Richard McLean

  • Year of Call 2011

Introduction

Introduction

Richard has a multi-disciplinary practice and accepts instructions from solicitors as well as members of the public on a direct access basis. His busy junior practice combines employment, regulatory and commercial law. A pragmatic and commercially minded barrister, Richard acts for a range of clients from individuals to government departments. 

Richard’s practice takes him throughout England & Wales in a variety of forums from Tribunals to the High Court. He has extensive advocacy experience for his level of call.

Prior to working at the self-employed bar Richard worked for the Government Legal Department, HM Treasury and in financial services, in addition to working for a law firm in Texas representing death row prisoners. He has devoted part of his time to pro bono work through the Free Representation Unit and the Employment Law Association pro bono scheme, and was previously chair of a charity providing support to asylum seekers in South London.

Employment

Employment

Richard is experienced in the full range of employment claims. He acts for a wide range of both claimants and respondents, from large corporations to charities, to public sector bodies. He has experience in the following areas:

  • Unfair dismissal
  • Discrimination, including sex, race, disability and pregnancy
  • Stress, bullying and harassment
  • Protected disclosure / whistleblowing
  • Restrictive covenant disputes
  • Redundancy
  • Equal pay

Richard is also accustomed to providing employers with non-contentious advice and assisting with contracts and policies, in addition to advising on internal disciplinary matters. His work has covered a variety of sectors, with particular experience of the financial services industry informed by his previous work in this field.

Richard’s employment work also overlaps into personal injury, with experience in accidents at work, harassment, stress and noise induced hearing loss.

Professional Discipline

Professional Discipline

Richard is an experienced regulatory tribunal advocate with extensive knowledge of procedure and case law in health care professional discipline. From 2015-16 Richard spent one year on secondment with the Nursing and Midwifery Council appearing in interim order, substantive order review and substantive hearings. Richard continues to be instructed by the NMC in substantive and interim hearings across the UK. Richard has experience in the full range of healthcare disciplinary cases, either representing the regulator or defending.

Richard has extensive experience in cases concerning:

  • Misconduct
  • Criminal convictions
  • Lack of conduct
  • Health

Commercial

Commercial

Richard has commercial experience across banking, insurance, consumer credit and company law. He is also well versed in individual and corporate insolvency.

 

In addition to work at the Bar Richard has prior commercial experience. Richard previous worked in the compliance team overseeing global operations of a major insurer/re-insurer, and worked at HM Treasury where he worked on the Insurance Act 2015. He also previously worked at the Financial Ombudsman where he gained experience across a whole range of banking cases including mis-sold mortgages and negligent investment advice. He is familiar with the provisions of the FCA Handbook and has significant experience advising on COBS, MCOBS, ICOBS and CONC.

Immigration & Nationality

Immigration & Nationality

Richard has extensive experience in immigration law for his level of call, with experience of cases including:

  • The points based system
  • Skilled migrants
  • Student visas
  • Revocation of sponsor’s licences
  • Family life claims
  • Asylum claims
  • Fresh claims/certification
  • Unlawful detention
  • EU Free movement
  • Nationality issues

Since commencing practice Richard has drafted hundreds of judicial review grounds, in addition to appearing in the Immigration Tribunal, Immigration Appeal Tribunal and the High Court.

Richard has appeared in judicial review hearings, bail hearings, in addition to representing the Home Secretary as an intervener in the High Court on an international adoption case concerning breaches of immigration law.

Richard also has experience of defending employers against civil penalties imposed by the Home Secretary for allegedly employing workers with no right to work in the UK.

Additionally Richard was formerly Chair of the Board of Trustees of a charity supporting asylum seekers in South London. This experience of the issues that asylum seekers face in the UK informs his work.

Qualifications

Qualifications

LLB (Hons) University of Liverpool

LLM Law and Economics University College London

Awards & Prizes

Awards & Prizes

Conkerton Memorial Prize for best overall examination performance, University of Liverpool

Levitt Scholarship, Lincoln’s Inn

Direct Access

Direct Access

Richard is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Richard on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk. 

Memberships

Memberships

Employment Law Association

Employment Law Bar Association

Association of Regulatory and Disciplinary Lawyers

Society of Labour Lawyers