Ben Collins QC

Year of call 1996 Silk 2016

CClerk

William Meade
020 7269 0360 Email William

Ben has directory recognition as a leading silk in no fewer than five fields of practice: employment, professional discipline, clinical negligence, personal injury and administrative and public law.

Chambers & Partners says that Ben "impresses clients with his steely approach" and is "superbly efficient, thorough and practical." "He also inspires confidence when it comes to sensitive cases." Ben has a wide-ranging practice in both private and public law, with particular expertise in employment, healh care and disciplinary work.

Ben has been consistently recognised by the directories for many years as a leading practitioner in employment law. His other primary areas of practice are Public Law and Human Rights, Professional Regulation, Medical Law and Clinical Negligence, Personal Injury, Inquests, Sports Disputes and Professional Negligence.

Ben has huge experience in employment and discrimination claims, with particular expertise in disability discrimination and other health-related issues (including mixed employment, regulatory, discrimination and personal injury claims). He has considerable experience of high profile and high-value whistleblowing claims; and of public sector work in general. He appears very regularly in disputes involving doctors.

His disciplinary practice involves representing practitioners and professional bodies in professional conduct proceedings before regulatory bodies such as the GMC, GDC and ARB, as well as in judicial review challenges in the Administrative Court. He has appeared in university and police disciplinary proceedings. He has advised professional regulatory bodies on their human rights responsibilities. He has experience of major financial services regulatory work, including internationally (he appeared in the first contested hearing before the DIFC FMT in Dubai).

He is regularly instructed by both claimants and defendants in complex and high-value clinical negligence and personal injury claims. He has enormous experience in addressing medical issues and an in-depth understanding of the work of clinical professionals.

Ben must be considered one of the leading experts in the law of criminal injuries compensation at the bar, having appeared in the vast majority of significant recent cases, including CP (CA, fetal alcohol syndrome), Jones (SC, crime of violence), Y (CA, status of unborn child) and JT (CA, same roof rule). He is Consulting Editor to Miers on Criminal Injuries Compensation (OUP).

His public law practice involves review of decisions in the fields of equality, medical law, professional regulation, mental health, coroners, prisons and immigration. He advised the Lord Chancellor on changes to the discount rate for personal injury damages, and defended APIL’s judicial review of the rate. His work frequently encompasses human rights, often in the context of equality law and mixed human rights/common law damages claims.

He appears regularly in coroners' inquests, in particular where deaths in hospitals and/or in detention raise Human Rights issues. He also has experience of judicial review of coroners' decisions.

He is regularly instructed to appear in mediations, most often in the fields of employment, discrimination and personal injury law.


Publications

  • Consulting Editor to Miers on Criminal Injuries Compensation (OUP).
  • Contributing Editor to Professional Negligence and Liability (LLP), dealing with clinical practitioners.
  • Ben has contributed articles to JPIL, NLJ, ELA Review, Occupational Medicine, Judicial Review and Legal and Medical. He lectures regularly on a range of topics including employment and discrimination law, clinical negligence, human rights, medical law, professional discipline and civil procedure. He has led sessions at the ELA annual conference.


Appointments

  • Recorder (2018)
  • Queen’s Counsel (2016)
  • Called to the Bar of Northern Ireland (2016)
  • Special Advocate
  • Member, International Paralympic Committee anti-doping appeal panel
  • Attorney-General’s A Panel of Counsel (before taking silk)
  • Former Member, Bar Standards Board Qualifications Committee
  • Bar Pro Bono Unit, Reviewer Member
  • ELA Pro Bono Committee
  • Member of: ELA, ELBA, ARDL, PNBA, PIBA, Justice

 

Ben has appeared in over 40 reported cases – too many to list here. A small selection of significant recent work includes:

  • R (DSD & NBV) v Parole Board and others [2019] QB 285: Judicial Review of the decision to release “black cab rapist” John Worboys
  • JT v FTT [2019] 1 WLR 1313. Lawfulness of the “same roof rule” for historic abuse claims.
  • HXM v MOD (HC, 2019). Liability for and consequences of neonatal stroke.
  • Gilham v SSJ [2018] ICR 827 (Supreme Court 2019). Worker status of Judges
  • Asante v Guy’s and St Thomas NHS Trust [2018] EWHC Civ 2570 (QB): Failure to treat osteomyelitis in patient with sickle cell disease
  • X v DFSA (2018). Financial services regulatory appeal in Dubai International Finance Centre
  • R (Gourlay) v Parole Board [2017] 1 WLR 4107 (on appeal to Supreme Court). Whether Parole Board should be treated as a court for costs purposes. Whether the rule that courts will not ordinarily pay costs in JR proceedings is still good law.
  • McCloud and others v Lord Chancellor (ET, 2016 – one of The Lawyer’s Top 20 Cases of 2016). Age discrimination claims brought by around 200 judges following government reform of the judicial pension scheme

Ben is recognised by both Chambers UK and the Legal 500 as a leading employment law silk. He has huge experience of a range of employment law claims. He represents large commercial and industrial respondents; public authorities (in particular central and local government); health service bodies and practitioners; higher education institutions; and claimants with high-value or complex claims.
 
Ben practises across the range of employment cases.
 
He is frequently instructed in complex and high-value discrimination claims and has particular expertise in cases concerning disability and health issues. His human rights practice gives him a broad understanding of equality issues both within and beyond the employment sphere. He is often asked to advise public bodies on their equality obligations (flowing from the public sector equality duty, ECHR and discrimination legislation), as well as dealing with allegations of systematic and individual discrimination brought against them. He is experienced in claims relating to service provision discrimination.
 
Ben also appears regularly in claims concerning whistleblowing, TUPE, restraint of trade and all kinds of dismissals. He has wide experience of cases concerning the international jurisdiction of the employment tribunal.
 
Ben has an in-depth understanding of the workings of the health service and clinical professionals. He represents practitioners and trusts in internal disciplinary proceedings, High Court disputes and tribunal claims. His experience in professional regulation (in particular of the clinical professions), public law and clinical negligence contribute to his ability to represent parties to health-sector disputes with real effectiveness; not least given his long experience of working with medical experts.
 
Ben also has considerable expertise in the operation of the Working Time Directive (in particular in relation to holiday pay). In the aftermath of the decisions of the European and UK Courts in Stringer and Pereda he was instructed by the Department of Work and Pensions both to advise on policy and to represent the Department in a series of claims brought by employees (all of which were successfully defended). Ben has written and lectured on the subject, and led one of the main sessions at the 2011 ELA Conference.
 
Prior to taking silk, Ben was a member of the Attorney-General’a A panel of Counsel (and was a panellist in total for 13 years). He has appeared in some of the most significant and high-profile litigation brought against the government. He is instructed in particular by the Ministries of Defence and Justice, Prison Service, Parole Board, CICA, and the Department of Health; but he is also instructed to represent departments such as BEIS. He has advised on equality issues in relation to the new Criminal Injuries Compensation Scheme 2012, the setting of the Discount Rate, Free Schools and the operation of public sector cuts.
 
Ben is a Special Advocate and has developed vetting security clearance. He appears in employment and related disputes where national security is in issue, recent examples relating to terrorism concerns in relation to immigration and police staff, and the use of firearms in the protection of the nuclear stockpile.
 
Ben also has experience of representing professional footballers and managers in disputes with their present or former employers. He also has experience of claims involving rugby clubs.
 
Ben is experienced in representing parties at mediations.
 
Finally, Ben's experience of high-value personal injury and clinical negligence claims affords him particular expertise in dealing with complex issues on remedy, not least where psychiatric injury is alleged; or where long-term claims for loss of earnings arise. Ben has advised the Lord Chancellor on the current review of the discount rate and is skilled in dealing with large claims for future losses.
 
Ben is a member of ELA, ELBA and ILS, as well as Justice and Liberty.

Discrimination
  • F&G v Met Police (ET, 2018): Special advocate for police officers denied security clearance on grounds of nationality.
  • Wasteney v E London NHS Foundation Trust [2016] ICR 643. Leading case on direct religious discrimination in the workplace.
  • Quigley v CICA (2015-6). Discrimination and human rights challenge by victim of acid attack to rules on criminal convictions in Criminal Injuries Compensation Scheme 2012.
  • Child Soldiers International v Secretary of State for Defence [2016] 1 W.L.R. 1062. Age discrimination challenge to Army recruitment rules.
  • McCloud v Lord Chancellor (ET, 2016 – one of The Lawyer’s Top 20 Cases of 2016). Age discrimination claims brought by around 200 judges following government reform of the judicial pension scheme.
  • Holloway v MOD [2015] UKEAT/0396/14. Territorial jurisdiction of tribunal in case arising from employment in British Overseas Territory.
  • Deangate v Hatley [2015] ICR 890. Employment tribunal fee remission regime for claims filed online.
  • brought by around 200 judges following government reform of the judicial pension scheme.
  • Tozer v Barts NHS Trust (ET, 2015). Sex discrimination claim by high-profile fertility consultant suspected of dishonesty.
  • Storey v GCHQ [2015] UKEAT/0269/14. Special advocate in disability and religious discrimination claim arising out of security vetting.
  • Saad v Health Education England [2014] UKEAT. Whether the UK approach to disability discrimination accords with EU law post-Ring.
  • Tudor v Civil Nuclear constabulary (ET, 2014). Age discrimination group litigation by armed officers guarding the civil nuclear stockpile.
  • Sheldon v. CQC (ET, 2013). Whistleblowing and disability discrimination claim by CQC Board member following Francis Inquiry.
  • Rogers v. Deputy Commander [2013] All ER (D) 308 (Mar). International jurisdiction dispute in race discrimination claim, raising question of UK treaty obligations.
  • Perrott v. DWP [2012] EqLR 90. Successfully represented Respondent in associative disability discrimination claim in context of holiday pay.
  • Radford v. Teeside University [2012] UKEAT. Review of dismissal of sexual orientation discrimination claim caused by dishonest representative.
  • Saunders v. MOD (ET, 2012). High value sex discrimination claim brought by RAF officer threatened with redundancy.
  • Clarke v. Hammonds, Pinsent Masons and Dickinson Dees (2010). Representing international firm of solicitors in race victimisation claim brought by former associate solicitor.
  • Osuchukwu and others v. ACAS (2007). Race discrimination claims arising out of implementation of Lyons Review (need to move civil service jobs out of London).
  • Barnes v. Met Commissioner and IPCC [2005] UKEAT 0474/05. Race discrimination claim brought by dismissed white Detective Chief Inspector drawing comparison with treatment of Superintendent Ali Dizaei.
  • Bunning v. GT Bunning & Sons Ltd [2005] EWCA (Civ) 983. Application of Management of Health and Safety at Work Regulations 1999 in pregnancy - Represented employer in sex discrimination claim brought by employee who miscarried.
  • A range of high value race discrimination claims brought by service personnel against the MoD.

TUPE
  • Johnstone v. University of Plymouth (EAT, 2012). Successfully represented university in TUPE claim arising out of transfer of clinical training course from one university to another.
  • Thyssenkrupp v. AMIS Ltd (2012). High value claim under TUPE for failure to provide Employee Liability Information.

Working Time
  • Perrott v. DWP [2012] EqLR 90. Successfully represented Respondent in associative disability discrimination claim in context of holiday pay.
  • Post-Stringer Litigation (2009-2010). Advising on policy and representing the Department of Work and Pensions in a series of claims under the Working Time Regulations.

Whistleblowing
  • FCO v Bamieh [2019] EWCA Civ 803. Territorial jurisdiction for whistle blowing claims against co-workers
  • Reuser v UBH (EAT, 2019). Whistle blowing claim brought by surgeon following dismissal by NHS Trust
  • Gilham v SSJ [2018] ICR 827 (Supreme Court 2019). Worker status of Judges
  • Pollard v. CQC (ET, 2014). Whistleblowing claim brought by witness to Mid-Staffordshire Public Inquiry.
  • Tudor and others v. Civil Nuclear Constabulary (ET, 2014). Successful whistleblowing and age discrimination claims brought by CNC officers concerned about their ability safely to carry firearms.
  • Sheldon v. CQC, Pollard v. CQC (ET, 2013). Whistleblowing claims by CQC Board member and inspector following Francis Inquiry.
  • Raja v. Secretary of State for Justice [2010] All ER (D) 134; [2009] UKEAT 0364. Interim relief in whistleblowing claims.
  • Chaurley v. SERCO (2009). Represented Defendant in whistleblowing claim by civilian contractor working with military in Iraq.

Dismissal (and jurisdiction)
  • Holloway and others v. MOD[2015] UKEAT/0396/14. Territorial jurisdiction of tribunal in case arising from employment in British Overseas Territory.
  • Rogers v. Deputy Commander [2013] All ER (D) 308 (Mar). International jurisdiction dispute raising question of UK treaty obligations.
  • Grocott v. MOD (2012). Unfair dismissal and discrimination claim raising questions of international jurisdiction of the employment tribunal.
  • Jones v. Mid-Cheshire Hospitals NHS Trust (2008). Dismissal of hospital consultant for alleged involvement in fraudulent signing of death certificates.
  • David Platt v. Football Association (2005). Represented David Platt in contractual dispute on termination of employment.

Other
  • Kowal v TDL (ET, 2018): Worker status of NHS blood couriers.
  • NUPFC v Certification Officer (2019, EAT). Worker status of foster carers.
  • Betts v SSJ [2017] ICR 1130. Illegality in appointment of civil servants.
  • Khastgir v ABM ULHB [2015] EWHC. Injunction proceedings in disciplinary dispute.
  • Wilson v University Hospital Birmingham NHS Trust [2014] EWHC. Injunction proceedings in disciplinary dispute.
  • R (SDM) v. FTT (2012). Allegations of discrimination arising out of lack compensation claim in the context of an honour killing.
  • Hughes v. DCLG (2008). Public sector pay dispute.
  • Madhewoo v. NHS Direct [2006] UKEAT 0030/06/LA. When an employer "first contemplates dismissing" an employee for the purposes of the 2004 Dispute Resolution Regulations.

Prior to taking silk, Ben was a member of the Attorney-General’a A panel of Counsel (and was a panellist in total for 13 years). He has appeared in some of the most significant and high-profile litigation brought against the government. He is instructed in particular by the Ministries of Defence and Justice, Prison Service, Parole Board,  CICA, and the Department of Health, but is also instructed to represent departments such as BEIS.
 
Ben also appears for individuals and regulatory bodies in judicial reviews of professional regulatory decisions.
 
Because Ben has a strong common law practice alongside his public law work, he has particular expertise in claims where claims for common law damages are made together with claims for public law and/or human rights remedies.
 
Ben has particular expertise in equality issues, by reference to the Public Sector Equality Duty, ECHR and discrimination law. He has advised on equality matters in relation to the new Criminal Injuries Compensation Scheme, the setting of the Discount Rate, Free Schools and the operation of public sector cuts.
 
Ben is a Special Advocate and has developed vetting security clearance. He appears in a range of disputes where national security is in issue, recent examples relating to terrorism concerns in relation to immigration and police staff, inquests into military deaths and the use of firearms in the protection of the nuclear stockpile. He has also been instructed (sometimes at short notice) to seek injunctions to protect national security and individuals.

Criminal Injuries Compensation
  • Jones v FTT [2019] 1 WLR 1391. Re-opening decisions in changed circumstances.
  • JT v FTT [2019] 1 WLR 1313. Lawfulness of the “same roof rule” for historic abuse claims.
  • A v CICA [2018] 1 WLR 5361. Availability of compensation for victims of trafficking with criminal convictions.
  • Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and Y [2017] 4 WLR 60. Whether child born disabled as a result of incestuous rape can claim compensation for injury sustained as a victim of a crime of violence.
  • R (McNiece and others) v CICA [2017] EWHC 2. Whether barring compensation on grounds of previous criminal convictions is ultra vires or in breach of the HRA.
  • R (A&B) v CICA [2017] EWHC 2. Victims of trafficking denied compensation on grounds of previous criminal convictions. Whether 2012 Scheme is in breach of HRA or EU law.
  • R (CICA) v FTT and MB [2016] EWHC 2745 (Admin); [2016] A.C.D. 136. Reviving compensation claim after 19 years.
  • Clifford v FTT [2016] EWCA Civ 1329. Proper approach to rules on compensation for minor multiple injuries.
  • Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) (CP) [2014] EWCA Civ 1554; [2015] 2 W.L.R. 463. Whether women who harm their unborn children by drinking to excess are criminally liable.
  • Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) (TS) [2014] EWCA Civ 65; [2014] P.I.Q.R. P10. Whether offence under Dangerous Dogs Act is crime of violence.
  • R. (Colefax) v First Tier Tribunal (Social Entitlement Chamber) [2014] EWCA Civ 945; [2015] 1 W.L.R. 35. Right to claim compensation where two injuries sustained, one latent and one patent.
  • RS v. CICA [2013] EWCA Civ 1040; [2014] 1 W.L.R. 1313. Limitations on secondary victims and meaning of “immediate aftermath”.
  • Jones v. FTT [2013] UKSC 19; [2013] 2 AC 48. Meaning of "crime of violence" for the purposes of the Criminal Injuries Compensation Scheme.
  • R (CICA) v. FTT [2013] UKUT. Whether foetal alcohol spectrum disorder is a crime of violence under the scheme.
  • SDM v. CICA (Upper Tribunal, 2012). Defending Criminal Injuries Compensation Scheme from challenge to its compatibility with ECHR in the context of honour killings.
  • MM v. FTT [2013] UKUT 402. Delay and practicability.
  • MK v. FTT [2013] UKUT 354. Considering honesty in the context of social security claims.
  • R (Levenes) v. CICA [2012] EWHC. Challenge to CICA payments policy.
  • SC v. FTT [2012] UKUT 383. When time starts to run in the case of two injuries, one of which is initially undetected.
  • Rust-Andrews v. FTT [2011] EWCA Civ 1148; [2012] PIQR P7. How to value loss of chance in criminal injuries cases.

Prisons and Parole
  • R (DSD & NBV) v Parole Board and others [2019] QB 285: Judicial Review of the decision to release “black cab rapist” John Worboys
  • R (Gourlay) v Parole Board [2017] 1 WLR 4107 (on appeal to Supreme Court). Whether Parole Board should be treated as a court for costs purposes. Whether the rule that courts will not ordinarily pay costs in JR proceedings is still good law.
  • R (Hussain) v Parole Board [2016] 1 WLR 4996. Challenge to Parole Board’s backlog of hearings.
  • R (Haney) v. SSJ [2013] EWHC 803 Admin; [2013] ACD 78. Challenge to failure to transfer prisoners to open prisons.
  • R (McGetrick) v. Parole Board [2013] 1 WLR 2064. Interlocutory powers of Parole Board.
  • R (Hindawi) v. Parole Board [2012] EWHC 3894 (Admin). Challenge to refusal of parole to convicted terrorist (attempted plane bomber) deportee.
  • R (Bourgass) v. SSJ [2012] EWHC. Judicial review of decision to keep convicted terrorist (who murdered police officer subsequent to the 'ricin plot') in maximum security conditions.
  • R (YG) v. SSHD [2008] EWHC 1735 (Admin). Release of foreign national (stateless) prisoner.
  • R(A) v. Huntercombe Young Offenders Institute and Another [2006] EWHC 2544 (Admin). Dispute as to the proper interpretation of sentencing provisions for young offenders.

Health
  • R (Brennan) v SLAM NHS Trust and others (CA, 2016). Article 2 challenge to the lack of a system of mandatory independent investigations for deaths in hospitals (challenging Antoniou v Central and North West London NHS Foundation Trust [2015] 1 WLR 459).
  • R (AG) v. NHS Redbridge [2012] UKHC. Complex social care dispute involving partnership between local authority and PCT.
  • R (Care Principles Ltd) v. Mental Health Review Tribunal and others [2006] EWHC 3194 (Admin); (2007) BMLR 145. JR proceedings for emergency stay to detain mental health patient in hospital.
  • Stone v. South East Coast Strategic Health Authority and Others [2006] EWHC 1668 (Admin); (2007) UKHRR 137 Successfully resisted convicted murderer Michael Stone's attempt to restrain publication of inquiry report.

Immigration
  • SSHD v Christy [2019] 1 WLR 2017. Work permit rights for non-EU nationals.
  • R (Detention Action) v Lord Chancellor [2015] EWHC (Admin). Whether fast track appeal system is lawful.
  • Oboh v SSHD [2014] 1 W.L.R. 1680; [2014] Imm. A.R. 521. Right of relatives of EU nationals to reside in UK
  • R (AB) v SSHD [2013] EWHC 3453 (Admin); [2014] 2 C.M.L.R. 22. Alleged corruption by state officials in torture claim.
  • Aladeselu v. SSHD [2013] EWCA Civ 144. Rights of extended family members to consideration for residence permits.
  • AA (Nigeria) v. Secretary of State for the Home Department [2010] EWCA Civ 773; [2011] 1 WLR 564. Meaning of "false representations" in Immigration Rules.
  • GM (Eritrea) v. SSHD (and conjoined appeals) [2008] EWCA (Civ) 833. Guidance on the application of the burden of proof to asylum claimants from Eritrea.
  • AS (Pakistan) v. SSHD [2008] EWCA Civ 1118. Return of foreign national prisoner with British wife and child.
  • HC (Jamaica) v. SSHD [2008] EWCA Civ 37. Immigration and family life.
  • SF (Iran) v. SSHD [2007] EWCA Civ 227 Advising and representing Secretary of State in appeal to Court of Appeal on return of asylum seeker to Iran


Tax

  • Earthshine [2014] UKUT 271 (TCC); [2014] B.V.C. 522; [2014] S.T.I. 2290. Proper approach to considering allegations of MTIC fraud.
  • R (oao Glenn & Co (Essex) Ltd) v. HMRC [2010] EWHC 1469 (Admin); [2010] 4 All ER 998. Meaning of "document" in a range of statutory contexts.
  • Carousel (MTIC) fraud (2006-2010) Advising on and coordinating HM Revenue and Customs' response to some 900 appeals and associated judicial reviews arising out of suspected carousel fraud; and appearing before tribunal as lead counsel.
  • CRC v. Church of Scientology Religious Education College Inc [2007] EWHC 1329 (Ch) Representing Commissioners for Revenue and Customs in multi-million pound appeal from VAT and Duties Tribunal

Other
  • R (IWGB) v Mayor of London (Admin Court, 2019). Whether removal of congestion charge exemption for minicab drivers is discriminatory.
  • Child Soldiers International v MOD [2015] EWHC 2183 (Admin); [2016] 1 W.L.R. 1062. Age discrimination challenge to Army recruitment rules.
  • Woodman-Smith v Architects Registration Board [2014] EWHC 3639 (Admin). Sanctions regime for architects.
  • Al Jedda v SSHD [2014] AC 253. Special advocate in SIAC proceedings following decision of Supreme Court. Home Secretary seeking to deprive appellant of citizenship.
  • Dowland v. Architect’s Registration [2013] EWHC 893 (Admin); [2013] B.P.I.R. 566; (2013) 163(7558) NLJ 16. Power of ARB to deny re-entry on the register.
  • R (APIL) v. Lord Chancellor (2012). Challenge to Discount Rate.
  • Bonomo & Villemont v. MOJ (2010). Acting for Defendant in human rights damages claim brought by families of French students murdered in New Cross.
  • Northern Foods plc v. DEFRA (2005) Represented DEFRA in Court of Appeal in litigation over whether "Melton Mowbray Pork Pie" should have Protected Geographical Indication status.
  • R (Touche) v. HM Coroner for Inner North London [2001] QB 1206 Proper approach to consideration of what is an unnatural death in the context of death in childbirth due to clinical negligence in a private hospital - represented coroner.

Ben has directory recognition as a leading silk in this field. He has worked on cases concerning the healthcare sector throughout his career (as well as professional discipline, he works in the related fields of clinical negligence and medical employment disputes). He has huge knowledge of the work of clinical professionals and healthcare providers, having appeared in cases involving doctors, dentists, nurses, opticians, paramedics and other healthcare professions.
 
He is also instructed to deal with disciplinary disputes in non-health contexts, for example in relation to the regulation of architects, actuaries, athletes, financial services, the police and universities.
 
He appears at internal disciplinary proceedings; hearings before regulatory bodies such as the MPTS, GDC and NMC; hearings in the FTT; and High Court challenges to the decisions of employers and regulators. He is one of the few UK practitioners to have appeared in the Financial Markets Tribunal of the DIFC (Dubai).
 
Notable Cases
  • BW v APM (2018): Successful defence of public law challenge to operation of regulator
  • RT v IFA (2018): Successful defence of claim alleging flaws in regulatory examination process
  • X v DFSA (2018). Financial services regulatory appeal in Dubai International Finance Centre
  • R (Mandic-Bozic) v British Association for Counselling and Psychotherapy (2017) 154 BMLR 159. Advising regulatory body on proper approach to disciplinary case brought by two different regulators.
  • IPC v Pereira (2016). Paralympic anti-doping appeal.
  • Khastgir v ABM ULHB [2015] EWHC. Injunction proceedings in disciplinary dispute.
  • Woodman-Smith v Architects Registration Board [2014] EWHC 3639 (Admin). Sanctions regime for architects.
  • Wilson v University Hospital Birmingham NHS Trust [2014] EWHC. Injunction proceedings in disciplinary dispute.
  • Dowland v. Architect's Registration [2013] EWHC 893 (Admin); [2013] B.P.I.R. 566; (2013) 163(7558) NLJ 16. Power of ARB to deny re-entry on the register.
  • GMC v. Dr. H (2012). No order in case involving allegations of unlawful abortions.
  • GMC v. Bonhoeffer [2011] EWHC 2353 (Admin). Successful appeal against interim suspension.
  • GMC v. Dr. B (2011). No order in case of GP admitting working locum shifts while off sick from primary employment.
  • GMC v. Dr P (2010). Anaesthetist restored to practice after dismissal for theft of hospital medication in context of drug addiction.
  • GMC v. Dr. G (2010-11). Represented doctor in long-running dispute over safe management of bipolar disorder.
  • Mouton v. GMC (2010) GMC and High Court. Represented doctor in successful bias challenge.
  • Maalo v. GMC (2004). Preserved registration of surgeon convicted of fraud with custodial sentence.

 


Ben has directory recognition as a leading clinical negligence silk and leads the clinical negligence team at Old Square Chambers. He has worked on cases concerning the healthcare sector throughout his career and has huge knowledge of the work of clinical professionals and healthcare providers. Having earlier in his career practised for over 15 years at 1 Crown Office Row, clinical negligence has always been an important part of his work. He has appeared for both claimants and defendants in the widest range of claims, including appearing as lead counsel in many claims relating to catastrophic injuries.

He has particular experience of claims involving: cerebral palsy; and other obstetric and neonatal injuries; catastrophic brain injury; neurosurgery (including spinal surgery, cauda equina and the treatment of Chiari malformation); bariatric surgery and malnutrition; GP failures, including delayed diagnosis of meningitis; orthopaedic, vascular and cardiothoracic surgery; and gynaecology. The list is far from exhaustive - over the course of his career, Ben has worked on cases concerning a vast range of aspects of clinical care.

Ben is experienced in and knowledgeable about the particular demands of military claims, appearing both for service personnel and MOD.

Ben regularly represents clinicians, healthcare providers and families at inquests where questions of clinical care are in issue. His human rights practice is particularly valuable in this context, particular if detention (either under mental health law or in prison) is in issue.

Ben was instructed by the Trust in the Alder Hey Inquiry into the retention of organs. He is currently instructed in a number of claims arising out of the Infected Blood Inquiry.

Ben is member of the PNBA. He is a Contributing Editor to Professional Negligence and Liability, dealing with the liability of clinical professionals. He chaired the 2017 and 2019 AvMA Cerebral Palsy and Brain Injury Conferences.

Notable Cases

  • Douse v Western Sussex NHS Trust [2019] EWHC 2294 (QB). Success at liability trial for claimant in contested cerebral palsy claim.
  • Eaglesham v MOD (2019). High-profile claim arising from Q fever chronic fatigue syndrome
  • M v GOSH (2018). Wrongful birth claim, very high value
  • HXM v MOD (HC, 2019). Liability for and consequences of neonatal stroke.
  • HD v CW (HC, 2018). Negligent bariatric surgery and malnutrition in patient with multiple sclerosis
  • Asante v Guy’s and St Thomas NHS Trust [2018] EWHC Civ 2570 (QB): Failure to treat osteomyelitis in patient with sickle cell disease
  • Larner v Royal Brompton and Harefield NHS Trust [2017] EWHC. Very high value claim arising from allegations of medical and surgical mismanagement of cardiological complications of Kawasaki disease.
  • Barlow v MOD (HC, 2016). Complex claim considering whether claimant suffers from cerebral palsy or dyspraxia.
  • Morrison v MOD (HC, 2016). Very high value of claim arising from neonatal stroke following misdiagnosis of heart condition.
  • Adicott v Heart of England NHS Trust (HC, 2015). Successful claim for DDH in claim brought over 35 years out of time.
  • Hill v North Bristol NHS Trust (HC, 2015). Failure to diagnose breast cancer; formed part of major inquiry.
  • Scott v Frimley Park Hospital NHS Trust and others [2015] EWHC. High value military claim arising from long-term management of compartment.
  • AE v. ULH NHS Trust (2013). Cerebral palsy claim settled for over £10 million.
  • Scott v. MOD and others (2013). High value military claim arising from diagnosis and treatment of compartment syndrome.
  • Bowden v. Homerton University Hospital NHS Foundation Trust [2012] EWCA Civ 1548. Successful appeal for claimant against interlocutory decision in relation to claim for negligence leading to liver transplant.
  • PW v. N NHS Trust (High Court, 2012-13). Defending claim in respect of misdiagnosis of leukaemia leading to bone marrow transplant, graft v host disease and avascular necrosis.
  • Grisko v. Newham PCT (High Court, 2012). High value settlement achieved for claimant who lost a foot due to negligent management of a diabetic foot.
  • CG v. N NHS Trust (High Court, 2012). Defending cerebral palsy claim.
  • Cassidy v. Homerton University Hospitals NHS Trust (High Court, 2012). Substantial compensation for alleged negligent joint replacement in young woman with arthritis.
  • ER v. G PCT and others (High Court, 2011). High value claim relating to delayed diagnosis of meningitis.
  • Inquest into the death of Onyi Chando (2009). Represented family in inquest into death of infant under constant watch in hospital.
  • Inquest into the death of Joanne Lockham (2009). Represented anaesthetist at high-profile inquest into death in childbirth due to failed intubation.
  • Inquest into the death of Tommy Payne (2008). Represented Police Forensic Medical Examiner in inquest into death of Police Officer who committed suicide after being charged with corruption offences.
  • Royal Liverpool Children's Inquiry (2000) Instructed by Trust for inquiry.
  • Re N [1999] EWCA Civ 1452; (1999) Lloyd’s Rep Med 257. Duty of care owed by Police Forensic Medical Examiner to rape victim.

Ben is recognised as a leading personal injury silk and has long experience of dealing with personal injury claims. He appears as leading counsel in claims arising out of some of the most serious injuries, including when brain injury (both subtle and severe) is in issue.
 
Ben's extensive experience of clinical negligence claims (see separate entry) and his intimate knowledge of the healthcare sector provide him with great expertise in dealing with contested quantum issues. He has vast experience of working with medical experts and a detailed understanding of the interrelationship of medical expertise, care and occupational assistance and rehabilitation.
 
Ben has expertise in both employment and discrimination law and accordingly has notable expertise in dealing with mixed employment and personal injury cases arising out of stress, harassment and/or discrimination in the workplace.
 
Ben is experienced in and knowledgeable about the particular demands of military claims, appearing both for service personnel and MOD.
 
Ben has experience of large-scale mediation; and of group actions, having been instructed by the MOD in the Kenyan Training Area claims group litigation and a range of claims arising out of the development of Q fever among service personnel in Afghanistan. He is currently instructed in a number of claims arising out of the Infected Blood Inquiry.
 
Ben must be considered the leading expert in the law of criminal injuries compensation at the bar, having appeared in almost every significant recent case, including CP (CA, fetal alcohol syndrome), Jones (SC, crime of violence), Y (CA, status of unborn child), TS, RS, Colefax, Rust-Andrews (CA) and SB (UT).
 
Ben is a member of PIBA and has written for JPIL.

Personal Injury
 
  • Momonakaya v MOD (HC, 2018): Claim for psychiatric injury brought by Fijian soldier alleging racist bullying.
  • CF v X Football Club (2018): Claimant by professional footballer against Championship club alleging negligent management of injury.
  • Bass v MOD (2019). Test case arising out of development of Q Fever among service personnel in Afghanistan.
  • Douglas v UK Athletics (2016). Claim by international triple jumper in respect of training accident overseas.
  • Scott v Frimley Park Hospital NHS Trust and others [2015] EWHC. High value military claim arising from long-term management of compartment syndrome.
  • Douglas v. O'Neill (High Court, 2012). Achieved damages of over £1 million for severely injured musician.
  • Inquest into the death of Joshua Woodhouse (2012). Fall from height - naval officer on board ship.
  • Richardson v. Stagecoach Holdings plc (2011). Substantial damages obtained for Claimant who sustained brain injury in road accident.
  • Q v. Northants County Council (2011). Successful claim for damages for historic injuries sustained while in care.
  • McKinley v. Whitehead (ongoing). Acting for Claimant who sustained devastating injuries in road accident.
  • Bonomo & Villemont v. Ministry of Justice (2010). Acting for Defendant in common law and human rights damages claim brought by families of French students murdered in New Cross.
  • MR v. Ministry of Justice (2009). Represented Defendant (as lead counsel) in largest ever personal injury claim against MoJ.
  • Reynolds v. South West Yorkshire Mental Health NHS Trust (2006) Advising trust in human rights fatal accident claim (arising out of suicide of mental health patient).
  • Wall v. MoD (2006) Claim alleging development of cancer as a result of exposure to depleted uranium.
  • Kenyan Training Area Group Litigation - Group litigation brought by over 1,000 Kenyan Maasai claiming to have been injured by unexploded ordnance left by the British Army. Representing MoD at 2 mediation hearings.
 
CICA
  • Jones v FTT [2019] 1 WLR 1391. Re-opening decisions in changed circumstances.
  • JT v FTT [2019] 1 WLR 1313. Lawfulness of the “same roof rule” for historic abuse claims.
  • A v CICA [2018] 1 WLR 5361. Availability of compensation for victims of trafficking with criminal convictions.
  • Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and Y [2017] 4 WLR 60. Whether child born disabled as a result of incestuous rape can claim compensation for injury sustained as a victim of a crime of violence.
  • R (McNiece and others) v CICA [2017] EWHC 2. Whether barring compensation on grounds of previous criminal convictions is ultra vires or in breach of the HRA.
  • R (A&B) v CICA [2017] EWHC 2. Victims of trafficking denied compensation on grounds of previous criminal convictions. Whether 2012 Scheme is in breach of HRA or EU law.
  • R (CICA) v FTT and MB [2016] EWHC 2745 (Admin); [2016] A.C.D. 136. Reviving compensation claim after 19 years.
  • Clifford v FTT [2016] EWCA Civ 1329. Proper approach to rules on compensation for minor multiple injuries.
  • Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) (CP) [2014] EWCA Civ 1554; [2015] 2 W.L.R. 463. Whether women who harm their unborn children by drinking to excess are criminally liable.
  • Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) (TS) [2014] EWCA Civ 65; [2014] P.I.Q.R. P10. Whether offence under Dangerous Dogs Act is crime of violence.
  • R. (Colefax) v First Tier Tribunal (Social Entitlement Chamber) [2014] EWCA Civ 945; [2015] 1 W.L.R. 35. Right to claim compensation where two injuries sustained, one latent and one patent.
  • RS v. CICA [2013] EWCA Civ 1040; [2014] 1 W.L.R. 1313. Limitations on secondary victims and meaning of “immediate aftermath”.
  • Jones v. FTT [2013] UKSC 19; [2013] 2 AC 48. Meaning of "crime of violence" for the purposes of the Criminal Injuries Compensation Scheme.
  • R (CICA) v. FTT [2013] UKUT. Whether foetal alcohol spectrum disorder is a crime of violence under the scheme.
  • SDM v. CICA (Upper Tribunal, 2012). Defending Criminal Injuries Compensation Scheme from challenge to its compatibility with ECHR in the context of honour killings.
  • MM v. FTT [2013] UKUT 402. Delay and practicability.
  • MK v. FTT [2013] UKUT 354. Considering honesty in the context of social security claims.
  • R (Levenes) v. CICA [2012] EWHC. Challenge to CICA payments policy.
  • SC v. FTT [2012] UKUT 383. When time starts to run in the case of two injuries, one of which is initially undetected.
  • Rust-Andrews v. FTT [2011] EWCA Civ 1148; [2012] PIQR P7. How to value loss of chance in criminal injuries cases.

Ben has appeared in complex and high profile litigation involving sportsmen for many years.

He has experience of sitting as an appeal panel member in International Paralympic Committee anti-doping appeals.

Ben appears in employment disputes involving sports professionals. He has represented a former England U-21 football manager in a post-termination contractual dispute with the FA.

He has experience of representing professional footballers in claims for personal injury and clinical negligence damages. These high-value claims draw on Ben's strong PI and clinical negligence practice, together with an understanding of the professional career development and wage structure of elite sports professionals. Ben also deals with a range of claims arising from elite sport, including claims involving rugby players and international athletes.

In his spare time, Ben is an RFU accredited rugby coach and a season ticket holder at Brighton & Hove Albion.


Ben regularly represents clinicians, healthcare providers and families at inquests where questions of clinical care are in issue. His human rights practice is particularly valuable in this context, particular if detention (either under mental health law or in prison) is in issue.

He also has substantial expertise in judicial review of coroners and coronial law, as well as in claims made under Article 2 ECHR.

Ben is currently instructed in a number of claims arising out of the Infected Blood Inquiry, having been instructed earlier in his career in the Alder Hey Public Inquiry.


Ben has practised in the fields of employment and disciplinary law for the last 20 years. He has represented both management and employees in a range of disciplinary and appeal hearings, and has advised managers, HR practitioners and Boards as to the handling of employment and disciplinary issues. Ben has particular expertise in the public and health care sectors, but has worked with major private sector employers and regulators throughout his career. His practice has taken him from the Employment Tribunal to the Supreme Court, with a range of courts and tribunals along the way. He has been recognised by the legal directories in four different areas of practice.

Before taking silk, Ben was a member of the Attorney-General’s A Panel of Counsel. He is a Special Advocate and has extensive experience in dealing with issues of the greatest sensitivity. He sits as a panellist hearing anti-doping appeals for the International Paralympic Committee, and as a Recorder, hearing criminal cases in the Crown Court.

pAwards

2019 C&P individual 2019 Legal 500 individual C&P 2018 Leading Barrister Legal 500 2017 Leading Individual 2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister Chambers & Partners 2015 Barrister L500 2015 leading individual Ranked in Chambers & Partners 2014 Legal 500 Top Ranked Barrister 2014

Ben has directory recognition as a leading silk in no fewer than five fields of practice: employment, professional discipline, clinical negligence, personal injury and administrative and public law.

Chambers & Partners says that Ben "impresses clients with his steely approach" and is "superbly efficient, thorough and practical." "He also inspires confidence when it comes to sensitive cases." Ben has a wide-ranging practice in both private and public law, with particular expertise in employment, healh care and disciplinary work.

Ben has been consistently recognised by the directories for many years as a leading practitioner in employment law. His other primary areas of practice are Public Law and Human Rights, Professional Regulation, Medical Law and Clinical Negligence, Personal Injury, Inquests, Sports Disputes and Professional Negligence.

Ben has huge experience in employment and discrimination claims, with particular expertise in disability discrimination and other health-related issues (including mixed employment, regulatory, discrimination and personal injury claims). He has considerable experience of high profile and high-value whistleblowing claims; and of public sector work in general. He appears very regularly in disputes involving doctors.

His disciplinary practice involves representing practitioners and professional bodies in professional conduct proceedings before regulatory bodies such as the GMC, GDC and ARB, as well as in judicial review challenges in the Administrative Court. He has appeared in university and police disciplinary proceedings. He has advised professional regulatory bodies on their human rights responsibilities. He has experience of major financial services regulatory work, including internationally (he appeared in the first contested hearing before the DIFC FMT in Dubai).

He is regularly instructed by both claimants and defendants in complex and high-value clinical negligence and personal injury claims. He has enormous experience in addressing medical issues and an in-depth understanding of the work of clinical professionals.

Ben must be considered one of the leading experts in the law of criminal injuries compensation at the bar, having appeared in the vast majority of significant recent cases, including CP (CA, fetal alcohol syndrome), Jones (SC, crime of violence), Y (CA, status of unborn child) and JT (CA, same roof rule). He is Consulting Editor to Miers on Criminal Injuries Compensation (OUP).

His public law practice involves review of decisions in the fields of equality, medical law, professional regulation, mental health, coroners, prisons and immigration. He advised the Lord Chancellor on changes to the discount rate for personal injury damages, and defended APIL’s judicial review of the rate. His work frequently encompasses human rights, often in the context of equality law and mixed human rights/common law damages claims.

He appears regularly in coroners' inquests, in particular where deaths in hospitals and/or in detention raise Human Rights issues. He also has experience of judicial review of coroners' decisions.

He is regularly instructed to appear in mediations, most often in the fields of employment, discrimination and personal injury law.


Publications

  • Consulting Editor to Miers on Criminal Injuries Compensation (OUP).
  • Contributing Editor to Professional Negligence and Liability (LLP), dealing with clinical practitioners.
  • Ben has contributed articles to JPIL, NLJ, ELA Review, Occupational Medicine, Judicial Review and Legal and Medical. He lectures regularly on a range of topics including employment and discrimination law, clinical negligence, human rights, medical law, professional discipline and civil procedure. He has led sessions at the ELA annual conference.


Appointments

  • Recorder (2018)
  • Queen’s Counsel (2016)
  • Called to the Bar of Northern Ireland (2016)
  • Special Advocate
  • Member, International Paralympic Committee anti-doping appeal panel
  • Attorney-General’s A Panel of Counsel (before taking silk)
  • Former Member, Bar Standards Board Qualifications Committee
  • Bar Pro Bono Unit, Reviewer Member
  • ELA Pro Bono Committee
  • Member of: ELA, ELBA, ARDL, PNBA, PIBA, Justice

 

Ben has appeared in over 40 reported cases – too many to list here. A small selection of significant recent work includes:

  • R (DSD & NBV) v Parole Board and others [2019] QB 285: Judicial Review of the decision to release “black cab rapist” John Worboys
  • JT v FTT [2019] 1 WLR 1313. Lawfulness of the “same roof rule” for historic abuse claims.
  • HXM v MOD (HC, 2019). Liability for and consequences of neonatal stroke.
  • Gilham v SSJ [2018] ICR 827 (Supreme Court 2019). Worker status of Judges
  • Asante v Guy’s and St Thomas NHS Trust [2018] EWHC Civ 2570 (QB): Failure to treat osteomyelitis in patient with sickle cell disease
  • X v DFSA (2018). Financial services regulatory appeal in Dubai International Finance Centre
  • R (Gourlay) v Parole Board [2017] 1 WLR 4107 (on appeal to Supreme Court). Whether Parole Board should be treated as a court for costs purposes. Whether the rule that courts will not ordinarily pay costs in JR proceedings is still good law.
  • McCloud and others v Lord Chancellor (ET, 2016 – one of The Lawyer’s Top 20 Cases of 2016). Age discrimination claims brought by around 200 judges following government reform of the judicial pension scheme

Ben is recognised by both Chambers UK and the Legal 500 as a leading employment law silk. He has huge experience of a range of employment law claims. He represents large commercial and industrial respondents; public authorities (in particular central and local government); health service bodies and practitioners; higher education institutions; and claimants with high-value or complex claims.
 
Ben practises across the range of employment cases.
 
He is frequently instructed in complex and high-value discrimination claims and has particular expertise in cases concerning disability and health issues. His human rights practice gives him a broad understanding of equality issues both within and beyond the employment sphere. He is often asked to advise public bodies on their equality obligations (flowing from the public sector equality duty, ECHR and discrimination legislation), as well as dealing with allegations of systematic and individual discrimination brought against them. He is experienced in claims relating to service provision discrimination.
 
Ben also appears regularly in claims concerning whistleblowing, TUPE, restraint of trade and all kinds of dismissals. He has wide experience of cases concerning the international jurisdiction of the employment tribunal.
 
Ben has an in-depth understanding of the workings of the health service and clinical professionals. He represents practitioners and trusts in internal disciplinary proceedings, High Court disputes and tribunal claims. His experience in professional regulation (in particular of the clinical professions), public law and clinical negligence contribute to his ability to represent parties to health-sector disputes with real effectiveness; not least given his long experience of working with medical experts.
 
Ben also has considerable expertise in the operation of the Working Time Directive (in particular in relation to holiday pay). In the aftermath of the decisions of the European and UK Courts in Stringer and Pereda he was instructed by the Department of Work and Pensions both to advise on policy and to represent the Department in a series of claims brought by employees (all of which were successfully defended). Ben has written and lectured on the subject, and led one of the main sessions at the 2011 ELA Conference.
 
Prior to taking silk, Ben was a member of the Attorney-General’a A panel of Counsel (and was a panellist in total for 13 years). He has appeared in some of the most significant and high-profile litigation brought against the government. He is instructed in particular by the Ministries of Defence and Justice, Prison Service, Parole Board, CICA, and the Department of Health; but he is also instructed to represent departments such as BEIS. He has advised on equality issues in relation to the new Criminal Injuries Compensation Scheme 2012, the setting of the Discount Rate, Free Schools and the operation of public sector cuts.
 
Ben is a Special Advocate and has developed vetting security clearance. He appears in employment and related disputes where national security is in issue, recent examples relating to terrorism concerns in relation to immigration and police staff, and the use of firearms in the protection of the nuclear stockpile.
 
Ben also has experience of representing professional footballers and managers in disputes with their present or former employers. He also has experience of claims involving rugby clubs.
 
Ben is experienced in representing parties at mediations.
 
Finally, Ben's experience of high-value personal injury and clinical negligence claims affords him particular expertise in dealing with complex issues on remedy, not least where psychiatric injury is alleged; or where long-term claims for loss of earnings arise. Ben has advised the Lord Chancellor on the current review of the discount rate and is skilled in dealing with large claims for future losses.
 
Ben is a member of ELA, ELBA and ILS, as well as Justice and Liberty.

Discrimination
  • F&G v Met Police (ET, 2018): Special advocate for police officers denied security clearance on grounds of nationality.
  • Wasteney v E London NHS Foundation Trust [2016] ICR 643. Leading case on direct religious discrimination in the workplace.
  • Quigley v CICA (2015-6). Discrimination and human rights challenge by victim of acid attack to rules on criminal convictions in Criminal Injuries Compensation Scheme 2012.
  • Child Soldiers International v Secretary of State for Defence [2016] 1 W.L.R. 1062. Age discrimination challenge to Army recruitment rules.
  • McCloud v Lord Chancellor (ET, 2016 – one of The Lawyer’s Top 20 Cases of 2016). Age discrimination claims brought by around 200 judges following government reform of the judicial pension scheme.
  • Holloway v MOD [2015] UKEAT/0396/14. Territorial jurisdiction of tribunal in case arising from employment in British Overseas Territory.
  • Deangate v Hatley [2015] ICR 890. Employment tribunal fee remission regime for claims filed online.
  • brought by around 200 judges following government reform of the judicial pension scheme.
  • Tozer v Barts NHS Trust (ET, 2015). Sex discrimination claim by high-profile fertility consultant suspected of dishonesty.
  • Storey v GCHQ [2015] UKEAT/0269/14. Special advocate in disability and religious discrimination claim arising out of security vetting.
  • Saad v Health Education England [2014] UKEAT. Whether the UK approach to disability discrimination accords with EU law post-Ring.
  • Tudor v Civil Nuclear constabulary (ET, 2014). Age discrimination group litigation by armed officers guarding the civil nuclear stockpile.
  • Sheldon v. CQC (ET, 2013). Whistleblowing and disability discrimination claim by CQC Board member following Francis Inquiry.
  • Rogers v. Deputy Commander [2013] All ER (D) 308 (Mar). International jurisdiction dispute in race discrimination claim, raising question of UK treaty obligations.
  • Perrott v. DWP [2012] EqLR 90. Successfully represented Respondent in associative disability discrimination claim in context of holiday pay.
  • Radford v. Teeside University [2012] UKEAT. Review of dismissal of sexual orientation discrimination claim caused by dishonest representative.
  • Saunders v. MOD (ET, 2012). High value sex discrimination claim brought by RAF officer threatened with redundancy.
  • Clarke v. Hammonds, Pinsent Masons and Dickinson Dees (2010). Representing international firm of solicitors in race victimisation claim brought by former associate solicitor.
  • Osuchukwu and others v. ACAS (2007). Race discrimination claims arising out of implementation of Lyons Review (need to move civil service jobs out of London).
  • Barnes v. Met Commissioner and IPCC [2005] UKEAT 0474/05. Race discrimination claim brought by dismissed white Detective Chief Inspector drawing comparison with treatment of Superintendent Ali Dizaei.
  • Bunning v. GT Bunning & Sons Ltd [2005] EWCA (Civ) 983. Application of Management of Health and Safety at Work Regulations 1999 in pregnancy - Represented employer in sex discrimination claim brought by employee who miscarried.
  • A range of high value race discrimination claims brought by service personnel against the MoD.

TUPE
  • Johnstone v. University of Plymouth (EAT, 2012). Successfully represented university in TUPE claim arising out of transfer of clinical training course from one university to another.
  • Thyssenkrupp v. AMIS Ltd (2012). High value claim under TUPE for failure to provide Employee Liability Information.

Working Time
  • Perrott v. DWP [2012] EqLR 90. Successfully represented Respondent in associative disability discrimination claim in context of holiday pay.
  • Post-Stringer Litigation (2009-2010). Advising on policy and representing the Department of Work and Pensions in a series of claims under the Working Time Regulations.

Whistleblowing
  • FCO v Bamieh [2019] EWCA Civ 803. Territorial jurisdiction for whistle blowing claims against co-workers
  • Reuser v UBH (EAT, 2019). Whistle blowing claim brought by surgeon following dismissal by NHS Trust
  • Gilham v SSJ [2018] ICR 827 (Supreme Court 2019). Worker status of Judges
  • Pollard v. CQC (ET, 2014). Whistleblowing claim brought by witness to Mid-Staffordshire Public Inquiry.
  • Tudor and others v. Civil Nuclear Constabulary (ET, 2014). Successful whistleblowing and age discrimination claims brought by CNC officers concerned about their ability safely to carry firearms.
  • Sheldon v. CQC, Pollard v. CQC (ET, 2013). Whistleblowing claims by CQC Board member and inspector following Francis Inquiry.
  • Raja v. Secretary of State for Justice [2010] All ER (D) 134; [2009] UKEAT 0364. Interim relief in whistleblowing claims.
  • Chaurley v. SERCO (2009). Represented Defendant in whistleblowing claim by civilian contractor working with military in Iraq.

Dismissal (and jurisdiction)
  • Holloway and others v. MOD[2015] UKEAT/0396/14. Territorial jurisdiction of tribunal in case arising from employment in British Overseas Territory.
  • Rogers v. Deputy Commander [2013] All ER (D) 308 (Mar). International jurisdiction dispute raising question of UK treaty obligations.
  • Grocott v. MOD (2012). Unfair dismissal and discrimination claim raising questions of international jurisdiction of the employment tribunal.
  • Jones v. Mid-Cheshire Hospitals NHS Trust (2008). Dismissal of hospital consultant for alleged involvement in fraudulent signing of death certificates.
  • David Platt v. Football Association (2005). Represented David Platt in contractual dispute on termination of employment.

Other
  • Kowal v TDL (ET, 2018): Worker status of NHS blood couriers.
  • NUPFC v Certification Officer (2019, EAT). Worker status of foster carers.
  • Betts v SSJ [2017] ICR 1130. Illegality in appointment of civil servants.
  • Khastgir v ABM ULHB [2015] EWHC. Injunction proceedings in disciplinary dispute.
  • Wilson v University Hospital Birmingham NHS Trust [2014] EWHC. Injunction proceedings in disciplinary dispute.
  • R (SDM) v. FTT (2012). Allegations of discrimination arising out of lack compensation claim in the context of an honour killing.
  • Hughes v. DCLG (2008). Public sector pay dispute.
  • Madhewoo v. NHS Direct [2006] UKEAT 0030/06/LA. When an employer "first contemplates dismissing" an employee for the purposes of the 2004 Dispute Resolution Regulations.

Prior to taking silk, Ben was a member of the Attorney-General’a A panel of Counsel (and was a panellist in total for 13 years). He has appeared in some of the most significant and high-profile litigation brought against the government. He is instructed in particular by the Ministries of Defence and Justice, Prison Service, Parole Board,  CICA, and the Department of Health, but is also instructed to represent departments such as BEIS.
 
Ben also appears for individuals and regulatory bodies in judicial reviews of professional regulatory decisions.
 
Because Ben has a strong common law practice alongside his public law work, he has particular expertise in claims where claims for common law damages are made together with claims for public law and/or human rights remedies.
 
Ben has particular expertise in equality issues, by reference to the Public Sector Equality Duty, ECHR and discrimination law. He has advised on equality matters in relation to the new Criminal Injuries Compensation Scheme, the setting of the Discount Rate, Free Schools and the operation of public sector cuts.
 
Ben is a Special Advocate and has developed vetting security clearance. He appears in a range of disputes where national security is in issue, recent examples relating to terrorism concerns in relation to immigration and police staff, inquests into military deaths and the use of firearms in the protection of the nuclear stockpile. He has also been instructed (sometimes at short notice) to seek injunctions to protect national security and individuals.

Criminal Injuries Compensation
  • Jones v FTT [2019] 1 WLR 1391. Re-opening decisions in changed circumstances.
  • JT v FTT [2019] 1 WLR 1313. Lawfulness of the “same roof rule” for historic abuse claims.
  • A v CICA [2018] 1 WLR 5361. Availability of compensation for victims of trafficking with criminal convictions.
  • Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and Y [2017] 4 WLR 60. Whether child born disabled as a result of incestuous rape can claim compensation for injury sustained as a victim of a crime of violence.
  • R (McNiece and others) v CICA [2017] EWHC 2. Whether barring compensation on grounds of previous criminal convictions is ultra vires or in breach of the HRA.
  • R (A&B) v CICA [2017] EWHC 2. Victims of trafficking denied compensation on grounds of previous criminal convictions. Whether 2012 Scheme is in breach of HRA or EU law.
  • R (CICA) v FTT and MB [2016] EWHC 2745 (Admin); [2016] A.C.D. 136. Reviving compensation claim after 19 years.
  • Clifford v FTT [2016] EWCA Civ 1329. Proper approach to rules on compensation for minor multiple injuries.
  • Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) (CP) [2014] EWCA Civ 1554; [2015] 2 W.L.R. 463. Whether women who harm their unborn children by drinking to excess are criminally liable.
  • Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) (TS) [2014] EWCA Civ 65; [2014] P.I.Q.R. P10. Whether offence under Dangerous Dogs Act is crime of violence.
  • R. (Colefax) v First Tier Tribunal (Social Entitlement Chamber) [2014] EWCA Civ 945; [2015] 1 W.L.R. 35. Right to claim compensation where two injuries sustained, one latent and one patent.
  • RS v. CICA [2013] EWCA Civ 1040; [2014] 1 W.L.R. 1313. Limitations on secondary victims and meaning of “immediate aftermath”.
  • Jones v. FTT [2013] UKSC 19; [2013] 2 AC 48. Meaning of "crime of violence" for the purposes of the Criminal Injuries Compensation Scheme.
  • R (CICA) v. FTT [2013] UKUT. Whether foetal alcohol spectrum disorder is a crime of violence under the scheme.
  • SDM v. CICA (Upper Tribunal, 2012). Defending Criminal Injuries Compensation Scheme from challenge to its compatibility with ECHR in the context of honour killings.
  • MM v. FTT [2013] UKUT 402. Delay and practicability.
  • MK v. FTT [2013] UKUT 354. Considering honesty in the context of social security claims.
  • R (Levenes) v. CICA [2012] EWHC. Challenge to CICA payments policy.
  • SC v. FTT [2012] UKUT 383. When time starts to run in the case of two injuries, one of which is initially undetected.
  • Rust-Andrews v. FTT [2011] EWCA Civ 1148; [2012] PIQR P7. How to value loss of chance in criminal injuries cases.

Prisons and Parole
  • R (DSD & NBV) v Parole Board and others [2019] QB 285: Judicial Review of the decision to release “black cab rapist” John Worboys
  • R (Gourlay) v Parole Board [2017] 1 WLR 4107 (on appeal to Supreme Court). Whether Parole Board should be treated as a court for costs purposes. Whether the rule that courts will not ordinarily pay costs in JR proceedings is still good law.
  • R (Hussain) v Parole Board [2016] 1 WLR 4996. Challenge to Parole Board’s backlog of hearings.
  • R (Haney) v. SSJ [2013] EWHC 803 Admin; [2013] ACD 78. Challenge to failure to transfer prisoners to open prisons.
  • R (McGetrick) v. Parole Board [2013] 1 WLR 2064. Interlocutory powers of Parole Board.
  • R (Hindawi) v. Parole Board [2012] EWHC 3894 (Admin). Challenge to refusal of parole to convicted terrorist (attempted plane bomber) deportee.
  • R (Bourgass) v. SSJ [2012] EWHC. Judicial review of decision to keep convicted terrorist (who murdered police officer subsequent to the 'ricin plot') in maximum security conditions.
  • R (YG) v. SSHD [2008] EWHC 1735 (Admin). Release of foreign national (stateless) prisoner.
  • R(A) v. Huntercombe Young Offenders Institute and Another [2006] EWHC 2544 (Admin). Dispute as to the proper interpretation of sentencing provisions for young offenders.

Health
  • R (Brennan) v SLAM NHS Trust and others (CA, 2016). Article 2 challenge to the lack of a system of mandatory independent investigations for deaths in hospitals (challenging Antoniou v Central and North West London NHS Foundation Trust [2015] 1 WLR 459).
  • R (AG) v. NHS Redbridge [2012] UKHC. Complex social care dispute involving partnership between local authority and PCT.
  • R (Care Principles Ltd) v. Mental Health Review Tribunal and others [2006] EWHC 3194 (Admin); (2007) BMLR 145. JR proceedings for emergency stay to detain mental health patient in hospital.
  • Stone v. South East Coast Strategic Health Authority and Others [2006] EWHC 1668 (Admin); (2007) UKHRR 137 Successfully resisted convicted murderer Michael Stone's attempt to restrain publication of inquiry report.

Immigration
  • SSHD v Christy [2019] 1 WLR 2017. Work permit rights for non-EU nationals.
  • R (Detention Action) v Lord Chancellor [2015] EWHC (Admin). Whether fast track appeal system is lawful.
  • Oboh v SSHD [2014] 1 W.L.R. 1680; [2014] Imm. A.R. 521. Right of relatives of EU nationals to reside in UK
  • R (AB) v SSHD [2013] EWHC 3453 (Admin); [2014] 2 C.M.L.R. 22. Alleged corruption by state officials in torture claim.
  • Aladeselu v. SSHD [2013] EWCA Civ 144. Rights of extended family members to consideration for residence permits.
  • AA (Nigeria) v. Secretary of State for the Home Department [2010] EWCA Civ 773; [2011] 1 WLR 564. Meaning of "false representations" in Immigration Rules.
  • GM (Eritrea) v. SSHD (and conjoined appeals) [2008] EWCA (Civ) 833. Guidance on the application of the burden of proof to asylum claimants from Eritrea.
  • AS (Pakistan) v. SSHD [2008] EWCA Civ 1118. Return of foreign national prisoner with British wife and child.
  • HC (Jamaica) v. SSHD [2008] EWCA Civ 37. Immigration and family life.
  • SF (Iran) v. SSHD [2007] EWCA Civ 227 Advising and representing Secretary of State in appeal to Court of Appeal on return of asylum seeker to Iran


Tax

  • Earthshine [2014] UKUT 271 (TCC); [2014] B.V.C. 522; [2014] S.T.I. 2290. Proper approach to considering allegations of MTIC fraud.
  • R (oao Glenn & Co (Essex) Ltd) v. HMRC [2010] EWHC 1469 (Admin); [2010] 4 All ER 998. Meaning of "document" in a range of statutory contexts.
  • Carousel (MTIC) fraud (2006-2010) Advising on and coordinating HM Revenue and Customs' response to some 900 appeals and associated judicial reviews arising out of suspected carousel fraud; and appearing before tribunal as lead counsel.
  • CRC v. Church of Scientology Religious Education College Inc [2007] EWHC 1329 (Ch) Representing Commissioners for Revenue and Customs in multi-million pound appeal from VAT and Duties Tribunal

Other
  • R (IWGB) v Mayor of London (Admin Court, 2019). Whether removal of congestion charge exemption for minicab drivers is discriminatory.
  • Child Soldiers International v MOD [2015] EWHC 2183 (Admin); [2016] 1 W.L.R. 1062. Age discrimination challenge to Army recruitment rules.
  • Woodman-Smith v Architects Registration Board [2014] EWHC 3639 (Admin). Sanctions regime for architects.
  • Al Jedda v SSHD [2014] AC 253. Special advocate in SIAC proceedings following decision of Supreme Court. Home Secretary seeking to deprive appellant of citizenship.
  • Dowland v. Architect’s Registration [2013] EWHC 893 (Admin); [2013] B.P.I.R. 566; (2013) 163(7558) NLJ 16. Power of ARB to deny re-entry on the register.
  • R (APIL) v. Lord Chancellor (2012). Challenge to Discount Rate.
  • Bonomo & Villemont v. MOJ (2010). Acting for Defendant in human rights damages claim brought by families of French students murdered in New Cross.
  • Northern Foods plc v. DEFRA (2005) Represented DEFRA in Court of Appeal in litigation over whether "Melton Mowbray Pork Pie" should have Protected Geographical Indication status.
  • R (Touche) v. HM Coroner for Inner North London [2001] QB 1206 Proper approach to consideration of what is an unnatural death in the context of death in childbirth due to clinical negligence in a private hospital - represented coroner.

Ben has directory recognition as a leading silk in this field. He has worked on cases concerning the healthcare sector throughout his career (as well as professional discipline, he works in the related fields of clinical negligence and medical employment disputes). He has huge knowledge of the work of clinical professionals and healthcare providers, having appeared in cases involving doctors, dentists, nurses, opticians, paramedics and other healthcare professions.
 
He is also instructed to deal with disciplinary disputes in non-health contexts, for example in relation to the regulation of architects, actuaries, athletes, financial services, the police and universities.
 
He appears at internal disciplinary proceedings; hearings before regulatory bodies such as the MPTS, GDC and NMC; hearings in the FTT; and High Court challenges to the decisions of employers and regulators. He is one of the few UK practitioners to have appeared in the Financial Markets Tribunal of the DIFC (Dubai).
 
Notable Cases
  • BW v APM (2018): Successful defence of public law challenge to operation of regulator
  • RT v IFA (2018): Successful defence of claim alleging flaws in regulatory examination process
  • X v DFSA (2018). Financial services regulatory appeal in Dubai International Finance Centre
  • R (Mandic-Bozic) v British Association for Counselling and Psychotherapy (2017) 154 BMLR 159. Advising regulatory body on proper approach to disciplinary case brought by two different regulators.
  • IPC v Pereira (2016). Paralympic anti-doping appeal.
  • Khastgir v ABM ULHB [2015] EWHC. Injunction proceedings in disciplinary dispute.
  • Woodman-Smith v Architects Registration Board [2014] EWHC 3639 (Admin). Sanctions regime for architects.
  • Wilson v University Hospital Birmingham NHS Trust [2014] EWHC. Injunction proceedings in disciplinary dispute.
  • Dowland v. Architect's Registration [2013] EWHC 893 (Admin); [2013] B.P.I.R. 566; (2013) 163(7558) NLJ 16. Power of ARB to deny re-entry on the register.
  • GMC v. Dr. H (2012). No order in case involving allegations of unlawful abortions.
  • GMC v. Bonhoeffer [2011] EWHC 2353 (Admin). Successful appeal against interim suspension.
  • GMC v. Dr. B (2011). No order in case of GP admitting working locum shifts while off sick from primary employment.
  • GMC v. Dr P (2010). Anaesthetist restored to practice after dismissal for theft of hospital medication in context of drug addiction.
  • GMC v. Dr. G (2010-11). Represented doctor in long-running dispute over safe management of bipolar disorder.
  • Mouton v. GMC (2010) GMC and High Court. Represented doctor in successful bias challenge.
  • Maalo v. GMC (2004). Preserved registration of surgeon convicted of fraud with custodial sentence.

 


Ben has directory recognition as a leading clinical negligence silk and leads the clinical negligence team at Old Square Chambers. He has worked on cases concerning the healthcare sector throughout his career and has huge knowledge of the work of clinical professionals and healthcare providers. Having earlier in his career practised for over 15 years at 1 Crown Office Row, clinical negligence has always been an important part of his work. He has appeared for both claimants and defendants in the widest range of claims, including appearing as lead counsel in many claims relating to catastrophic injuries.

He has particular experience of claims involving: cerebral palsy; and other obstetric and neonatal injuries; catastrophic brain injury; neurosurgery (including spinal surgery, cauda equina and the treatment of Chiari malformation); bariatric surgery and malnutrition; GP failures, including delayed diagnosis of meningitis; orthopaedic, vascular and cardiothoracic surgery; and gynaecology. The list is far from exhaustive - over the course of his career, Ben has worked on cases concerning a vast range of aspects of clinical care.

Ben is experienced in and knowledgeable about the particular demands of military claims, appearing both for service personnel and MOD.

Ben regularly represents clinicians, healthcare providers and families at inquests where questions of clinical care are in issue. His human rights practice is particularly valuable in this context, particular if detention (either under mental health law or in prison) is in issue.

Ben was instructed by the Trust in the Alder Hey Inquiry into the retention of organs. He is currently instructed in a number of claims arising out of the Infected Blood Inquiry.

Ben is member of the PNBA. He is a Contributing Editor to Professional Negligence and Liability, dealing with the liability of clinical professionals. He chaired the 2017 and 2019 AvMA Cerebral Palsy and Brain Injury Conferences.

Notable Cases

  • Douse v Western Sussex NHS Trust [2019] EWHC 2294 (QB). Success at liability trial for claimant in contested cerebral palsy claim.
  • Eaglesham v MOD (2019). High-profile claim arising from Q fever chronic fatigue syndrome
  • M v GOSH (2018). Wrongful birth claim, very high value
  • HXM v MOD (HC, 2019). Liability for and consequences of neonatal stroke.
  • HD v CW (HC, 2018). Negligent bariatric surgery and malnutrition in patient with multiple sclerosis
  • Asante v Guy’s and St Thomas NHS Trust [2018] EWHC Civ 2570 (QB): Failure to treat osteomyelitis in patient with sickle cell disease
  • Larner v Royal Brompton and Harefield NHS Trust [2017] EWHC. Very high value claim arising from allegations of medical and surgical mismanagement of cardiological complications of Kawasaki disease.
  • Barlow v MOD (HC, 2016). Complex claim considering whether claimant suffers from cerebral palsy or dyspraxia.
  • Morrison v MOD (HC, 2016). Very high value of claim arising from neonatal stroke following misdiagnosis of heart condition.
  • Adicott v Heart of England NHS Trust (HC, 2015). Successful claim for DDH in claim brought over 35 years out of time.
  • Hill v North Bristol NHS Trust (HC, 2015). Failure to diagnose breast cancer; formed part of major inquiry.
  • Scott v Frimley Park Hospital NHS Trust and others [2015] EWHC. High value military claim arising from long-term management of compartment.
  • AE v. ULH NHS Trust (2013). Cerebral palsy claim settled for over £10 million.
  • Scott v. MOD and others (2013). High value military claim arising from diagnosis and treatment of compartment syndrome.
  • Bowden v. Homerton University Hospital NHS Foundation Trust [2012] EWCA Civ 1548. Successful appeal for claimant against interlocutory decision in relation to claim for negligence leading to liver transplant.
  • PW v. N NHS Trust (High Court, 2012-13). Defending claim in respect of misdiagnosis of leukaemia leading to bone marrow transplant, graft v host disease and avascular necrosis.
  • Grisko v. Newham PCT (High Court, 2012). High value settlement achieved for claimant who lost a foot due to negligent management of a diabetic foot.
  • CG v. N NHS Trust (High Court, 2012). Defending cerebral palsy claim.
  • Cassidy v. Homerton University Hospitals NHS Trust (High Court, 2012). Substantial compensation for alleged negligent joint replacement in young woman with arthritis.
  • ER v. G PCT and others (High Court, 2011). High value claim relating to delayed diagnosis of meningitis.
  • Inquest into the death of Onyi Chando (2009). Represented family in inquest into death of infant under constant watch in hospital.
  • Inquest into the death of Joanne Lockham (2009). Represented anaesthetist at high-profile inquest into death in childbirth due to failed intubation.
  • Inquest into the death of Tommy Payne (2008). Represented Police Forensic Medical Examiner in inquest into death of Police Officer who committed suicide after being charged with corruption offences.
  • Royal Liverpool Children's Inquiry (2000) Instructed by Trust for inquiry.
  • Re N [1999] EWCA Civ 1452; (1999) Lloyd’s Rep Med 257. Duty of care owed by Police Forensic Medical Examiner to rape victim.

Ben is recognised as a leading personal injury silk and has long experience of dealing with personal injury claims. He appears as leading counsel in claims arising out of some of the most serious injuries, including when brain injury (both subtle and severe) is in issue.
 
Ben's extensive experience of clinical negligence claims (see separate entry) and his intimate knowledge of the healthcare sector provide him with great expertise in dealing with contested quantum issues. He has vast experience of working with medical experts and a detailed understanding of the interrelationship of medical expertise, care and occupational assistance and rehabilitation.
 
Ben has expertise in both employment and discrimination law and accordingly has notable expertise in dealing with mixed employment and personal injury cases arising out of stress, harassment and/or discrimination in the workplace.
 
Ben is experienced in and knowledgeable about the particular demands of military claims, appearing both for service personnel and MOD.
 
Ben has experience of large-scale mediation; and of group actions, having been instructed by the MOD in the Kenyan Training Area claims group litigation and a range of claims arising out of the development of Q fever among service personnel in Afghanistan. He is currently instructed in a number of claims arising out of the Infected Blood Inquiry.
 
Ben must be considered the leading expert in the law of criminal injuries compensation at the bar, having appeared in almost every significant recent case, including CP (CA, fetal alcohol syndrome), Jones (SC, crime of violence), Y (CA, status of unborn child), TS, RS, Colefax, Rust-Andrews (CA) and SB (UT).
 
Ben is a member of PIBA and has written for JPIL.

Personal Injury
 
  • Momonakaya v MOD (HC, 2018): Claim for psychiatric injury brought by Fijian soldier alleging racist bullying.
  • CF v X Football Club (2018): Claimant by professional footballer against Championship club alleging negligent management of injury.
  • Bass v MOD (2019). Test case arising out of development of Q Fever among service personnel in Afghanistan.
  • Douglas v UK Athletics (2016). Claim by international triple jumper in respect of training accident overseas.
  • Scott v Frimley Park Hospital NHS Trust and others [2015] EWHC. High value military claim arising from long-term management of compartment syndrome.
  • Douglas v. O'Neill (High Court, 2012). Achieved damages of over £1 million for severely injured musician.
  • Inquest into the death of Joshua Woodhouse (2012). Fall from height - naval officer on board ship.
  • Richardson v. Stagecoach Holdings plc (2011). Substantial damages obtained for Claimant who sustained brain injury in road accident.
  • Q v. Northants County Council (2011). Successful claim for damages for historic injuries sustained while in care.
  • McKinley v. Whitehead (ongoing). Acting for Claimant who sustained devastating injuries in road accident.
  • Bonomo & Villemont v. Ministry of Justice (2010). Acting for Defendant in common law and human rights damages claim brought by families of French students murdered in New Cross.
  • MR v. Ministry of Justice (2009). Represented Defendant (as lead counsel) in largest ever personal injury claim against MoJ.
  • Reynolds v. South West Yorkshire Mental Health NHS Trust (2006) Advising trust in human rights fatal accident claim (arising out of suicide of mental health patient).
  • Wall v. MoD (2006) Claim alleging development of cancer as a result of exposure to depleted uranium.
  • Kenyan Training Area Group Litigation - Group litigation brought by over 1,000 Kenyan Maasai claiming to have been injured by unexploded ordnance left by the British Army. Representing MoD at 2 mediation hearings.
 
CICA
  • Jones v FTT [2019] 1 WLR 1391. Re-opening decisions in changed circumstances.
  • JT v FTT [2019] 1 WLR 1313. Lawfulness of the “same roof rule” for historic abuse claims.
  • A v CICA [2018] 1 WLR 5361. Availability of compensation for victims of trafficking with criminal convictions.
  • Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and Y [2017] 4 WLR 60. Whether child born disabled as a result of incestuous rape can claim compensation for injury sustained as a victim of a crime of violence.
  • R (McNiece and others) v CICA [2017] EWHC 2. Whether barring compensation on grounds of previous criminal convictions is ultra vires or in breach of the HRA.
  • R (A&B) v CICA [2017] EWHC 2. Victims of trafficking denied compensation on grounds of previous criminal convictions. Whether 2012 Scheme is in breach of HRA or EU law.
  • R (CICA) v FTT and MB [2016] EWHC 2745 (Admin); [2016] A.C.D. 136. Reviving compensation claim after 19 years.
  • Clifford v FTT [2016] EWCA Civ 1329. Proper approach to rules on compensation for minor multiple injuries.
  • Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) (CP) [2014] EWCA Civ 1554; [2015] 2 W.L.R. 463. Whether women who harm their unborn children by drinking to excess are criminally liable.
  • Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) (TS) [2014] EWCA Civ 65; [2014] P.I.Q.R. P10. Whether offence under Dangerous Dogs Act is crime of violence.
  • R. (Colefax) v First Tier Tribunal (Social Entitlement Chamber) [2014] EWCA Civ 945; [2015] 1 W.L.R. 35. Right to claim compensation where two injuries sustained, one latent and one patent.
  • RS v. CICA [2013] EWCA Civ 1040; [2014] 1 W.L.R. 1313. Limitations on secondary victims and meaning of “immediate aftermath”.
  • Jones v. FTT [2013] UKSC 19; [2013] 2 AC 48. Meaning of "crime of violence" for the purposes of the Criminal Injuries Compensation Scheme.
  • R (CICA) v. FTT [2013] UKUT. Whether foetal alcohol spectrum disorder is a crime of violence under the scheme.
  • SDM v. CICA (Upper Tribunal, 2012). Defending Criminal Injuries Compensation Scheme from challenge to its compatibility with ECHR in the context of honour killings.
  • MM v. FTT [2013] UKUT 402. Delay and practicability.
  • MK v. FTT [2013] UKUT 354. Considering honesty in the context of social security claims.
  • R (Levenes) v. CICA [2012] EWHC. Challenge to CICA payments policy.
  • SC v. FTT [2012] UKUT 383. When time starts to run in the case of two injuries, one of which is initially undetected.
  • Rust-Andrews v. FTT [2011] EWCA Civ 1148; [2012] PIQR P7. How to value loss of chance in criminal injuries cases.

Ben has appeared in complex and high profile litigation involving sportsmen for many years.

He has experience of sitting as an appeal panel member in International Paralympic Committee anti-doping appeals.

Ben appears in employment disputes involving sports professionals. He has represented a former England U-21 football manager in a post-termination contractual dispute with the FA.

He has experience of representing professional footballers in claims for personal injury and clinical negligence damages. These high-value claims draw on Ben's strong PI and clinical negligence practice, together with an understanding of the professional career development and wage structure of elite sports professionals. Ben also deals with a range of claims arising from elite sport, including claims involving rugby players and international athletes.

In his spare time, Ben is an RFU accredited rugby coach and a season ticket holder at Brighton & Hove Albion.


Ben regularly represents clinicians, healthcare providers and families at inquests where questions of clinical care are in issue. His human rights practice is particularly valuable in this context, particular if detention (either under mental health law or in prison) is in issue.

He also has substantial expertise in judicial review of coroners and coronial law, as well as in claims made under Article 2 ECHR.

Ben is currently instructed in a number of claims arising out of the Infected Blood Inquiry, having been instructed earlier in his career in the Alder Hey Public Inquiry.


Ben has practised in the fields of employment and disciplinary law for the last 20 years. He has represented both management and employees in a range of disciplinary and appeal hearings, and has advised managers, HR practitioners and Boards as to the handling of employment and disciplinary issues. Ben has particular expertise in the public and health care sectors, but has worked with major private sector employers and regulators throughout his career. His practice has taken him from the Employment Tribunal to the Supreme Court, with a range of courts and tribunals along the way. He has been recognised by the legal directories in four different areas of practice.

Before taking silk, Ben was a member of the Attorney-General’s A Panel of Counsel. He is a Special Advocate and has extensive experience in dealing with issues of the greatest sensitivity. He sits as a panellist hearing anti-doping appeals for the International Paralympic Committee, and as a Recorder, hearing criminal cases in the Crown Court.

pAwards

2019 C&P individual 2019 Legal 500 individual C&P 2018 Leading Barrister Legal 500 2017 Leading Individual 2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister Chambers & Partners 2015 Barrister L500 2015 leading individual Ranked in Chambers & Partners 2014 Legal 500 Top Ranked Barrister 2014
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