Richard Whitehall KC

Year of Call: 1998, Lincoln's Inn

Kings Counsel: 2022

Richard whitehall
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Richard specialises in catastrophic 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 brain injury, spinal cord injury, catastrophic polytrauma and amputation claims.  He has a longstanding interest in claims involving pain disorders and fatal accidents and a particular interest in claims giving rise to issues of dishonesty and illegality.  He has also advised and presented seminars on 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.

Richard also has considerable experience in advising insurers on policy and coverage issues arising from all types of personal injury claim, most commonly issues concerning policy interpretation and potential declinature or avoidance for non-disclosure, late notification etc..  He has a particular expertise in respect of issues arising from compulsory motor insurance, including liability under the Road Traffic Act 1988 and Motor Insurers’ Bureau liability.  He has a lot of experience in Article 75 issues and the arbitrations which arise from them.

“Richard is excellent. He has great technical ability and is seen as a leader in complex work.”

Chambers & Partners, 2024

Notable Cases

  • Moor v Aviva Insurance Ltd. & Midhurst Engineering & Motor Co. Ltd. [2023] EWHC 1651 (KB)

    Personal Injury

    Trial of liability arising from an RTA in which each driver claimed that the other was on the wrong side of the road.  Accident reconstruction expert evidence of limited value only.  Trial fought and won mainly on witness evidence.

  • Swift v Carpenter [2020] EWCA Civ 1295

    Personal Injury

    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.

  • Cable v Liverpool Victoria Insurance Co. Ltd. [2020] 4 WLR 110, [2020] EWCA Civ 1015

    Personal Injury

    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.

  • Kore v Brocklebank [2019] EWHC 3491 (QB), Turner J

    Fatal Accidents

    Fatal accident claim. Issue over whether acceptance of an offer to settle “the whole of” a claim applied only to those named in the letter of claim, or all dependants.

  • Wallett v Vickers [2019] PIQR P6, [2018] EWHC 3088 (QB), Males J

    Fatal Accidents

    Fatal accident claim arising from an accident in which two motorists were speeding. Case involved the defence of illegality. Led by Tim Horlock QC.

  • Griffiths v Gwynedd County Council [2016] RTR 15, [2015] EWCA Civ 1440

    Personal Injury

    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.

  • McCracken v Smith [2015] PIQR P19, [2015] EWCA Civ 380

    Personal Injury

    Case concerning (amongst other things) the scope of the doctrine of 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.

  • Pattni v First Leicester Buses Ltd. [2012] PIQR Q1

    Credit Hire

    Concerning the recoverability of contractual interest on credit hire charges. Led by Mark Turner QC.

  • Bent v Highway and Utilities Construction (Costs) [2011] EWCA Civ 1539

    Credit Hire

    Concerning costs and interest on the conclusion of credit hire litigation subject to two appeals to the Court of Appeal.

Appointments

  • Head of the Deans Court Chambers Personal Injury Team, 2023 –
  • Northern Circuit Representative for the Personal Injury Bar Association - 2009 to 2013
  • Co-opted member of the executive committee of PIBA – 2013 to date
  • Single point of contact for Civil Practitioners on the Northern Circuit Coronavirus Task Force, 2020

Professional Associations

  • Northern Circuit
  • Personal Injuries Bar Association

Education

  • 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