Richard Lissack QC

Call date: 1978 Date of silk: 1994
Email: Richard Lissack QC
Areas of Law: Specialist Crime, Clinical Negligence, Employment & Discrimination, Financial Services, Health & Safety, Disciplinary & Regulation, Professional Negligence, Public Law, Commercial Fraud, Environment, Commercial Litigation, Public Inquiries
Practice summary

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Richard Lissack QC is Head of Strategic Development at Outer Temple Chambers. For several years the legal directories have recognised his ‘leader’ qualities across multiple areas of law, this year it was nine - banking and finance, financial services, commercial litigation, fraud, employment, professional discipline & regulatory law, health & safety, administrative & public law, public inquiries, and clinical negligence & healthcare.

His practice is national and international and he has recently worked in New York and Abu Dhabi, the British Virgin Islands, Italy, Switzerland, Luxembourg and Hong Kong. His practice is mainly high profile complex litigation and is weighted towards commercial and public law work. His commercial practice includes a significant amount of corporate work and in particular international financial services and banking, commercial fraud, corporate killing and regulatory breaches. Over the last 12 years, he has appeared in a steady stream of high profile cases in all these areas with a strong appellate practice – visit http://www.rlqc.com for more information.

A single client testimonial exemplifies the quality of Richard’s work:

HSBC Private Bank-v-Shah: QBD/Court of Appeal. “Richard led the bank’s application to have the Claimants' claim for US$387million struck out. This seminal case concerned the relationship between a bank's contractual obligations to a customer and its duties under the Proceeds of Crime Act 2002 to the state to report any suspicion of money laundering. The significance of the judgment for bankers, lawyers, and accountants – indeed all concerned with potential money laundering - cannot be overstated. From first instruction, Richard’s contribution to the case was critical: he was instrumental in leading his team in formulating a legal and procedural strategy that was both ambitious and demanding. During the hearings before Hamblen J and the Court of Appeal Richard had to deal on his feet with new and apparently ever changing arguments being advanced by the other side. They re-amended their pleadings twice during the hearing before Hamblen J, and, on appeal the Appellants had nine grounds: six lost, one abandoned, one technical win and they ran with limited success an argument not pleaded, not run before, and which appeared nowhere in the skeletons. Richard’s approach is cool, calm and collected: he was quick to identify the key issues at stake and cut to the chase in what has been a legally complex and demanding case. Shah-v-HSBC and K Ltd-v-Nat West are the cases in this area of law and through them Richard has played an important role in shaping the law in this area. Richard and I urged the legal team and clients to take a tough line on costs. Our approach was ambitious.  Richard’s reading of the situation, the court, and the arguments was borne out by the extremely favourable costs orders: the Court of Appeal disallowed Mr Shah any costs at first instance and allowed only 25% of his costs on appeal. The costs order reflected the level of success in the appeal and saved the Bank substantial sums. As well as being an excellent advocate Richard is highly regarded because of the way he deals with clients and those instructing him. He masters the detail of a case very quickly and his inclusive and unstuffy approach is a breath of fresh air which clients really appreciate.  As a consequence, he is seen as the go-to lawyer for big ticket financial services litigation.” Daren Allen, Partner, DLA Piper.

He is much in demand as a public speaker, and is also consulting editor for the recently published and definitive OUP publication on public and private inquiries.
 

Publications

Oxford University Press – Public and Private Inquiries
Butterworths - Financial Services Authority Handbook

A selection of recent cases
  • Alstom S.A. Securities Class action
  • Richard appears for main party at New York Mediation for Multi-Billion US Dollar litigation.

 

  • Dagaef v Russian Federation
  • Russian extradition proceedings in Administrative Court.

 

  • R v Rimmington
  • He is appearing in a landmark case against a US attorney for insider dealing.

 

  • Operation Holbein
  • The Multi-pound drugs fraud for the SFO.

 

  • Re Nimrod Review
  • Issues arising out of loss of Nimrod reconnaissance aircraft in Afghanistan.

 

  • Nolan v USA
  • Landmark case on State immunity and the rights of employees.

 

  • Royal Bank of Scotland v Allen
  • The first case ever on the scope of a supplier of services delivered remotely to make reasonable adjustments under the Disability Discrimination Act.

 

  • R v Chargot
  • Section 3/37 test case in House of Lords.

 

  • Buncefield Oil Refinery Explosion
  • A classic case illustrating the unusual cross-over in his practice between enforcement and commercial claims. He is currently advising in connection with both the regulatory proceedings and the consequential claims arising from the explosion.

 

  • Health & Safety
  • His record in Health & Safety work is unsurpassed, including the Hatfield, Tebay, Potters Bar, Ladbroke Grove and Southall train crashes, the Lyme Bay tragedy and the sinkings of the ‘Maria Assumpta’ & the ‘Pescado’.

 

  • R v Cotswold Geotech
  • The first prosecution under the Corporate Manslaughter Act. 
Richard Lissack QC

"QC of choice in any big case" and has recently acted in a host of such cases, from Buncefield to HSE v Chargot and R v Cotswold Geotechnical. He is a "standout silk who is incredibly personable, great on his feet and really gets the ear of the court."  Health & Safety, Chambers and Partners 2012

Richard Lissack QC also specialises in the criminal aspects of financial services work, proving "a very strong, persuasive and excellent advocate." He represented Andrew Rimmington in the insider dealing case brought by the FSA, which led to an acquittal.

Regulatory expert Richard Lissack QC of Outer Temple Chambers focuses mainly on high-value and sometimes precedent-setting litigation across a number of international jurisdictions. He recently represented the government of Brazil in an enormous asset-tracing action against a number of banks and other parties in the British Virgin Islands.  Financial Services, Chambers and Partners2012

Richard Lissack QC has "very strong tactical judgement and a good rapport with the court, and is excellent with clients,".

He  "has an easy-going team spirit" and is really gifted: "He offers a value-added service”.  FraFraud, Chambers and Partners 2012

Richard Lissack QC is a well-regarded silk whose employment practice centres on those cases with an international or multi-jurisdictional element. Recent highlights include United States of America v Nolan.

Legal 500 2011

Banking and Finance
Richard Lissack QC is valued for his ‘very practical advice and strong regulatory nous’. Among the juniors, the ‘very user-friendly’,

Civil liberties and human rights
‘Consummate advocate’ Richard Lissack QC

Employment
Richard Lissack QC is a ‘tough and insightful litigator with strong commercial nous’. 

Health and safety
The ‘absolutely excellent’ Richard Lissack QC is ‘one of the country’s leading health and safety barristers, with huge depth in expertise’,

Appointments & memberships:

He has sat part-time as a judge for 16 years, is a member of the Institute of Arbitrators and, in 2004, became a Silk at the Bar of the East Caribbean. In 2007 he was called as a foreign legal consultant to the New York Bar, joined the Northern Ireland Bar as a QC and became a founder member of the Financial Services Lawyers Association. In 2008 he was admitted to the Dubai International Financial Centre Courts (this provides full rights of audience in the Dubai Commercial Courts) and he became a bencher of Inner Temple. Richard is also in the register of public access-accredited barristers.

  • Member, Chartered Institute of Arbitrators
  • Financial Services Lawyers Association (Board Member)
  • Human Rights Lawyers Association
  • Commercial Bar Association
  • International Bar Association
  • Employment Law Bar Association
  • Bar European Group
  • Health and Safety Lawyers Association
  • American Counsel Association
  • Federal Bar Council of New York