Richard specialises in complex and high-value personal injury cases. He has a very busy practice, representing Claimants and Defendants. He has been instructed for many years on behalf of all of the major insurance companies, the Motor Insurers’ Bureau and many local authorities.
Richard spends most of his time handling catastrophic injury claims (brain injury, spinal cord injury and amputation claims), claims involving pain disorders and fatal accident claims. He also has considerable experience in advising insurers as to issues relating to motor insurance, and has advised many times on coverage and policy issues, liability under the Road Traffic Act 1988 and Motor Insurers’ Bureau liability. He has particular interests in claims giving rise to issues of dishonesty and illegality and the liability of insurers in respect of the use of autonomous vehicles.
Richard is very experienced in joint settlement meetings and mediations. He has considerable experience in the medical issues arising from high-value personal injury claims, and tests medical evidence in conference and at trial on a regular basis. He enjoys cases involving very complex expert evidence.
Personal Injury
Selected Cases
Personal Injury
Swift v Carpenter [2020] EWCA Civ 1295
Instructed as junior counsel for the Personal Injuries Bar Association, who were permitted to intervene on the appeal to the Court of Appeal. The case concerns the measure of damages for alternative accommodation in serious personal injury claims. Led by Darryl Allen QC.
Personal Injury
Cable v Liverpool Victoria Insurance Co. Ltd. [2020] 4 WLR 110, [2020] EWCA Civ 1015
Personal injury claim commenced in the RTA Protocol notwithstanding that it was later revealed to have an alleged value of some £2.2 million. Proceedings held to be an abuse of process and sanctions applied. Richard represented the Defendant at all three stages of this litigation and was led in the Court of Appeal by Darryl Allen QC.
Fatal Accidents
Kore v Brocklebank [2019] EWHC 3491 (QB), Turner J
Fatal accident claim. Issue over whether acceptance of an offer to settle “the whole of” a fatal accident claim applied only to those named in the letter of claim, or all dependants.
Fatal Accidents
Wallett v Vickers [2019] PIQR P6, [2018] EWHC 3088 (QB), Males J
Fatal accident claim arising from an accident in which two motorists were speeding. Case involved the defence of illegality. Led by Tim Horlock QC.
Personal Injury
Griffiths v Gwynedd County Council [2016] RTR 15, [2015] EWCA Civ 1440
Highways Act claim arising from an accident befalling a cyclist on a remote rural road. Represented Defendant authority successfully at first instance, and in the Court of Appeal (led by Tim Horlock QC). Decision clarifies the test for dangerousness in respect of rarely-used highways.
Personal Injury
McCracken v Smith [2015] PIQR P19, [2015] EWCA Civ 380
Case concerning (amongst other things) the scope of the doctrine of illegality in personal injury claims where a driver is held liable in negligence to a claimant who is engaged in a joint criminal enterprise at the time of an accident. Led by Stephen Grime QC.
Credit Hire
Pattni v First Leicester Buses Ltd. [2012] PIQR Q1
Concerning the recoverability of contractual interest on credit hire charges. Led by Mark Turner QC.
Credit Hire
Bent v Highway and Utilities Construction (Costs) [2011] EWCA Civ 1539
Concerning costs and interest on the conclusion of credit hire litigation subject to two appeals to the Court of Appeal.
News
- New Silks – Claire Toogood QC and Richard Whitehall QC
- Claire Toogood and Richard Whitehall to be appointed Queen’s Counsel
Qualifications
- Royal Grammar School, Newcastle upon Tyne
- University of Cardiff, LLB, Law and French
- Certificat d’Etudes Universitaires Generales, Rennes
- Inns of Court School of Law
- University of Cardiff, LLM Commercial Law
Memberships
- Northern Circuit
- Personal Injuries Bar Association
- Northern Circuit Representative for the Personal Injury Bar Association – 2009 to 2013
- Co-opted member of the executive committee of PIBA – 2013 to date
Recommendations
“An experienced junior who handles all areas of personal injury, primarily focusing on multi-track cases of significant value. He regularly acts in catastrophic injury, RTA and industrial disease claims, and is also very well versed in issues of employers’ and public liability. “One of the finest barristers I’ve had the pleasure to be against. His cross-examination was flawless and devastating, absolutely lethal.” “He handles difficult cases very well: he’s very good in court and always well prepared.”
Chambers UK, 2017
