3PB

Personal injury and Clinical negligence, Inquests, Public and Administrative Law

Richard Wheeler specialises in personal injury, clinical negligence, inquests, and costs.

‘Always impressed with his advocacy and the manner in which he is able to present complex issues in a relatable manner. He is also excellent in conference and always well liked by clients.’ (Legal 500 2025, Leading Junior).

Shortlisted for Personal Injury Junior of the Year 2024 (Legal 500).

Attorney General’s London A Panel (Treasury Counsel).

Richard acts for both Claimants and Defendants and has particular experience in catastrophic injury, traumatic brain injury, spinal injury, asbestos, and fatal accident claims. Most of his case load involves claims valued at between £1m to £25m. He is often instructed as junior alone against King’s Counsel.

Richard has acted in many claims involving sexual harassment and bullying in the workplace, brain injuries, functional neurological disorder, chronic pain, myofascial pain syndrome, CRPS, breach of breach of data protection, false imprisonment, contempt of court, and costs. He has particular experience in military claims.

His clinical negligence work has involved claims of breaches of duty in obstetrics, cardiology, geriatric care, dentistry, orthopaedics, urological, and many other medical fields.

Richard also accepts instructions in counter-fraud and has acted for insurers defending many cases involving fundamental dishonesty in personal injury and credit hire fraud.

Richard is also sought after in costs work arising from personal injury and clinical negligence, and in relation to other civil disputes.

He teaches ethics and advocacy annually for the Inner Temple and is a member of the Board of Trustees for Advocate, the Bar’s pro bono charity.

Richard was appointed a Recorder in 2019.

Reported cases:

• Wilson v Ministry of Justice [2024] EWHC 2389 (KB)
• [Emoni v Atabo [2020] EWHC 3322 (Fam) (contempt of court)
• R (on the application of Antonio Boparan) v Governor Of Stoke Heath Prison [2019] EWHC 2352 (Admin)
• Kimathi & Ors v Foreign & Commonwealth Office [2018] EWHC 2066 (QB)
• Kimathi & Ors v Foreign & Commonwealth [2018] EWHC 1169 (QB)
• Yirenkyi v MOD (QB) [2018] EWHC 3102
• Van Niekirk [2012] EWCA Crim 2607
• Macleod [2012] EWCA Crim 1916.

Clinical negligence

Richard has extensive experience in all areas of clinical negligence. Many claims valued in excess of £1m.

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

Recent cases include:

• B v NHS: missed diagnosis Acting for man diagnosed with terminal lung cancer, alleged missed diagnosis on several chest images.
• J v NHS: negligent ante-natal care leading to mild brain injury.
• G v NHS: missed diagnosis cardiac failure. Fatal accident claim.
• M v NHS: £1m fatal accident clinical negligence claim. Missed cancer diagnosis. Dependency claim for father and two young children.
• G v NHS: inquest and civil claim for multiple dependents following hypoxic brain injury. £½ million claim.
• H v NHS: facial paralysis following maxillofacial surgery. Causation in dispute. £200k claim.
• L v NHS: negligence and breach of Human Rights Act 1998 following death in secure hospital.
• M v NHS: missed diagnosis of cardiac problem in neonate. Breach of duty and causation in dispute.
• C v MOD: alleged late diagnosis, and incorrect treatment for shin splints. C. £200k claim.
• J v MOJ: prisoner contracted HIV in a prisoner on prisoner assault. Alleged negligence in failing to screen for HIV. Causation, prognosis, quantum. £100k claim.
• G v MOD: alleged failure to treat back complaint, leading to loss of career: £½ million claim.

Personal injury

‘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

Sample of recent cases:

• H v MOD (High Court). £25m claim. Royal Marine suffered catastrophic spinal injury while training.
• Wilson v MoJ [2024] EWHC 2389 (KB), £8m claim arising from prisoner stabbed by another inmate, causing serious spinal injury.
• D v R (High Court): £1.5m claim. Motorcycle accident causing multiple injuries.
• W v HF (High Court): inquest and subsequent £800,000 fatal accident claim for wife and children arising from death of farm hand on a farm in Dorset.
• M v MOD (High Court): £2m claim. Electric shock on board naval vessel.
• N & Ors v H: £1.5m claim, serious spinal injury when pallet load of goods fell from back of a lorry. Loss of lucrative niche business.
• H v MOD (High Court): £¾m claim. Serious spinal injury on Diego Garcia, British Indian Overseas Territory.
• P v B (£1m claim) serious foot injury at New Covent Garden market when pedestrian hit by forklift truck.
• T v MOD (High Court): £1.6m claim. Soldier injured in two accidents in the army. Acting as junior alone against KC. Settled at JSM.
• B v MOD (High Court: £1m claim. Soldier injured in non-freezing cold injury. Contested medical causation, neurological and rheumatological experts.
• B v N (High Court): £¾m asbestos claim. Acting as junior alone against KC. Settled at JSM.
• P v MOD (High Court): £1.7m claim for functional neurological disorder. Settled at JSM.
• M v MOD (High Court, 2022): £2.5m claim for neurological injuries sustained in a tank in Canada. Settled at JSM.
• B v MOD (High Court, 2022: £1m claim for sexual harassment and workplace bullying in the RAF.
• Day v DWP & Capita (High Court), 2021: £½m claim for negligence and breach of human rights. Led by Neil Sheldon KC.
• Kimathi & Others v FCO (High Court, 2016-2018): defending a group action involving 40,000 claimants, arising out of the Kenyan Emergency in the 1950s. Led by Guy Mansfield KC and Neil Block KC.

Inquests

Richard has broad experience of coronial law. He has appeared on behalf of bereaved families and has acted many times for Government Departments in inquests. Richard has appeared in several inquests where the Coroner has appointed Counsel to the inquiry and has frequently appeared alone where other interested parties having instructing Queen’s Counsel.

Most recently Richard was instructed by the MOD in the Deepcut inquest (Sean Benton) arising from a death from gunshot wounds in alleged mysterious circumstances at Deepcut Barracks over 20 years ago. Richard was instructed to represent three former soldiers accused of bullying Sean Benton prior to his death. The case involved applications for special measures, reporting restrictions and cross-examination of a vulnerable witness.

Several inquests have raised issues such as to whether Article 2 is engaged, whether a jury should be summoned. Richard has frequently dealt with submissions involving allegations of unlawful killing, neglect, and Reg. 28 type issues. Richard has attended many PIRs on behalf of interested parties and bereaved relatives and secured the necessary evidence and directions for an effective inquest. In one ongoing matter cross-jurisdictional issues arise involving disclosure from French, Dutch and German military authorities.

Recent notable cases include:

• Acting for MOD in inquest into sinking of French fishing vessel the Bugaled Breizh. The families and boat owner allege involvement of HM naval submarine in the sinking, denied by MOD.
• Acting for family in inquest arising from alleged negligent care in a hospital resulting in hypoxic brain injury.
  Acted for three former soldiers in Deepcut inquest (Sean Benton). The three were accused of bullying Sean Benton prior to his death from gunshot wounds, in 1995.
• 14 day Article 2 inquest into death of prisoner at Winchester prison. Neglect, breach of human rights, negligence, ACCT process.
• Acted for motorist in 8 day jury inquest into death of undercover policeman in Southampton. Public interest immunity regarding the operation the police were conducting at the time of the fatal accident.
  Article 2 jury inquest involving a prisoner suicide in Exeter prison. Alleged early closure of ACCT, safeguarding, and mental health issues.
• Article 2 inquest following prisoner suicide in Chelmsford prison.
• Acted for family in 3 days, jury inquest. Window fitter killed working at height.
• Inquest following death of prisoner, inquiry into use of prisoner restraints.

Legal 500 2025/Personal Injury/Western Circuit/Leading Juniors

'Richard is very analytical and knows the inquest process inside out. He is well prepared and brings his knowledge across well to put families at ease throughout the whole process.’

Public and Administrative Law

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.

Year of Call: 2004

Personal Injury Bar Association

BA Hons, Warwick (First Class, 2000) CPE, Merit, 2003 BVC, Very competent, 2004 Inner Temple Horace Avory scholarship, 2004 Recorder, South Eastern Circuit, 2019 Deputy District Judge, South Eastern Circuit, 2015 Treasury Counsel (London A Panel) Inner Temple Bar Liaison Committee member New practitioner advocacy trainer, Inner Temple Mediation Advocate