Richard Clayton KC

Call 1977  | Silk 2002  | Recorder Deputy High Court Judge 2012

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+44 (0)1132 455 866
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clerks@stpaulschambers.com
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Richard Clayton KC advises and litigates for and against public bodies on judicial review including social care, data protection, discrimination, local government law (eg vires and powers, governance issues and finance) and regulatory/disciplinary work.  He is also a commercial litigator/arbitrator with particular expertise in public sector disputes; emergency injunctions like freezing and seizure orders; civil fraud, breaches of fiduciary duty, insolvency etc. His international practice includes Privy Council appeals and court work in the Caribbean.  He has conducted over 30 Supreme Court appeals.

Richard has sat as a Deputy High Court Judge since 2012, is a Bencher at Middle Temple, was the United Kingdom’s representative to the Venice Commission (the Council of Europe’s advisory body on constitutional law) from 2011 to 2019 and is a former Chairman of the Constitutional and Administrative Bar Association.

Chambers & Partners describe Richard as

one of the finest minds at the Bar… an intellectual giant who is an asset to the Bar.”

Brilliant on his feet

very sharp when it comes to tactics. He is very good at guiding you on what the judge is likely to be thinking, his “command of the subject is almost second to none. He is thoughtful, approachable, and very client-focused

affable and has a mature approach” “calm, reliable and consistent” and “has a very wide knowledge of the law.”

 

Expertise

Richard Clayton KC is a highly experienced commercial barrister, regularly instructed in complex, high-value commercial disputes where strategic judgment and senior-level advocacy are required.

His commercial practice encompasses contractual and shareholder disputes, public procurement challenges, disputes involving public bodies and regulated entities, and cases with an international or cross-border dimension. He is particularly well suited to matters that raise novel legal issues, regulatory considerations or public law dimensions, and where commercial disputes carry wider financial or reputational consequences.

Richard is frequently instructed at key pressure points in litigation, including at an advanced stage, for urgent applications, or where a case requires reframing for trial or appeal. Solicitors value his ability to cut through complexity, identify the real issues, and provide clear, realistic advice on strategy and prospects.

He has extensive experience in appellate advocacy, including in the Supreme Court and the Privy Council, and is often instructed to advise on or conduct appeals arising from commercial proceedings. His appellate background informs a measured and forward-looking approach to commercial litigation from an early stage.

With decades of experience and consistent recognition in the leading legal directories, Richard brings intellectual rigour, tactical insight and calm authority to commercial disputes. He works collaboratively with both London and regional firms and is particularly effective in cases requiring senior oversight, strategic intervention or advocacy at the highest level.

Richard Clayton KC is regularly instructed in complex commercial litigation, including contractual disputes, public procurement challenges, and high-value cases with regulatory or constitutional dimensions. He is particularly valued for strategic advice, appellate advocacy and cases where commercial disputes raise public law issues.

Notable Commercial cases


X v X (2021)

Whether balancing right to privacy against freedom of expression requires identifying parties in private law family proceedings)


R(D) v Tandridge DC (2021)

Representing council in application that claimant breached the Urgent Application procedure and is guilty of material non-disclosure.


Swale BC v Total Sprint (2021)

Defending rate claim for over £500,000


Re A (2021)

Advising combined authority on various constitutional issues


R(Hauret) v HMRC (2021)

EU challenge that loan charge legislation is a disproportionate interference with freedom of movement of capital.


R(Hannah) v Chartered Institute of Taxation (2021)

Whether the Institute is a “public body” and fairness lenge to Institute’s referral of his case to Taxation Disciplinary Board


R (Zeeman and Murphy) v HMRC (2020)

CA- HRA challenge to loan charge legislation as disproportionate interference with right to property


Southwark LBC v Ludgate House (2020)

CA decided that “guardianship schemes” are liable for business rates


Hollandwest v HMRC (2019)

Injunctions granted to preserve right of access to Court to clarify Supreme Court decision, OWD ltd v HMRC (2019)


Jones v Teaching Regulation Authority (2019)

Whether Secretary of State had power to supplement his statutory procedures by using common law power


R (British Homeopathy Association v National Health Service England (2018)

Consultation challenge to terminating homeopathy treatment)


R (English Bridge Union) v Sports England (2015)

Whether Sports England acted unlawfully in refusing to recognise bridge as a sport

Richard undertakes public and constitutional law, both in the Privy Council and internationally.  He sits as a Deputy High Court judge and as an international arbitrator. He undertakes work in the Caribbean (Anguilla, Bahamas, Belize, Cayman, St Vincent, Trinidad, Turks & Caicos), Canada, US, Channel Islands, Gibraltar, Hong Kong and Isle of Man.

Richard is instructed in many high profile cases in Trinidad. He is currently instructed to defend a senator defamation proceeding brought by the Prime Minister and in allegedly unlawful cartel arrangement concerning several construction contracts on behalf of a former Minister.

Richard was the United Kingdom representative to Venice Commission (Council of Europe’s advisory body on constitutional law) from 2011 to 2019.  The Commission comprises independent experts in the field of constitutional law. Richard was a member of its Executive and Chairman of its Sub-Commission on Working Methods. He worked as a Rapporteur in Opinions concerning conscription and freedom of thought (Armenia), freedom of assembly (Russia), freedom of expression and defamation (Azerbaijan) (Italy) and judicial independence and mediation (Tajikistan), freedom of association and NGOs (Azerbaijan), (Hungary) and Romania and the rule of law crisis in Poland Malta and Slovakia.

Notable Offshore and International cases


Responsible Development to Abaco v Rt Hon Perry Christie (2021)

Privy Council grant permission to appeal to constitutional challenge to Bahamas security for costs orders in environmental cases


Boland v Chairman of Board of Inland Revenue (2022)

Privy Council- challenge to promotion system for Field Auditors


Seepeersad v AG of Trinidad (2021)

Privy Council decide important case on right to protection of law, holding that it is breached by detaining  juveniles in adult prison


Hapgood v AG of Anguilla (2021)

AG successfully persuades Privy Council to refuse permission to appeal to  alleged contempt is a “criminal cause”


AG of Anguilla v Lake (2021) (Privy Council)

compulsory purchase compensation acting for AG

Richard Clayton KC has extensive experience in judicial review and public law challenges, acting in cases involving central and local government, regulators and public authorities. He is frequently instructed where the issues are constitutionally sensitive, commercially significant, or likely to reach appellate courts.

Richard Clayton KC has an extensive and long-established judicial review and public law practice, acting in challenges to decisions of central and local government, regulators and public authorities.

He is regularly instructed in judicial reviews involving significant commercial, constitutional or policy implications, including public procurement challenges, regulatory decision-making, discrimination, human rights and data protection issues. His practice includes cases brought by and against public bodies, as well as challenges with substantial financial or operational consequences for private entities.

Richard is particularly valued for his strategic approach to judicial review, including the careful formulation of grounds, realistic advice on prospects, and early identification of issues likely to attract appellate scrutiny. He is frequently instructed in complex or sensitive cases, including those involving constitutional principles or questions of public importance.

He has appeared on numerous occasions in the Supreme Court and the Privy Council, and is well known for his ability to handle judicial review proceedings that proceed to appeal. His experience at the highest appellate levels gives him a strong sense of how public law arguments are likely to be received by the courts.

With over 40 years’ experience at the Bar, Richard combines deep public law expertise with a practical, solicitor-focused approach. He is accessible, collaborative and trusted to provide clear, authoritative advice in judicial review proceedings where the stakes are high and the issues finely balanced.

Richard is particularly well-suited to cases at the intersection of commercial litigation and public law, including procurement challenges, regulatory disputes and judicial reviews with significant financial or policy implications.

  • Public procurement disputes

  • JR with major commercial consequences

  • Regulatory decisions affecting businesses

  • Local authority / NHS / public body litigation

  • Appeals from commercial or public law decisions

News & Insights

"One of the finest minds at the Bar… an intellectual giant who is an asset to the Bar”

Chambers & Partners UK Bar 2019

"Richard is very thorough and well versed with judicial review applications" "He is bright, creative and wonderful to work with"

Chambers & Partners UK Bar 2022 (Civil Liberties & Human Rights)

"An internationally respected advocate, Richard is easily one of the most brilliant minds in this area. He has a charming style of advocacy and is extremely witty and is an effective and skilled advocate"

The Legal 500 2021 (Administrative and Public Law)

"Very sharp when it comes to tactics. He is very good at guiding you on what the Judge is likely to be thinking"

Chambers & Partners 2018

"Has a very wide knowledge of the law"

Chambers & Partners 2018

Significant Cases Include


X v Y (2021)

Whether balancing right to privacy against freedom of expression requires identifying parties in private family law proceedings.


Swale BC v Total Sprint (2021)

Defending rate claim for over £500,000


R(D) v Tandridge DC (2021)

Representing council in application that claimant breached the Urgent Application procedure and is guilty of material non-disclosure


R(Zeeman and Murphy) v HMRC (2020)

CA- HRA challenge to loan charge legislation as disproportionate interference with right to property

Appointments

  • Deputy High Court Judge (2012)
  • United Kingdom’s representative to Venice Commission (Council of Europe’s advisory body on constitutional law) (2011- 2019); Member of Executive and Chairman of Working Methods Sub-Commission;
  • Recorder (Crown Court) (2006)
  • Bencher, Middle Temple (2009);
  • Visiting Professor, University College, London (2015 to date)
  • Chairman, Constitutional and Administrative Bar Association (2008-2010);
  • Associate Fellow, Centre for Public Law, University of Cambridge since 2001;
  • Chairman, Bar Council Committee on Civil Legal Aid 2005-2012;
  • Vice Chairman Bar Council Remuneration Committee 2006-2008;
  • Bar Council Remuneration Committee 2005 to 2010;
  • Bar Council Public Affairs Committee 2006-2007;
  • Bar Council International Affairs Committee 2008-2010;
  • Bar Council 2004-2007.

Regulatory Information

Regulatory information

Richard Clayton QC is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 33858); whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardsboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref BM 2930/078) (details of the worldwide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 397004445);

Chambers and its members are regulated by the Bars Standards Board
Bar Standards Board – The Barristers’ Register

Publications

Joint author with Hugh Tomlinson KC: 

  • The Law of Human Rights (Oxford University Press, 3rd edn, forthcoming)- the standard practitioner textbook cited in House of Lords, Privy Council and Supreme Court over 45 times;
  • Civil Actions against the Police (4th edn, Sweet & Maxwell forthcoming);
  • The Law of the European Convention on Human Rights: A Practitioner Text (with Sir Nicholas Brazta, former President of the European Court of Human Rights (OUP, forthcoming);
  • Judicial Review Procedure (2nd edn, Hart Publishing 1997);
  • Police Actions (2nd edn, Hart Publishing 1997).

Author:

  • Are rights wrong (Oxford University Press, forthcoming);
  • Practice and Procedure at Industrial Tribunals (Legal Action, 1988).

News & Insights

Contact Us

Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.

Contact Us

St Pauls Chambers
Park Row House
19-20 Park Row
Leeds
LS1 5JF

For out of hours assistance please call the senior clerk on 07854170429.

The switchboard will open from 08:30 until 17:30

Phone: +44 (0)1132 455 866
Email: [email protected]
CJSM: [email protected]

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