Public and Regulatory

Richard has extensive experience in public and regulatory law. He has been Attorney General Panel Counsel for 8 years and has acted for Government Departments in a range of cases, often engaging both public and private law issues.

Unlawful Detention Judicial Review & False Imprisonment

Richard has acted in a range of unlawful detention prison and immigration matters engaging Hardial Singh principles and related case law. He has experience in relation to asylum application procedures, trafficking and modern slavery cases, criminal casework, Adults at Risk policy, and issues relating to claims for aggravated and exemplary damages.

Richard has acted in judicial review proceedings brought by prisoners challenging detention decisions See, for example, R (on the application of Antonio Boparan) v Governor Of Stoke Heath Prison [2019] EWHC 2352 (Admin) (challenge to home detention curfew policy).

Human Rights Act

Richard has acted in many claims against Government Departments involving allegations of breach of Art 2 (right to life), Art 3 (torture) and Art 8 (private life) of the European Convention on Human Rights.

Examples of recent cases:

  • W v HCC & Ors - instructed in breach of human rights claim brought by estate of deceased prisoner. Alleged breaches of Art 2 (right to life), Art 3 (torture) and Art 8 (private life) European Convention on Human Rights.
  • S v SoS - Appearing for Secretary of State. Immigration and Asylum Act 1999.  Defeating appeal of fines imposed for carrying illegal immigrants across UK border.
  • K v Ministry of Justice  - High Court trial, human rights claim by convicted murder. Acting for Secretary of State.
  • T v SoS - for Justice Life sentence prisoner, restrictions on licence; Art 8, Art 14 European Convention on Human Rights
  • M v MOJ - Human Rights Art 3 (inhumane treatment), Art 8 (right to life), Art 14 (discrimination) - alleged failure by prison to provide access to medical care.

Data Protection & Privacy

Richard has acted for several Government Departments defending claims of alleged breach of the Data Protection Act 1998 and DPA 2018, GDPR, LED and related legislation. He has acted in claims involving breach of Art 8 of the Human Rights Act 1998, privacy and breach of confidence.

Many cases involve significant claims for distress and/or psychiatric damage, alleged diminution in house value, costs of moving home, costs of increased security.

Civil Proceedings Orders

Richard has acted in several cases on behalf of the Attorney General seeking an order from the High Court restraining vexatious litigants from issuing civil proceedings.

Inquests

Richard has extensive experience of related litigation in the Coroner’s Court, for example:

  • Re Gray; Benton (Art 2): acting for soldiers in two of the Deepcut inquests (families alleged foul play at army base)
  • Re Bugaled Breizh: Acting for Royal Navy (families allege naval submarine caused French trawler to sink).
  • Re G: acting for husband in death arising from clinical negligence.
  • Re L (Art 2): acting for family in self-inflicted death while in care of secure hospital.
  • Re B & many others (Art 2): acting for Ministry of Justice in self-inflicted deaths in prisons.
  • Recommendations

    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.”

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Academic qualifications

  • BA Hons, Warwick (First Class, 2000)
  • CPE, Merit, 2003
  • BVC, Very competent, 2004
  • Inner Temple Horace Avory scholarship, 2004

Professional qualifications & appointments

  • Recorder, South Eastern Circuit, 2019
  • Deputy District Judge, South Eastern Circuit, 2015
  • Treasury Counsel (London B Panel)
  • Inner Temple Bar Liaison Committee member
  • New practitioner advocacy trainer, Inner Temple
  • Mediation Advocate

Professional bodies

  • Personal Injury Bar Association

Direct Access

Richard Wheeler is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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