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Unfair prejudice petitions: can a director’s breach of duty bar their claim?
Richard Foss
"Richard is brilliant and so knowledgeable – he makes us aware of the risks, gives good advice and is very measured, personable and proactive."
Quote from a client in Chambers and Partners 2020
Richard leads the Disputes practice and acts for organisations in a variety of commercial disputes and also advises private individuals and entrepreneurs. Richard has particular expertise acting for and advising directors and management teams in relation to civil litigation.
He is experienced in both obtaining and defending injunctive proceedings, including Freezing and Search Orders. His focus is on achieving commercial and cost effective results and often advises on risk management approaches and strategies to avoid pursuing a dispute through the courts.
Richard has wide ranging expertise and specialisms and advises on contractual disputes, directors’ duties, civil fraud, insolvency, professional negligence, injunctions and financial services disputes.
Richard has also been appointed by the High Court to act as a Supervising Solicitor in relation to the execution of Search Orders.
He joined Kingsley Napley in 1995 and became a Partner in 1999.
WHAT CLIENTS AND DIRECTORIES HAVE SAID
"Clients praise Richard Foss for his ‘good tactical skills'"
Legal 500, 2016
"a true specialist in commercial fraud claims"
Legal 500, 2016
"... A safe pair of hands...''
Legal 500 UK, 2015
"...Industrious..."
Legal 500 UK, 2015
Recent work
- Acting for the director and shareholder of a major hospitality organisation in administration, advising on directors' duties, various contractual disputes and related financial disputes with banks, creditors and the administrators.
- Acting for a number of commercial clients against various financial institutions in relation to the mis-selling of Interest Rate Hedging Products or SWAPS ranging from between £1 million to £100 million and in relation to other complex financial products.
- Acting for a local authority in relation to a multi-million pound fraud involving the alleged dumping of waste materials, including obtaining Freezing and Search Orders against a number of defendants.
- Acting for a number of individual and commercial clients relating to claims for professional negligence against solicitors, accountants, insurance brokers, IFA’s and architects.
- Acting for a major PLC in a professional negligence claim against its previous solicitors which involved proceedings before the VAT & Duties Tribunal.
- Acting for various clients bringing and defending claims relation to directors’ duties, misfeasance, unfair prejudice, dishonest assistance, knowing assistance and breach of duties.
Professional societies and memberships
- Richard sits on the City of London Law Society Litigation Sub-Committee and the Committee of the Fraud Lawyers Association (FLA)
- Law Society
- London Solicitors Litigation Association (LSLA)
- Professional Negligence Lawyers Association (PNLA)
an extremely able, versatile, and experienced partner with excellent analytical skills and very fine judgement"
Legal 500 UK, 2019
experienced in both obtaining and defending injunctive proceedings, including freezing and search orders."
Legal 500 UK, 2019
a ‘very experienced litigator’ who has ‘sound judgement’ and ‘excellent client skills’"
Legal 500 UK, 2019
The "excellent" Richard Foss leads the dispute resolution practice. He has particular experience representing individuals and their associated companies.
Chambers and Partners, 2018
gives excellent client care and is very proactive, creative and easy to work with"
Legal 500, 2017
a "very knowledgeable" and "very sage individual."
Chambers and Partners, 2017
Practice leader Richard Foss is ‘a very good person to have on your side’"
Legal 500, 2016
a true specialist in commercial fraud claims’. His team has a ‘very strong defence’ focus and is aided by the firm’s renowned criminal team
good tactical skills"
Legal 500 UK, 2016
... A safe pair of hands''
Legal 500 UK, 2015
...Industrious"
Legal 500 UK, 2015
