Richard Hanstock

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Richard is an experienced public lawyer with deep expertise in technology, privacy and cyber security. Known for his operational mindset and pragmatic problem-solving approach, Richard delivers clear and well-informed advice tailored to the specific context in which it is received.

Expertise

Cyber Security
- Overview
Richard is a leading expert on surveillance and investigatory powers, including data sharing, interception, equipment interference, computer misuse, property interference, communications data, and bulk personal datasets. With several years of experience as a senior operational lawyer in the national security arena, he is exceptionally well-positioned to advise on the legal and practical aspects of cooperation between states and private companies in data acquisition, data sharing, and intelligence production.

Richard specialises in advising companies and individuals on their interactions with intelligence agencies. His background makes him particularly well-placed to advise on investment security measures under the National Security and Investment Act 2021.

Richard has travelled to the US, Europe and the Middle East to address domestic and international legal issues connected with data sharing and intelligence co-operation across the public and private sectors. He has engaged with senior judges and ministers on the lawfulness of bulk surveillance activities, appearing alongside Sir Jeremy Fleming and Lord David Anderson KC on an expert panel concerning the impact of technology on surveillance regulation.

Richard has won awards for his contributions to the success of joint operations. Alongside his legal practice he has fulfilled a senior operational leadership role, affording him a unique perspective on the global environment in which his clients operate. His experience encompasses advertising technologies, artificial intelligence, counter-disinformation, cryptocurrency and blockchain, child safety and online harms, cloud service providers, and post-quantum cryptography.

As a reservist in the Royal Air Force legal branch, Richard delivers specialist operational advice to military commanders on domestic and international law as it applies in the cyber, air and space domains. He has trained lawyers in UK Space Command and contributed to emerging policies regarding surveillance in, through and from space.

His diverse client based includes telecommunications operators, vulnerability researchers, penetration testers, cyber incident responders, private investigators, academic researchers, government departments, law enforcement agencies and technology investors.
Information Law
- Overview
- News
Building on his expertise in surveillance and cyber security, Richard specialises in data protection, data sharing and privacy under the GDPR and Data Protection Act 2018. He frequently advises on data adequacy and transfers between the UK, US, and EU, including the Data Access Agreement and CLOUD Act. Richard has substantial experience with privacy-enhancing technologies, helping clients maximise insights from large datasets while maintaining privacy and security by design.

In the Freedom of Information Act arena, Richard excels in navigating the tension between transparency obligations and exemptions protecting confidentiality, personal data and commercial interests, as well as broader public interests such as national security, defence interests and international relations. He represents both public authorities and requestors, adeptly handling vexatious requests, closed material proceedings, and the use of aggregation and obfuscation techniques to manage sensitive information.

Richard has a particular focus on the processing of personal data by intelligence services, contributing to the 6th edition of Information Rights by Philip Coppel KC.
- Information Rights: A Practitioner’s Guide to Data Protection, Freedom of Information and other Information Rights 6th ed21 Sep 2023
Public Law and Judicial Review
Richard is passionate about public law, often representing public authorities and claimants in cases that balance policy outcomes against fundamental rights. He has extensive experience with closed material proceedings in various courts, including the High Court, the Investigatory Powers Tribunal, the Special Immigration Appeals Commission and the First-tier Tribunal.

Richard has worked on significant financial sanctions cases involving diverse geopolitical issues, including Russia/Ukraine, Israel/Gaza, Iran, Cyber (LockBit) and North Korea. He acted for the Foreign Secretary in Fractal Marine, a Dubai-based shipping firm forced into liquidation by financial sanctions in view of its role in transporting Russian oil.

While working in-house he played a pivotal role in a range of landmark cases, such as:
- Big Brother Watch v UK – Grand Chamber of the European Court of Human Rights on the lawfulness of bulk interception powers;
- TechEn (Liberty v Security Service [2023] UKIPTrib 1) – handling of warranted data by MI5, followed by the dismissal of an application to re-open an earlier claim (BPD/BCD) in view of admitted breaches of the duty of candour;
- Grainger (R (Schofield) v Secretary of State [2021] EWHC 902 (Admin)) – admissibility of intercept as evidence;
- Operation Venetic (R v A & ors [2021] EWCA Crim 128) – admissibility of material obtained from EncroChat, a criminally-dedicated secure telephony service;
- Malware (Privacy International v Secretary of State [2019] UKSC 22) – permissible scope of warrants under the Intelligence Services Act 1994.
Richard has contributed to high-profile public inquiries, including the Dawn Sturgess Inquiry, the Omagh Bombing Inquiry, the Grenfell Tower Inquiry, and the Afghanistan Inquiry. Currently, he is part of the counsel team for the Cabinet Office on the Covid-19 Inquiry’s procurement module.
- Sanctioned shipping firm loses urgent application for interim relief27 Mar 2024
- High Court applies Denton principles in Council Tax Reduction appeal12 May 2016
Licensing and Regulatory
Richard is highly regarded in Chambers & Partners and Legal 500 for his licensing expertise, spanning premises licensing, festivals, taxis, gambling, lotteries, remote betting, sexual entertainment venues, street trading, and house-to-house collection licenses. His experience as a volunteer police officer enables him to offer practical advice to licensees, local authorities, police forces, and residents on challenges to public decisions.

He has acted in cases ranging from small businesses (pubs, restaurants, shops, taxi drivers, bakeries) to national companies (cocktail chains, festivals) and global brands (Uber ride-hailing, Fabric nightclub, Notting Hill Carnival). Richard appears before all court levels and committees and provides training to councillors, legal advisers, magistrates, and judges on decision-making and appeals.

In broader regulatory matters, Richard has expertise in professional regulation, including trading standards and misconduct by police officers, councillors and teachers. He represents clients in criminal proceedings brought by regulatory bodies, achieving success in confiscation orders under the Proceeds of Crime Act.
- Fabric01 Jan 2018
Planning and Environment
- Overview
- News
Richard represents both authorities and defendants in planning enforcement prosecutions and inquiries, with particular expertise in confiscation proceedings under the Proceeds of Crime Act 2000. He has advised on enforcement notices, stop notices, and injunctions under the Town and Country Planning Act 1990 and reviewed chapters of Cornerstone on the Planning Court.

Richard’s planning experience includes:
- Prosecuting a multi-defendant planning enforcement case, achieving convictions and handling confiscation proceedings;
- Advising on a six-figure confiscation order following breaches of planning control;
- Advising on the validity of enforcement notices, stop notices and injunctions under sections 172, 183 and 187B of the Town and Country Planning Act 1990;
- Experience of the use of Grampian conditions to mitigate development affecting the integrity of a protected site in compliance with the Habitats Regulations;
- Assisting Robin Green on a planning inquiry concerning joined appeals by gypsy travellers against refusal of permission for pitches in Green Belt sites, raising matters of policy and planning merits.
- Assisting in an enforcement inquiry relating to the applicability of permitted development rights under the GPDO.
Housing
Richard’s housing law experience includes working for landlords and tenants on a range of issues, such as anti-social behaviour, social housing fraud, closure orders, injunctions, improvement notices and succession claims. His police background in fraud investigation enhances his strengths in anti-social behaviour and fraud. He has contributed to Cornerstone on Anti-social Behaviour by Kuljit Bhogal KC and related practice notes for Practical Law.

Richard’s housing experience includes:
- Defeating a fraudulent succession claim at the trial of a possession claim for a social landlord;
- Handling claims involving issues of litigation capacity and public authority duties towards vulnerable tenants;
- Advising on and representing in dishonest subletting cases, achieving the first Unlawful Profit Order for a housing association;
- Managing possession proceedings against non-secure tenants under homelessness duties;
- Securing the first anti-social behaviour injunction under the 2014 Act and successfully representing clients in various injunction cases;
- Representing tenants in cases involving Equality Act, Care Act, and Disability Discrimination Act defences.

We all love Richard. Nothing fazes him and our cases, some of which involve very difficult personalities, are dealt with using wit, charm and humour.
Legal 500 (2022)