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Richard Wheeler

Richard Wheeler

Call 2004


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Personal Injury & Clinical Negligence

Appointments

  • Junior Counsel to the Crown (B panel) from September 2015
  • Deputy District Judge, South Eastern Circuit (May 2015)
  • Legal assessor to the General Council of Osteopaths (February 2015)
  • Government Legal Department (Treasury Counsel) Regional Panel (2012)
  • Inner Temple Bar Liaison Committee
  • Trustee of charity Just Advocacy
  • New practitioner advocacy trainer, Inner Temple

Notable Personal Injury Cases

Acted for Claimant in £2.2m High Court 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.

Acted for child Claimant in £2m 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. Led by Stuart Brown QC but conducted successful JSM as junior alone against leading counsel.

Acting for lady knocked down by a van and crushed against a wall. Experts: neurology, psychology, neuropsychology, care. Issues: capacity, care requirements, loss of earnings, loss of pension.

Asbestos

Acted for Claimant husband in fatal accident claim arising out of his wife's 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.

Several other asbestos cases with issues surrounding exposure levels, multiple defendants, causation and quantum.

Employer's Liability

Acted for Claimant in High Court claim. Claimant suffered life changing injuries when knocked down by a forklift truck. Suffered de-gloving injury to lower limb. Issues: Workplace Regulations, contributory negligence, withdrawal of admissions. Experts: orthopaedic, plastic surgery, prosthetics, care. Settled for £700,000.

Many other cases involving workplace accidents, scaffolding, construction, docks, ladders, machinery, etc.

Clinical Negligence

Acted for young girl who suffered facial paralysis following maxillofacial surgery. Causation in dispute.

Acted for Claimant who suffered delayed diagnosis and avoidable continuing pain arising from negligent wrist surgery.
Government Defence Work.

Acted for Ministry of Defence defending claim by female officer for workplace stress. Claim brought for loss of lifetime earnings in the army, loss of pension etc c. £500,000. Experts: psychiatric. Issue: breach of duty, causation, quantum. Ongoing.

Acted for Ministry of Justice in High Court defence of claim brought by convicted murderer and his family claiming damages for breach of Art. 8 Human Rights Act 1998. Trial heard by Mr Justice Blake. Submissions on quantum drawing on European Court of Human Rights case law. Amount awarded for general damages was exactly the sum Richard had advised would likely be awarded.

Acted for Ministry of Justice in claim brought by prisoner who allegedly contracted HIV in a prisoner on prisoner assault. Alleged negligence in failing to screen for HIV after the fight and failing to prescribe prophylactic medicine. Issues: causation, prognosis, quantum.

Acted for Ministry of Justice in claim brought by prisoner for alleged negligent use of force by officers. Issues: correct application of control and restrain procedures, de-escalation techniques, causation, quantum.

Acted for Ministry of Justice in 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.

Acted for Ministry of Justice in claim brought by prisoner for alleged inhuman treatment (Art 3) and breach of Art 8 arising out of alleged failure by prison to provide access to medical care.

Acted for the Ministry of Justice striking out a claim by witness in criminal proceedings who alleged her personal details had been wrongly disclosed. Issues: breach of confidence, breach of the Data Protection Act, immunity from suit.

Acted for Ministry of Justice striking out claims for misfeasance in public office brought by prisoner against two prominent MPs.

Inquests

Acted for Ministry of Justice in 8 day jury Art 2 inquest arising out of suicide in prison. Issues: alleged premature closure of ACCT, safeguarding, disclosure, redactions, data protection, scope of inquiry.

Acted for driver who pulled out of a garage into the path of a police motorcyclist travelling at 90mph pursuing target in undercover police operation. Police motorcyclist was killed. Issues: public interest immunity, disclosure, self incrimination, design and layout of the road, speed, distance and perception evidence.

Acted for Ministry of Justice in 5 day Art 2 inquest arising out of suicide in prison. The Inquest heard expert medical/psychiatric evidence and concentrated on the assessment by Prison and Healthcare staff on deceased’s level of risk to himself.

See also

Practice Groups

Expertise

Areas of Expertise

Specialisms

News

July 13 2015:

Chambers is pleased to announce that Richard Wheeler has been appointed to the Attorney General’s B Panel of Junior Counsel ...read more


May 29 2015:

Richard Wheeler appointed as Deputy District Judge (Civil) South Eastern Circuit ...read more


February 11 2015:

Richard Wheeler has been appointed to the panel of legal assessors for the General Osteopathic Council.  ...read more


... more news

Academic Qualifications

Warwick University Philosophy and Literature First Class, 2000

CPE, Merit, 2003

BVC, Very competent, 2004

Scholarships

Inner Temple Horace Avory scholar 2004

Professional Qualifications and Appointments

  • Accredited Mediation Advocate
  • Appointed Western Circuit Representative to the Inner Temple Bar Liaison Committee. 2013
  • Appointed by Attorney General to Treasury Council Regional Panel. 2012
  • Appointed Legal Assessor to the General Council of Osteopaths 2014
  • Appointed Deputy District Judge (Civil) South Eastern Circuit 2015