Richard Portlock Partner
Richard specialises in professional liability, including negligence and cases involving dishonesty, fraud and breach of fiduciary duty.
Main areas of practice
As well as professional negligence, he also has expertise in general commercial litigation, in which he has commercial court and arbitration experience, insurance coverage disputes and cases relating to pensions and financial services. His dispute resolution experience encompasses litigation up to the Court of Appeal, international arbitration and mediation.
His Court of Appeal cases include Taplin Ltd v Guyer Ensor Byfield (valuation of the lost chance, unreported) and Westbury v Sampson (2001). He has handled a large number of cases involving allegations of dishonesty, fraud and breach of fiduciary duty, as well as negligence. Richard's court practice areas also include general commercial litigation, in which he has Commercial Court experience, insurance coverage disputes and cases relating to pensions and financial services.
Pensions: acting in pensions disputes for companies, professionals, insurers, individuals and trustees for well over 20 years. In relation to occupational pension schemes, Richard acts and advises in particular in matters relating to claims for and compromises of statutory debt, the construction and rectification of scheme documentation and professional negligence claims against pensions advisers and trustees. Richard led the team acting for the representative beneficiary to trial of the rectification case Drake Insurance v HR Trustees and Another.
In 2001 he was appointed to the Professional Indemnity Panel of PASS (Pension Advisers Support System Ltd).
Public sector: acted in judicial review cases concerning, for example, local authority grant funding and financial services as well as in commercial disputes relating to public bodies. Richard also advises and acts for private sector clients and public bodies in public procurement law challenges.
Risk management: special interest in risk management in professional firms, on which he speaks at seminars and conferences.
Solicitors Regulations Authority: In 2006, Richard was appointed as an Intervention Agent for the Solicitors Regulations Authority.
We highlight a case that clearly demonstrates why professionals need to advise their clients of changes in the law or legislation if they have promised to do so.
Articles by Richard
QSRC LTD (‘QSRC’), Regina (on the Application of) -V- National health service Commissioning Board (‘NHS England’) and another
Judgment was handed down on Monday 21 December in the first case to consider the NHS (Competition, Procurement and Patient Choice) No 2 Regulations 2013, and in which case Blake Morgan acted for the defendant, NHS England.
We consider a recent solicitor's negligence case, which provides useful guidance on how to assess litigation costs as damages when a mitigation defence is successful.
Related Knowledge & Resources
With employers planning Christmas parties, or indeed any kind of "works do", we look at a case where the employer was held vicariously liable for an employee's actions when those at the office party moved on to another venue where a fight broke out.
A lot of employers are being advised to consider unregistered group life schemes for their staff for the provision of lump sum death in service benefits.
Following its Green Paper on Security and Sustainability in Defined Benefit Pension Schemes in February last year the DWP has now published its white paper under the above heading.
Blake Morgan provides a helpful guide for Marinas and Boat Yards on recovering outstanding berthing fees.
Our Dispute Resolution team guide you through the options for funding commercial disputes.