Richard WHEELER 560x670

Richard Wheeler

Year of Call: 2004
Email Address: [email protected]
CJSM: [email protected]
Telephone: 01962 868884

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Clerks Details

  • Clerk Name: Edward Holdstock
  • Clerk Telephone: 01962 868 884
  • Clerk Email: [email protected]

Personal Injury

Richard has extensive experience in all areas of personal injury, with particular emphasis upon employer’s liability for accidents and industrial injury and illness litigation (asbestos). Many claims valued in excess of £1m.

Richard is frequently instructed by defendants in civil fraud work. He recently acted for the successful applicant in the High Court in the first reported contempt of court case under the new procedural rules.

He is also regularly instructed by the Government Legal Department in false imprisonment (unlawful detention) cases and claims involving breaches of the Human Rights Act 1998.

Richard is also very experienced in inquest work (including Article 2 and jury inquests). He also accepts instructions in detailed costs assessments.

Recent cases

Claimant Work

  • B v A: £2.2m (High Court, London) catastrophic injuries claim arising out of road traffic accident. Experts: orthopaedic, general surgery, psychology, psychiatry, neurosurgery, neurology, care. Claimant confined to wheelchair and in need of 24 hour care.
  • S v A: £1m (High Court, London) brain injury claim arising out of knocked down by a car in London. Experts: educational psychology, neurology, care. Issue: causation of the injuries, whether non-negligent speed would have led to same injuries.
  • P v P&I (High Court, London): £¾m High Court employers liability claim serious degloving injury of left foot in workplace accident. Multiple experts on both sides.
  • G v NHS (High Court, Birmingham): £½m clinical negligence, fatal accident claim following hypoxic brain injury consequent upon surgery. Multiple dependants.
  • W v NHS: clinical negligence during delivery of child, major PPH, lifetime consequences for mother.
  • B v BN: asbestos fatal accident claim by wife for mesothelioma contracted while washing husband's overalls in the 1960s. Experts: respiratory surgeon, workplace hygienist evidence. Issue: whether exposure was de minimis / in excess of acceptable levels in the 1960s. Settled eve of trial for £150,000.
  • Many other asbestos cases with issues surrounding exposure levels, multiple defendants, causation and quantum.

Defence Work

  • Member of senior counsel defence team in Kenyan Emergency Group Litigation (multi-million pound group action by 40,000 “Mau Mau” and related claimants alleging UK Government responsibility for alleged mistreatment during the Kenyan Emergency in the 1950s). Multiple allegations of torture, beatings, rape, breach of international conventions. The litigation involved wide ranging issues of law including personal injury, negligence, vicarious liability, common design, false imprisonment, breach of human rights, trespass to the person.
  • MOD (Army): many High Court Non-Freezing Cold Injury claims. Claims usually pleaded in excess of £1m for career loss. Richard’s expertise in drafting complex counter schedules involves all aspects of high value loss of earnings and pension personal injury calculations. Many settlements for substantially less than pleaded by Claimants.
  • RTA fraud & credit hire claims, fundamental dishonesty.
  • MOJ (CPS) Data Protection Act 2018 / privacy / breach of Art 8 claims.
  • MOD (Army): workplace stress. Claim brought for loss of lifetime earnings in the army, loss of pension. Settled for fraction of pleaded case.
  • MOJ: claim brought by a Muslim prisoner alleging endemic racism in a particular prison. Issues: breach of Art 3, Art 8, Art 14 HRA 1998; application for specific disclosure, lifting of redactions; issues of data protection, relevance, proportionality.
  • Acted for Ministry of Justice in claim brought by life sentence prisoner seeking damages for alleged unlawful restrictions on his licence. He alleged he was unable to visit his relatives or tend wife's grave due to restrictions. Claim pleaded breach of Art 8 and Art 14 of the Human Rights Act 1998.

Costs

Richard has also appeared in many detailed costs assessments in the county court and in the SCCO. He acted for the Defendant in the costs management appeal Yirenkyi v MOD (QB) [2018] EWHC 3102.

  • Articles

    • How to get the Court to hear your case during the Coronavirus pandemic

      12th May 2020

      3PB specialist Civil barrister Richard Wheeler has produced an article on how to get the Court to hear your case during the Coronavirus pandemic.

      The article “Getting the Court to Hear Your Case During the Pandemic” provides an insight into county court civil listing during the pandemic which may assist litigants to retain their current court listings. It provides answers to the following questions:

      • What does the court’s triage process involve?
      • What considerations might the court have in mind during triage?
      • Why was my case adjourned when it was suitable for remote hearing?
      • What practical issues do judges face during a remote hearing?
      • What can litigants do to help ensure a case remains listed and is effective as a remote hearing?

      View Article
  • Recommendations

    ‘Richard is excellent at inquest work. He is a tenacious advocate but is also very intuitive and can read a coroner well in order to adapt his approach. He is excellent with clients and extremely personable, which is so crucial in inquest work. Richard is always fully prepared and readily grasps the key points in any inquest.’

    Legal 500 2024/Inquests and Inquiries/Western Circuit/Leading Juniors

    ‘Richard is an excellent barrister. He has a great eye for detail and is able to pick up on salient points quickly.'

    Legal 500 2024/Personal Injury, Industrial Disease and Insurance Fraud/ London Bar/ Leading Juniors

    ‘Richard is probably one of the best all round barristers around. Both his advocacy and paper work is exceptional. He is excellent with clients and extremely personable,

    Legal 500 2024/Personal Injury/Western Circuit/Leading Juniors

    'Richard is able to approach difficult issues flexibly and pragmatically to achieve the best outcome for his client. He is very personable and builds up a good rapport with his clients.’

    ‘very knowledgeable’ and ‘meticulous with his preparation and attention to detail’

    Legal 500 2024/Personal Injury/ South Eastern Circuit/ Leading Juniors - Tier 1

    ‘Richard is excellent and extremely detailed when assessing quantum and has a particular speciality in dealing with complex fatal cases. His advice is always meticulous and considered.’

    Legal 500 2023/Personal Injury/South Eastern Circuit - Ranked Tier 1

    ‘Richard is a brilliant barrister. He is a fearsome and well prepared advocate, who pushes hard for his clients.’

    Legal 500 2023/Personal Injury/Leading Juniors/London Bar

    Richard Wheeler is ‘tenacious‘ and ‘excellent tactically with significant insight and experience to progress complex cases‘.

    'Richard is very knowledgeable, and quick to get to grips with the essential elements of the case. His advice is always meticulous and considered.'

    Legal 500 2023/Personal Injury/Western Circuit

    ‘Richard is a determined advocate who is always thorough and well-prepared. He leaves no stone unturned when investigating complicated quantum issues. You know if he is fighting a case to trial he believes in it.’

    Legal 500 2022/Personal Injury/South Eastern Circuit

    ‘Richard is tenacious and works hard in preparation and in action for his clients. His advice is clear, concise and tactical reflecting a keen analytical mind, and his advocacy is both engaging and persuasive. He understand the pressures affecting the client and he is able to address their concerns sympathetically.’

    Legal 500 2022/Personal Injury/Western Circuit

     

    What Treasury Counsel Panel referees say:

    “He’s great – advices are clear and concise, skeletons are accurate and tactical.”

    “his advocacy was both engaging and persuasive”

    “I instruct Richard in complex matters … his analytical skills are always an asset and he always adds to the case.”

    “He has a keen analytical mind.”

    “great knowledge of the issues and pressures affecting the client”

    “I have always found his advice to be practical, thorough and clear.”

    “clear, fluent and efficient in handling the complex issues in the case”

    “Richard is excellent – nice relaxed style, makes him compelling in conference as well as in trial. He’s very good at explaining even complex issues.”

    “personable and easy to talk to quite often we will just talk out any issues over the phone which is really helpful.”

    • Expand recommendations
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