No5 Barristers' Chambers - Excellence is at the heart of everything we do.
Background

Richard McLoughlin

Call: 2012

Richard McLoughlin practises in the fields of personal injury, costs and private family law.

He is a diligent and versatile advocate with excellent client-care skills. He is happy to discuss cases on an informal basis with solicitors prior to the receipt of instructions. He provides detailed and practical advice and aims to do so within a short time-frame.

Expertise

Family

Richard accepts instructions in:

  • Financial remedy proceedings, including applications pursuant to TOLATA 1996; and
  • Private law children proceedings.

Richard has represented vulnerable clients, including people with brain injuries and significant psychological conditions, and knows how to communicate complicated ideas in a way that is easily understood.

Richard has considerable experience in bringing or defending serious allegations of fraud and dishonesty. His advocacy is forensic and robust.

His background in civil litigation provides him with a strong base for financial remedy proceedings that operate under the CPR.

Richard’s experience with high value cases means he is well-versed in the careful scrutiny of financial disclosure and has a strong head for figures.

Matrimonial Finance

Richard accepts instructions in financial remedy proceedings, including applications pursuant to TOLATA 1996.

Richard has represented vulnerable clients, including people with brain injuries and significant psychological conditions, and knows how to communicate complicated ideas in a way that is easily understood.

Richard has considerable experience in bringing or defending serious allegations of fraud and dishonesty. His advocacy is forensic and robust.

His background in civil litigation provides him with a strong base for financial remedy proceedings that operate under the CPR.

Richard’s experience with high value cases means he is well-versed in the careful scrutiny of financial disclosure and has a strong head for figures.

Personal Injury

Richard acts for both claimants and defendants. He has significant experience of personal injury law, including:

  • Employers’ liability claims;
  • Occupiers’ liability claims;
  • Highways Act claims;
  • Road traffic accidents;
  • Credit hire;
  •  Industrial deafness;
  • Animals Act claims;
  • Claims in which dishonesty is alleged.

Costs & Litigation Funding

Richard provides advocacy and advisory services and is happy to discuss matters informally with instructing solicitors.

Richard gained considerable experience in costs while training under the supervision of costs specialist, Christopher Perry.

He has developed his knowledge of costs by undertaking a secondment in the costs team of a national firm of solicitors. His experience includes:

  • Detailed Assessments;
  • Oral Review of Provisional Assessments, including a recent case in which Richard represented the paying party where the bill was re-assessed to nil on the basis of a breach of the indemnity principle;
  • CCMCs;
  • Costs applications;
  • Drafting Replies to Points of Dispute to Bills in excess of £500,000;
  • Advising in relation to discrete issues such as escaping fixed success fees and departing from costs budgets.

Credit Hire

Richard accepts instructions from both claimants and defendants. He has worked in credit hire since the beginning of his practice and therefore has an intimate knowledge of the leading authorities in this area. He is frequently instructed in matters involving very substantial claims for hire and in cases where dishonesty is alleged.

Fraudulent Insurance Claims

Richard frequently represents Defendants in claims involving allegations of fraud in road traffic accidents, workplace accidents and public liability claims.

His recent experience includes:

  • Low velocity impact claims;
  • Deliberately induced accidents; – Phantom passengers;
  • Late notification/’farmed claims’; – False or exaggerated injuries;
  • ‘Pure’ causational arguments.

Richard is instructed in trials and interim applications and also meets with lay witnesses in conference in order to assess the strength of their evidence. He is also instructed to draft defences and advise on prospects and whether, for instance, a formal pleading of fraud is appropriate.

Richard is available to discuss cases informally with professional clients. He aims to return advices and pleadings swiftly. He ensures that his advices are comprehensive and practical.

Industrial Disease

Richard accepts instructions from claimants and defendants in matters including:

  • Noise induced hearing loss
  • Occupational exposure to chemicals
  • Hand-Arm Vibration syndrome
  • Repetitive strain injury

Brain Injury

Richard has represented clients who have suffered brain injuries, both as sole counsel and also as junior counsel.

 

  • Acting for a claimant who sustained multiple serious injuries including a traumatic brain injury as a result of a road traffic accident;
  • Representing an elderly brain-injured claimant whose risk of developing post-traumatic epilepsy increased following an accident;
  • Acting as junior counsel for the claimant in a severe traumatic brain injury case.

Notable Personal Injury Cases


GL, KH v GK

Court accepted Defendant’s allegation that C2 was not present at the scene of the accident. Two findings of fundamental dishonest secured.


EE v Mostell Logistics Limited

Secured finding of fundamental dishonesty notwithstanding Claimant’s decision to discontinue the claim.


CA v Martin Brower UK

Defendant denied breach of duty and causation. Allegations of exaggeration and material non-disclosure of relevant medical history. Fundamental dishonesty finding secured.


DS v Advantage Insurance Company

Defendant alleged Claimant was not injured as a result of the index accident. Fundamental dishonesty finding secured.


SU v Royal & Sun Alliance Insurance PLC

Allegations of false injury claim. Causational arguments.


TR v Southern Rock

Late notification claim with Defendant adopting ‘put to proof’ defence without explicit allegations of fraud or fundamental dishonesty.


AB v National Express

Workplace accident. Claimant put to proof on facts of accident and causation.


TP and SA v UK Insurance Limited

Allegations of low velocity impact and exaggeration.


MR v National Farmers Union

Allegations of low velocity impact, phantom passengers and injury exaggeration.



Acting for a claimant who sustained multiple serious injuries including a traumatic brain injury as a result of a road traffic accident;



Several cases involving claims for the lifelong use of prostheses;



Representing the claimant in a claim involving a workplace accident in which the claimant sustained serious orthopaedic injuries;



Acting as junior counsel for the defendant insurer in a below-knee amputation case;



Acting for a claimant who lost sight in one eye following a workplace accident;



Representing an elderly brain-injured claimant whose risk of developing post-traumatic epilepsy increased following an accident;



Acting as junior counsel for the claimant in a severe traumatic brain injury case.


Related News, Resources and Events

Podcasts


Costs Vlog – Autumn 2020 – Part 2: Solicitor/Client Assessments and Success Fee reclaims

LISTEN ON YOUTUBE WATCH PART 1 Christopher Perry is once again joined by Adam Burrell, Charles Crow and Richard McLoughlin where they discuss solicitor/client assessments,…

Podcasts


Costs Vlog – Autumn 2020 – Part 1: Remote hearings, Early Neutral Evaluation & Mediation in costs cases

LISTEN ON YOUTUBE WATCH PART 2  The recent Court of Appeal (and eagerly awaited Supreme Court) decision in Ho v Adelekun [2020} EWCA Civ 517 relating…

View all related news

  • Bacon Award, Gray’s Inn
  • BPTC, Manchester Metropolitan University, Outstanding, First Place in Year
  • GDL, College of Law, York, Commendation
  • BA (Hons.) Politics, University of York, Upper Second Class
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Related News, Resources and Events

Podcasts


Costs Vlog – Autumn 2020 – Part 2: Solicitor/Client Assessments and Success Fee reclaims

LISTEN ON YOUTUBE WATCH PART 1 Christopher Perry is once again joined by Adam Burrell, Charles Crow and Richard McLoughlin where they discuss solicitor/client assessments,…

Podcasts


Costs Vlog – Autumn 2020 – Part 1: Remote hearings, Early Neutral Evaluation & Mediation in costs cases

LISTEN ON YOUTUBE WATCH PART 2  The recent Court of Appeal (and eagerly awaited Supreme Court) decision in Ho v Adelekun [2020} EWCA Civ 517 relating…

View all related news

Clerk Team

William Theaker

Practice Director, Clinical Negligence & Personal Injury

williamt@no5.com

07494 070989

Clare Radburn

Practice Director, Family, Clinical Negligence and Personal Injury

clarer@no5.com

07809 407950

Pete Mottram

Practice Manager, Clinical Negligence & Personal Injury (Multi-Track)

peterm@no5.com

Ed Milburn

Personal Injury (Fast-Track) Team Leader

edmundm@no5.com

Matthew Reeves

Clinical Negligence, Personal Injury (Multi Track) and Regulatory Clerk

matthewr@no5.com

Tracey Witherford

Clinical Negligence & Personal Injury (Multi-Track) Clerk

traceyw@no5.com

Morgan Smith

Clinical Negligence (Multi-Track) & Personal Injury Clerk

morgans@no5.com

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