Richard Butler
Solicitor (non-practising), Honorary Professor, Nottingham Law School
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Richard Butler was until 2000 a partner in the firm of Norton Rose and head of corporate and banking litigation. Since then he has combined the position of visiting professor of dispute resolution at Nottingham Law School and freelance law lecturer and trainer. Until 2018 he was in practice as an arbitrator and commercial mediator. He has rights of audience in the High Court (Civil)
Awarded an LLM with Merit in 1988 from King's College, University of London, he went to the College of Law, Chancery Lane, London 1983 to take the Solicitors' Final Examinations, was articled to the senior partner of Stanley Tee & Co in Bishop's Stortford in Hertfordshire before moving to the City of London.
Richard was accredited as a mediator by CEDR and became a member of the CEDR Solve Direct Group of Leading Mediators, a Fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator.
Formerly a member of the Law Society ADR Committee, Richard was appointed Expert on ADR to European Parliament (2006) for the purposes of the ADR Directive.
While in full-time practice as a solicitor, Richard gave advice and had the conduct or supervision of disputes relating to real property, including landlord and tenant disputes (contested rent reviews, dilapidations, forfeiture and possession actions, etc.); insolvency problems relating to real property (disclaimer of leases, proof and subrogation claims, etc.); secured lending problems relating to real property (mortgage repossessions, foreclosures, fraud and professional negligence relating to mortgage transactions, etc.); and litigation resulting from land transactions (disputes under development agreements, specific performance, rescission, boundary disputes, etc.)
Involved in numerous reported cases conducted in the High Court, Court of Appeal and House of Lords, including Wimpey Homes Ltd v. Scottish Special Housing Association [1986] 1 WLR 995 HL, (insurance provisions in the JCT contracts); Ashville Investments Ltd v. Elmer Contractors Ltd [1988] 2 All ER 577; [1988] 2 Lloyd's Rep 73n CA, (jurisdiction of arbitrators to deal with fraud and misrepresentation claims), and cases relating to rent reviews, e.g., Toyota GB Limited v. Legal & General Assurance (Pensions Management) Limited [1989] 2 EGLR 123 CA (length of lease to be valued where tenant has reversionary lease), Medway Ports Authority v. Sheerness Steel Company [1992] 1 EGLR 133 CA (ground rent review. Whether land in condition as at date of lease or on review date) and Ivory Gate Limited v. Capital City Leisure Limited [1993] EGCS 76 Ch (disregard of improvements authorised by license) and other reported land related cases such as Farrant v. Unisys Europa-Africa Limited [1993] 2 EGLR 47 QB (triggering event for liability to pay estate agent's fees).
Involved in giving advice and conducting litigation in relation to various important landlord and tenant problems on behalf of the Administrators of Maxwell Communications and the Administrative Receivers of Windsor Safari Park Ltd. Acted for the London Residuary Body in the High Court and Court of Appeal litigation against Lambeth Borough Council relating to County Hall.
Acted for British and foreign banks in litigation relating to land, such as mortgage repossessions, foreclosure actions, appointments of receivers by the court, proceedings related to financing leases, etc. Acting for banks in enforcing rights under financing leases and in foreclosure proceedings and in obtaining appointments of receivers by the court. Also acts for banks in connection with professional negligence issues arising from mortgage transactions.
Acting for banks involved in syndicated loans to local authorities where the authorities' vires to enter into the original loan transactions are in doubt. Acting for English Heritage and for promoters of power station projects in connection with the vires of public bodies and in judicial review proceedings.
Acting for owners of foreign immovables in international arbitrations against tenants.
Since 2010 Richard Butler has been the Allocation Chair of the Access Disputes Committee, which resolves disputes within the railway industry concerning access to track and stations within Great Britain.