Civil Fraud, Personal Injury, Regulatory & Public and Criminal

Call 2007

Appointments:2011List C of specialist regulatory advocates in health & safety and environmental law

2019List B of the Panel of Specialist Regulatory Advocates

North Eastern Circuit

Civil Fraud

Anna Wilkinson has an established practice in civil insurance fraud and regularly undertakes work on behalf of defendant insurers in relation to suspicious or fraudulent insurance claims, including cases involving road traffic accidents, slips and trips and accidents at work.

Anna has extensive experience of cases involving staged accidents, low-velocity impact (LVI), bogus passengers and exaggerated personal injury claims. She is also familiar with the legal issues which arise in credit hire claims.

Anna has experience in acting for travel companies in cases involving flight delays and alleged breaches under the Package Travel, Package Holidays and Package Tours Regulations 1992 (the “Regulations”) and ABTA code of conduct. Anna is familiar with HACCP and the issues that arise in defending holiday sickness claims following the judgment of the Court of Appeal in Wood v TUI Travel, and is acutely aware of the need for travel companies to consider each claim presented to it with considerable caution in light of the recent surge in fraudulent holiday sickness claims.

Anna ensures she is aware of recent legal developments in the post-Mitchell climate, including the judgments in Durrant v Chief Constable of Avon and Somerset Constabulary; Adlington & Ors v ELS International Lawyers; and Porbanderwalla v Daybridge. She is therefore equipped to deal with arguments in respect of issues arising from the late service of documents or budgets.

Anna is regularly instructed in relation to claims involving credit hire, especially on behalf of the defence, in cases of all values from the small claims track to the multi-track. She is au fait with the plethora of arguments and cases that have been determined by the Court of Appeal and House of Lords in respect of credit hire agreements, including those made in respect of the Cancellation of Contracts Made in a Consumer’s Home or Place of Work Etc Regulations 2008, and the cases of W v Veolia, Pattni v First Leicester Buses Limited and Bent v Highways and Utilities.

Anna has cross-examined claimants about their claim for collection and delivery of a vehicle and making subsequent submissions that the credit hire contract is unenforceable in its entirety. She has also dealt with cases in which the vehicle is used for both business and social, domestic and pleasure purposes and is familiar with the case law and arguments which can be advanced in such cases. She regularly uses the arguments relating to basic hire rates.

Personal Injury

Anna has a mixed practice of claimant and defendant personal injury (PI) work, including claims funded by a CFA. This includes road traffic accidents, employers’ liability cases, and slip-and-trip matters. She has experience of noise-induced hearing loss and clinical negligence, and is pleased to settle or advise on pleadings.

In addition to personal injury work, Anna has experience of debt-recovery and enforcement proceedings, including applications for charging orders, orders for sale and possession hearings.

Regulatory & PublicAnna Wilkinson is a B-List Regulatory Advocate and has an established practice in a variety of regulatory and disciplinary work.

Anna has been instructed to appear in the First Tier Tribunal (Health, Education and Social Care Chamber) by both care home owners and the Care Quality Commission, and to appear at the First Tier (Mental Health) Tribunal on behalf of patients seeking discharge. She has also conducted cases in both the First Tier Tax tribunal and the First Tier Tribunal (general regulatory chamber).

Anna has undertaken numerous cases on behalf of both CQC and care home owners. Anna has been instrumental in defending Notices of Proposal and Notices of Decisions at tribunal hearings. Anna is familiar with appeals regarding notices of cancelation of registration and is experienced in dealing with the issues which arise in such cases, including the cross examination of expert witnesses in areas such as occupational therapy and medicine management.  Anna is also familiar with the principals of the CQC policy “registering the right support” and has successfully dealt with cases involving increases of service users.

Anna is always happy to advise providers and Managers on Notices of Proposal, Decision, Fit & Proper Persons, Mental Capacity Act and Deprivation of Liberty Safeguards.  She has a thorough understanding and knowledge of the Health and Social Care Act and Regulations and their application.

Anna also receives instructions in proceedings brought by the Health & Safety Executive and the Environment Agency which are conducted in both the Magistrates’ and Crown Courts.

Anna also acts in cases prosecuted by local authorities and fire and rescue authorities and Anna has been instructed by the Department for Business, Innovation and Skills in relation to frauds by company directors and offences concerning individual voluntary arrangements (IVAs). She regularly acts on behalf of the DWP to prosecute benefit-fraud offences. Anna also appears on behalf of the Child Support Agency and has defended in school truancy, food safety & hygiene, and licensing matters.

Anna has undertaken training provided by England Netball in order that she can assist with and adjudicate upon disciplinary complaints involving registered players or leagues.

CrimeAnna acts for the prosecution or defence in all areas, from the Youth Court to the Court of Appeal. She can be relied upon to put witnesses and clients at ease and to deal with them in a sensitive, approachable and matter-of-fact way.

Anna regularly acts on behalf of CPS Fraud Group, prosecuting income-tax and VAT frauds, and is accustomed to cases involving confiscation proceedings. She has also been instructed by the Department for Business, Innovation and Skills in relation to frauds by company directors and offences concerning individual voluntary arrangements (IVAs). She regularly acts on behalf of the DWP to prosecute benefit fraud offences, and appears on behalf of the Child Support Agency.

Anna spent 3 months working in-house at the Environment Agency Prosecution, reviewing files, assessing evidence and advising upon whether to prosecute individuals and companies for environmental offences. She was also required to prosecute cases on behalf of the Environment Agency in both the Magistrates’ and Crown Courts.

Anna has also represented defendants accused of a variety of driving offences, including those involving fatalities.

Anna is regularly instructed to represent prisoners convicted of murder, rape and other serious offences at parole-board hearings across the country.

2004University of Sheffield, LLB (Hons) 2.1

2007University of Northumbria, BVC (Very Competent)