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Richard Pitt

Partner

Richard is an experienced litigator who has conducted cases in the Court of Appeal and Supreme Court, led test cases and high-profile reported cases.

Richard is a Partner and Solicitor Advocate who leads the Commercial Dispute Resolution team in our Cardiff Office and is Co-Head of our Procurement team.  Richard and his team have a wide range of litigation experience across the Public, Transport, Logistics, Automotive, Aerospace, Private Finance and Energy sectors.  Richard has a particular focus on procurement challenge litigation where he acts for a diverse range of clients acting for challengers and defending procuring authorities within the Governments and Infrastructure sector including central and local government, executive agencies, public utilities (water, gas, electricity and renewable energy), transport, infrastructure, education, cloud computing, defense and blue light services.  Richard has led on some of the largest reported procurement disputes, making and clarifying the relevant law.

Richard regularly acts for institutional and corporate clients who are household names and his cases regularly feature on UK and international news reports.

Richard regularly presents to client and industry groups on a diverse range of topics including relevant legislation, changes to the law, case law updates, evaluator training and risk management.

Outside work, having hung up his playing boots,  Richard remains an avid rugby supporter and is an Honorary Vice President of the Welsh Charitable RFC.  Richard also participates in endurance events, having competed in Ironman events globally and regularly participates in long-distance swims, cycle events and runs.  Richard is also Vice-Chairperson and Trustee of the Makers Guild Wales, where he provides pro-bono legal advice and leadership skills to the charity.

Richard has acted on many high profile matters, including:-

  • acting for the Department for Transport defending the Secretary of State for Transport in the 2019 Rail Franchise Litigation. The case related to the disqualification of several bidders within the East Midlands rail franchise, South Eastern rail franchise and the West Coast Partnership with franchise agreements worth circa £32bn in issue. The proceedings were the largest case in the Technology and Construction Court in 2019/20 — a comprised of four sets of claims in the TCC and four Judicial Review claims within the Administrative Court. Richard led the Eversheds Sutherland legal team through all phases of the litigation — from the assurance process for the disqualification decision through to trial where the DfT was successful. In addition to the lengthy and substantive trial judgment, the reported Court of Appeal judgment on the interim issue of limitation clarified the law on the time limits for bringing Francovich damages claims
  • defending Network Rail in a challenge brought to the award of a circa £1bn contract as part of the East Coast Mainline Digital Railway upgrade. The claim involved substantive challenges to the scores awarded and required a large team and project management to achieve a resolution within the directions timetable
  • defending Gloucestershire County Council in a claim brought against the award of an energy from waste contract, which at over £600m was the largest contract ever let by the Council. The litigation was notable for the judgment, which clarified the test for the court to apply when determining whether a claimant is an economic operator to be able to bring a claim within the meaning of the procurement regulations
  • acting for Network Rail defending a challenge brought by the incumbent regarding the award of new framework agreements valued at £500m for the purchase of switches and crossings equipment to maintain the safe and efficient running of the rail network
  • acting for a major electricity utility defending a challenge by an incumbent provider to the award of a contract relating to the provision of high-voltage power cables supplying construction projects within the UK national power supply network. The project was of critical importance to the ongoing development of the UK’s national power network
  • Leading the successful Bank teams in the Sale & Rent Back test case litigation in the Court of Appeal and Supreme court, which established the legal principles and rights for lenders and occupiers in respect of possession claims over mortgaged property which had been used in Sale & Rent Back transactions
  • Acting for NNB in its successful defense to an injunction aimed at preventing sediment dredging from the Severn Estuary Special Area Of Conservation and its subsequent disposal at Penarth Head Disposal Grounds as part of the £25billion Hinkley Point C nuclear power plant development. Richard led the team successfully opposing the injunction to avoid disruption to the project, which is designated as a Nationally Significant Infrastructure Project by the UK government
  • Acting for the Commission for Equality and Human Rights defending a Judicial Review arising from its report into antisemitism in the Labour Party

Top Ranked UK Chambers 2018

  • Solicitor Advocate
  • Member of the Procurement Lawyers Association
  • Board Member of Legal Wales Foundation
  • Sits on our Health, Safety & Environment Committee
  • Higher Courts Rights (Civil & Criminal)
  • Post Graduate Diploma In Advanced Litigation
  • Legal Practice Course, 1995-1996
  • LLB (Hons) Swansea University, 1992-1995
Richard Pitt

Partner

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