Richard Mawrey is a leading computer specialist silk. He was counsel in St Albans’ DC v ICL [1996] 4 All ER 481 CA, the leading case on defective computer software. For the last decade, he has advised and litigated in a large number of disputes relating to hardware and software systems on behalf of Government Departments, National Agencies, local authorities, the emergency services, financial institutions, companies in the private sector and hardware and software suppliers. He also advises on the drafting of computer contracts and on the application of public procurement rules.

Engaged with computer law and litigation since the mid-1980s, he is author of Computers and the Law BSP Professional Books (1988) and specialist editor of other practitioners’ textbooks. He has acted as arbitrator in computer disputes most recently acting for a leading company organising marketing events, in an arbitration with a software supplier over its failure to install a new management system and portal, some others are listed below.

Representative Cases

• St Albans City and District Council v. International Computers Limited [1996] 4 All ER 481 (CA): Computer contract - whether software supply subject to implied terms of reasonable fitness and satisfactory quality - application of Unfair Contract Terms Act 1977 and validity of exemption clauses - measure of damages for breach of contract
• Jonathan Wren & Co Ltd v Microdec plc (1999) 65 Con LR 157
• Horace Holman Group Ltd v Sherwood International Group:
  judgment on preliminary issue Judge Havery QC 12.4.00: judgment on quantum Judge Bowsher QC 5.10.01.
• SAM Business Systems Ltd v Hedley & Co [2002] EWHC 2733
• Co-operative Group (CWS) Limited v International Computers Limited [2003] EWHC 1 (TCC) [2003] EWCA Civ 1955 (CA)

Richard Mawrey has been involved in a very wide range of consumer credit work since well before the Consumer Credit Act 1974 was passed.  

All the major directories currently list Mawrey in the list of leading silks for Consumer Law. He acts for major banks, building societies, finance companies and other lending institutions on all forms of credit, on regulatory matters and on the drafting of agreements and other documents.  Mawrey is considered as of ‘guru status’ (Legal 500) in matters of consumer credit law.

He was a founder specialist editor of Goode Consumer Credit Law & Practice and of Butterworths County Court Precedents and Pleadings in 1981 (now Butterworths Civil Court Precedents), and is currently editor of Section F of BCCP (Business Law) which includes consumer credit, hire-purchase and leasing, sale of goods, bills of exchange etc.  He is the specialist editor of Bullen Leake and Jacob Precedents of Pleadings 13th, 14th and 15th Editions: including the sections on consumer credit, hire-purchase and leasing, sale of goods etc.  

Representative Cases

• Southern Pacific Securities v Walker [2010] UKSC 32
  First case purely on the construction of the Consumer Credit Act 1974 to reach the House of Lords or Supreme Court – meaning of ‘credit’ and ‘charge for credit’ – construction of the Consumer Credit (Total Charge for Credit) Regulations
• Feldaroll Foundry plc v. Hermes Leasing (London) Limited [2004] EWCA Civ 747:
  Whether a company can deal as “consumer” for the purposes of the Unfair Contract Terms Act 1977
• Royal Bank of Scotland v. Etridge (No 2) [2002] 2 AC 773:
  Loan and mortgage - presumption and constructive notice of undue influence - husband and wife - bank charge over matrimonial home - wife receiving legal advice before entering into transaction -principles to be applied in determining whether provision of legal advice rebuts presumption of undue influence and whether bank put on inquiry to ascertain whether wife acted under husband’s undue influence.
• Wadham Stringer Finance Ltd v. Meaney [1981] 1 WLR 39 (QB)
  Hire purchase - conditional sale agreement – acceleration clause - enforceability

He has acted for many local authorities including most of the London Boroughs in matters concerning local government finance, competitive tendering and public procurement, planning, traffic control, local authority contracting, and employment.  He has advised almost all of the Passenger Transport Executives on issues such as financing of development, land acquisition, competitive tendering and procurement, privatisation, redundancy schemes, bus and airport services.  He has particular experience in railway construction, procurement and regulation and represented the Rail Regulator at the Ladbroke Grove Rail Enquiry. His local government experience extends to acting as an Election Commissioner, in which capacity he set aside the election results in several Birmingham City Council wards after finding evidence of postal ballot abuse and fraud in 2005.

He acts as an arbitrator in commercial and IT disputes.

Recent instructions include:

• Advising a very large number of local authorities on the public procurement aspects of “large scale voluntary transfers” of housing stock by local authorities to dedicated not-for-profit companies.
• Advising a number of local authorities about new and replacement IT contracts and the extent to which they need to comply with EU procurement rules.
• Advising PTEs on the procurement issues arising in a variety of projects such as extensions to tramway systems, contracts for bus shelters, advertising hoardings etc.
• Advising a consortium of local authorities on the procurement aspects of participating in a scheme to replace a ferry service.
  

Representative Cases

• Delaware Mansions Ltd v. Westminster City Council [2002] 1 AC 321 (HL): Local authority environmental issues - nuisance by encroachment of tree roots - title to sue for continuing nuisance
• R v DETR, ex p. South Yorkshire PTE (1998) DC
  Sheffield Supertram - challenging Government's refusal to honour promises to make up construction costs shortfall
• R v. London Boroughs Transport Committee ex parte Freight Transport Association Ltd and Others Times Law Reports 4th October 1990 (CA): Local authority - goods vehicle licensing conditions - judicial review 
• Sevenoaks District Council v. Pattullo & Vinson Ltd  [1984] Ch 211 (CA): Local authority – right of market – whether markets can be split territorially or by category of goods
• Enfield London Borough Council v. Mahoney  [1983] 1 WLR 749 (CA): Contempt of court - committal order - civil contempt (the Glastonbury Cross case)

All kinds of contract work, company law, insurance law and shipping (both litigation and arbitration); and the drafting of commercial agreements.

Representative Cases

• Balmoral Group Ltd v. Borealis (UK) Ltd [2006] EWHC (Comm) 1900
  Application of the Unfair Contract Terms Act in international sale
• Feldaroll Foundry plc v. Hermes Leasing (London) Limited [2004] EWCA Civ 747:
  Whether a company can deal as “consumer” for the purposes of the Unfair Contract Terms Act 1977
• Royal Bank of Scotland v. Etridge (No 2) [2002] 2 AC 773:
  Mortgage enforcement - presumption and constructive notice of undue influence - husband and wife - bank charge over matrimonial home - wife receiving legal advice before entering into transaction -principles to be applied in determining whether provision of legal advice rebuts presumption of undue influence and whether bank put on inquiry to ascertain whether wife acted under husband’s undue influence.
• Cripps v. Heritage Distribution Corporation and Others (1999) 143 Sol Jo LB 263 (CA):
  Security for costs - foreign claimant
• Layher Ltd v. Lowe and Others Times Law Reports 8th January 1997 (CA): Insurance - underwriters repudiating liability - whether notice of claim given timeously by insured
• Elliott v. Wheeldon [1993] BCLC 53 (CA):
  Company - joint venture - duty of good faith
• Armagas Ltd v. Mundogas SA (The Ocean Frost) [1986] AC 717:
  Agency - ostensible authority - bribery - foreign law of tort
• The Helene Roth  [1980] QB 273 (Sheen J):
  Admiralty - practice - writs in rem