Richard specialises in representing insurers in claims which involve allegations of fraud or dishonesty. He acts as a panel barrister for most major insurance companies.
Richard is primarily a trial advocate and will typically conduct several trials each week. He is known for the detail of his preparation, his knowledge of the case and the robustness of his cross-examination. His success regularly leads to a finding of fundamental dishonesty and/or dismissal under s57 Criminal Justice and Courts Act 2015.
Richard’s road traffic work regularly includes trials involving allegations of induced accidents, staged collisions (often involving organised fraud rings), bogus passengers, claims farming and delayed presentation of claims. His work regularly involves large credit hire claims, inconsistent vehicle damage and issues relating to allegations of misleading/dishonest physiotherapy and other treatment charges. Richard is often instructed in cases where causation is disputed on low velocity grounds or due to inconsistencies with the medical records. His work includes cases where third parties (such as hire companies, claims management companies or treatment providers) have been pursued for non-party costs orders and cases where an insurer wishes to apply for committal for contempt of Court.
Richard further has considerable experience in dealing with allegations of dishonesty arising from workplace accidents, occupiers’ liability claims and holiday sickness claims.
Richard complements his trial work with a busy paperwork and advisory practice. He is regularly instructed to test witnesses’ evidence in conference. He is often instructed to settle Defences involving allegations of fraud and fundamental dishonesty, often within the context of large scale organised fraud rings.
In addition to his practice at the Bar, Richard sits as a Recorder in the Crown Court and as a Deputy District Judge in the County Court.
Notable Cases
G v Advantage Insurance (Nottingham CC) –RTA
Claim defended on bogus passenger and causation grounds. Court found that the Claimant had lied about occupancy of vehicle and knowlingly called a fraudulent witness. Claim dismissed under s57 CJCA 201. QOWCS dis-applied. Richard acted for Defendant insurer.
W and 2 minors v AXA Insurance (Nottingham CC) – RTA
Claim defended on liability and low velocity grounds . Claim dismissed and findings of fundamental dishonesty in respect of claims brought by adult and on behalf of 2 children. QOWCS dis-applied. Richard acted for Defendant insurer.
M v Esure Services Ltd (Birmingham CC)- RTA
Defended on Low velocity grounds. Claimant discontinued after cross examination. Claimant agreed to pay Defendant’s costs and Tomlin Order agreed to avoid application of QOWCS. Richard acted for Defendant insurer.
A v Advantage Insurance Company (Birmingham CC) – RTA
Claim defended on grounds of causation and exaggeration of injury. Claim dismissed with finding of Fundamental Dishonesty. QOWCS dis-applied.
M v NEC (Birminhgam CC)
Alleged tripping accident at workplace. Claim defended claim on grounds that the accident did not occur and injury claim was dishonets. Claimant discontinued after cross examination. Claimant agreed to pay Defendant’s costs with Tomlin Order agreed to avoid application of QOWCS. Richard acted for Defendant employer.
D v Ageas Insurance (Manchester County Court ) – RTA
Claim defended on grounds of deliberately induced accident. Court found that the Claimant attempted to induce collision but no contact occurred. Finding of Fundamental Dishonesty. QOWCS dis-applied. Richard acted for Defendant insurer.
A v A (Birmingham CC)
Successful application to strike out claim on grounds that the Claimant’s actions had obstructed the just disposal of proceedings. QOWCS dis-applied. Richard acted for Defendant insurer.
Operation A (AXA Insurance)
Organised ring fraud involving fraudulently obtained policies and numerous staged accidents. Large number of separately litigated claims. Richard acted for Defendant insurer: advised in multi-party conference, settled Defences pleading fraud across whole operation and consolidated proceedings together. Claims repudiated leading to savings to insurer in the region of £1million.
Appointments
Recorder (2020)
Deputy District Judge (2020)
Memberships
Middle Temple
PIBA
Qualifications
LLB (Hons)
