six English NHS Trusts to an industry rival for the provision of clinical waste disposal services. Judgment entered by consent with damages and costs.
• Successfully acting on behalf of a group of Italian investors in respect of a breach of contract and indemnity claim involving companies domiciled in Hong Kong and the UK.
• Acting on behalf of a UK leisure business, in expedited proceedings in the Patents Court against a Dutch company concerning patent infringement allegations and a claim for groundless threats with wins in the Patents Court, Court of Appeal & UK Supreme Court.
• Acting successfully on behalf of a number of business buyers and sellers in warranty claims arising from share purchase agreements and deferred consideration payment disputes.
• Acting on behalf of a wide range of businesses in intellectual property disputes with successes against intellectual property infringers including Groupon UK, Groupon Goods Global GmbH, B&M Retail and Home Bargains in the High Court and IPEC.
• Successfully acting on behalf of a petitioner in a section 994 claim for unfair prejudice in the High Court in Manchester which settled on the first day of trial.
• Advising an Austrian company in a dispute concerning a contract for the supply and installation of photovoltaic cells which was subject to arbitration under LCIA Rules.
• Acting successfully on behalf of a number of companies in relation to breach of confidence claims and breach of fiduciary duty claims against ex-employees and directors in the High Court and County Court.
• Acting on behalf of a Norwegian company in a patent infringement claim in the Patents Court concerning hydrocarbon reservoir monitoring technology which settled via a global licencing agreement and an out of court settlement.

Reported cases of note in the High Court and the Court of Appeal include the following matters:

• EPI Environmental Technologies Inc. & (2) EPI Environmental Products Inc. v (1) Symphony Plastic Technologies plc & (2) Symphony Environmental Products Limited [2004] EWHC 2945 (Chancery Division) & [2006] EWCA Civ 3 (Court of Appeal) – alleged copying of trade secrets and breach of confidence.
• Bayer CropScience KK & (2) Bayer CropScience AG v (1) Ki-Hara Chemicals Limited & (2) McColl [2007] EWHC 1087 (Patents Court) – patent infringement & personal liability of company director as a joint tortfeasor.
• Hailes v Hood & Others [2007] EWHC 1616 (Chancery Division) – limited liability partnership dispute concerning a City of London stockbroking partnership.
• Baker v HMRC [2013] UKFTT 394 (Tax Tribunal) – interaction between s.143(2) Companies Act 1985 and s.209(2)(b) Income & Corporation Taxes Act 1988 (successful appeal against an HMRC income tax assessment).
• William Mark Corporation Inc. & (2) China Industries Limited t\a “Wow! Stuff” v Gift House International [2014] EWHC 2485(IPEC) & [2015] EWCA Civ 521 (Court of Appeal) – patent infringement & registered community design right infringement.
• William Mark Corporation & (2) China Industries Limited t\a “Wow! Stuff” v B&M Retail [2016] CC12PO3924 (IPEC) – patent infringement & design right infringement.
• Icescape Limited v (1) Ice-World International BV (2) Ice-World UK BV & (3) Bottema [2017] EWHC 42 (Patents Court) &[2018] EWCA Civ 2219 (Court of Appeal) & [2018] 2018/207 (UK Supreme Court) – patent infringement, groundless threats, publication order, director’s personal liability, patent revocation and damages for groundless threats.