Richard Croxson (2002)

Richard Croxson (2002)

Membership Status: Barrister - Full Member Qualified in 2002
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

Richard is a dual qualified construction barrister and chartered quantity surveyor, with particular project experience in:

  • Building and Construction
  • Infrastructure
  • Oil & Gas and Mining
  • Power Generation and Distribution
  • Heavy Civils
  • Pharmaceutical and other process plants
  • Shipbuilding

He has a thriving chartered quantity surveying practice which specialises in dispute resolution and avoidance. As a barrister, he advises on dispute strategy, tactics and the merits of contentious construction claims. Richard is certified to provide legal advice to clients as an employed barrister under a contract for services. He is not currently certified to provide advice directly to the public.

Dispute Resolution

Richard has spent the last 15 years preparing and defending claims for extensions of time, disruption and additional works on a range of construction and engineering projects throughout the world including a AUD$16bn LNG Plant in Western Australia, an US$3.5bn inner city metro project with the deepest immersed tube tunnel in Europe and a US$8.5bn coal fired power station in Africa.


As a chartered quantity surveyor, he has provided independent expert opinion on the value of construction claims including a £10m biomass project in the UK and NZ$100m HV AC/DC Power Convertor Station in New Zealand.

Richard frequently sits as an Adjudicator, Arbitrator and Expert Determiner to decide contentious construction issues.

Dispute Avoidance

Differences of opinion are common in construction projects – especially in relation to money and time. The nature of the industry requires contractors to maximise their opportunities under contracts while clients try to minimise them. This incompatibility can lead to conflict. However, acknowledging this at the outset of a project or programme can ensure that the effect of potential conflicts is kept to a minimum. Effective Dispute Avoidance starts with an understanding of Dispute Resolution. It is essential to foresee where an issue or difference could culminate. This then is what needs to be avoided.

Richard uses his knowledge and experience in dispute resolution to maximise the benefits to the parties in any contract. Identifying optimal outcomes and navigating a path to success is, for Richard, an essential part of the contracting process.

Personal

Richard now lives on the Buckinghamshire and Oxfordshire border with his wife, Kathryn, and two young boys. Previously, he lived in Sydney, New South Wales and Perth, Western Australia and before that in Edinburgh. While in Edinburgh, he was an associate member of the Society of Writers to Her Majesty’s Signet. His interests include travel, reading, rugby and sailing.

Richard is a current PhD candidate, researching how the ‘agency problem’ contributes to cost and time overruns, is a past Adjunct Professor of Engineering and Construction Law at Curtin University, a past lecturer in Contract Law on the BSc and MSc courses in Construction Management at Heriot-Watt University and a current contributor and member of the Accreditation Team of the International Guild of Project Planning, Controls and Delivery. He is also a member of the editorial board of the Royal Institution of Chartered Surveyors’ ISURV Infrastructure Channel where he advises on the content of contract management, procurement and other modules.

Richard also sits on the Employed Barristers Committee and the Remuneration Committee of the Bar Council of England and Wales.

Testimonials

Testimonials

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Fees and Feedback

Fees and Feedback

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

Please see “profile” tab for description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

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Privacy Notice

Privacy Notice

Personal Information

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, Richard Croxson, have been instructed by you.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

(i)Advise on the prospects of litigation;

(ii)Advise on the value of your claim;

(iii)Representation at a non-judicial hearing;

(iv)Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for dispute purposes.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)Courts and other tribunals to whom documents are presented;

(ii)Your solicitors, or agent representing you;

(iii)Potential witnesses, experts and other persons involved in the case;

(iv)Solicitors, barristers, or other legal representatives;

(v)Ombudsman and regulatory authorities; and

(vi)Education and examining bodies.

 

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)The legal and professional obligation to retain information relating to my cases;

(ii)To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

 Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)The personal data has been unlawfully processed; or

(v)The personal data has to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

 Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

 

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: stock@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

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