Richard has a broad practice covering high profile commercial disputes, investigations and contentious data, regulatory, pension and tax matters, often involving multiple jurisdictions.
Commercial litigation (including banking)
Richard acts for major corporates and financial institutions as well as governmental bodies and international organisations. He has experience advising clients at all stages of a dispute - from how to avoid potential challenges when structuring and implementing a transaction through to eventual proceedings.
- Banco Santander Totta in successful litigation in the High Court and Court of Appeal relating to the validity of interest rate swaps entered into on ISDA terms between the bank and Portuguese public sector companies.
- Bupa group companies in connection with various contractual claims brought following a major business and share transfer, including responding to urgent injunction applications and establishing significant counterclaims and cost undertakings.
- The Department of Transport and Government Legal Department in relation to judicial review and procurement claims brought by Eurotunnel and subsequent claims brought by P&O Ferries and their settlement.
- Diageo in relation to successful resolution of claims from the liquidators of the Force India F1 team.
- UK Asset Resolution Limited, Northern Rock Limited and other group companies on a number of actual and threatened public and private law claims.
Richard leads our Contentious Pensions team, acting for trustees and employers on the full range of pensions investigations and disputes. Recent work includes:
- Trustees of the BT, Marks and Spencer and Ford pension schemes in relation to their application for a judicial review of the UK Statistics Authority’s decision to align RPI with CPIH from 2030.
- BT Pension Scheme Trustees on the high profile Part 8 Proceedings in the High Court and Court of Appeal relating to the proper interpretation of trust documentation governing the uprating of pension payments.
- A number of major UK pension schemes on actual and potential enforcement action by The Pensions Regulator.
- The trustees of a major UK pension scheme with hundreds of thousands of individual scheme members on data protection and privacy issues arising and in the context of potential regulatory investigation and enforcement proceedings.
Richard is also Co-head of the Tax Disputes practice. He has an invaluable blend of skills having spent a number of years in the Tax department before moving to the Disputes and Investigations group. He regularly advises on work that involves complex technical issues, tactical advice on strategy and broader representational risks and obligations where he has achieved robust and defensible commercial outcomes for clients. Recent examples include:
- Credit Suisse group companies on proceedings relating to the proper application of the bank payroll tax rules before the First Tier Tax Tribunal and parallel proceedings before the High Court on the compatibility of bank payroll tax and the EU state aid rules.
- A number of multinational groups on contentious tax matters, including in connection with intra-group financing and interest deductibility, transfer pricing, DPT and CFC issues, as well as EC state aid investigations.
- Coca-Cola European Partners on its Court of Appeal hearing on the tax treatment of vehicles provided to employees for work and private use.
- A major international joint venture on a multi-year transfer pricing dispute.
Contentious data privacy
As a partner in our Data Protection and Privacy and Cyber hubs, Richard advises on all aspects of cyber, data protection and privacy, including in relation to data/cyber breach prevention and response, DPA enforcement or privacy-related litigation.
- A major international insurance group in relation to a breach affecting customers throughout the world. This involved coordinating legal advice across approximately 60 jurisdictions, liaising with relevant regulators and bringing urgent court proceedings against individuals (known and unknown) responsible for the breach. Subsequent advice involved liaising with police and other law enforcement agencies, handling claims from potentially affected data subjects and managing broader reputational issues.
- A number of major UK and international groups on malicious cyber attacks, including immediate and ongoing engagement with employees, customers and regulators, as well as defending subsequent proceedings.
- An innovative tech and data analytics organisation on investigations by the ICO and related internal risk mitigation strategies.
Richard is the contributing editor and UK chapter author of Getting the Deal Through: Tax Controversy 2021 and is recognised as a leading practitioner in the ITR’s Tax Controversy Leaders Guide. He is a regular contributor to the Tax Journal on all issues concerning contentious tax.
He was listed in the “40 under 40” by Global Data Review in 2018.
Richard is recognised by Legal 500 UK 2021 as a Next Generation Partner in Pensions: dispute resolution and Tax litigation and investigations.
'Richard Jeens is just the sort of cool hand clients need for the most complex of litigation.' Legal 500 2020, Commercial Litigation