Defamation, breach of confidence, misuse of private information, privacy
claims against public bodies, data protection, production orders, reporting
restrictions and other open justice issues.
The Court of
Appeal considered whether the scope of a compromise embodied in a
Tomlin order had covered all allegations made in a subsequent claim
between the same parties. Ben was instructed as junior counsel for NGN in
successfully resisting the appeal.
Ben was instructed
as junior counsel for the Defendant in this claim for libel brought by a former
MP. At trial, TNL’s defences of justification, honest comment and Reynolds
privilege succeeded and the claim was dismissed. The judgment of Warby J
contains important analysis of Article 8 and the Reynolds defence.
. Currently instructed as junior counsel for the
claimants before the Court of Appeal in Google’s appeal against the grant of
permission to serve out in claim for misuse of private information and breach
of the Data Protection Act.
Decision of the Court of Appeal in relation to the disapplication of the
limitation period in defamation proceedings.
In proceedings for breach of confidence it was held that that a nonexecutive company director did not owe a duty to deliver up all documents
provided to him by the company following the termination of his appointment.
However the arguable risk of disclosure of the company’s confidential
information barred the striking-out of the company’s claim for an injunction
and delivery-up.
HERE’S WHAT THEY SAY:
The Court of Appeal allowed the appeal of 12 media organisations
against the order of Mr Justice Nicol that a criminal trial of terrorist offences
be held in camera and that the defendants’ names be anonymised. Ben was
instructed as junior counsel before the Court of Appeal and sole counsel in
subsequent hearings in the Central Criminal Court concerned with the
management of, and reporting restrictions at, the trial.
Ben acted as sole counsel for the claimant
at trial and in the claimant’s application for permission to appeal in this claim
for negligence and for breach of the Data Protection Act. Following the grant
of permission to appeal by the Court of Appeal against the dismissal of the
claim, the defendant settled the claim, agreeing to the payment of damages
and costs.
Junior counsel for
NGN in a Norwich Pharmacal application against the Metropolitan Police
Service, in which it was held that the police were sufficiently involved in the
wrongdoing to found the Norwich Pharmacal jurisdiction.
Junior counsel for the intervener, Article 19, before the Court
of Appeal in a case concerning access to court documents in extradition
proceedings. The Court of Appeal referred to Article 19’s “helpful and
interesting survey of the approach which has been taken by courts in other
common law countries”.
Junior counsel for
NGN in a three-day hearing concerned with disclosure, the availability of
exemplary damages and amendment of pleadings.
Ben is currently instructed as junior counsel for NGN in the privacy and
harassment claims managed together as the Mobile Telephone Voicemail
Interception Litigation. He also represents a number of claimants bringing
conspiracy, defamation and data protection claims in group litigation against
various construction companies in relation to the operation of a covert
database of workers.
Ben has appeared as sole counsel for various media organisations in
applications before the Crown Court and the Court of Protection for
production orders, reporting restrictions and permission to obtain access to
court proceedings. He also regularly acts in judicial review claims concerning
disclosure of information on enhanced criminal records certificates.
Ben has a particular interest in cases with an international element and has
worked on various international freedom of expression cases, including
contempt proceedings concerning a journalist in Singapore and a
constitutional motion on behalf of a radio station in Uganda.
Ben works as a regular night lawyer for the BBC and The Observer and has
provided ad hoc pre-publication advice to a number of media organisations,
as well as various charities including ActionAid, Human Rights Watch and
Oxfam.
Ben has given in-house training on defamation law, reporting restrictions,
production orders and journalists’ access to court documents for the BBC,
Google, News Group Newspapers and the World Society for the Protection
of Animals.
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Community care and education.
Ben is currently instructed as junior counsel in an ongoing
challenge to the operation of the legal aid exceptional case funding system.
In earlier hearings in the case, he appeared as junior counsel in a successful
appeal against the refusal to grant a protective costs order, and as sole
counsel before the Court of Appeal in resisting the Defendants’ appeal
concerned with the costs of their appeal.
Ben was instructed as
sole counsel in three judicial review claims challenging refusals of legal aid.
Following the issue of proceedings, all of the claims were settled on terms
that each claimant be granted legal aid.
Ben acted as sole counsel
for the claimant in two claims against the level of support offered to the
claimant and her family under section 17 of the Children Act 1989. Each
claim was settled in the claimant’s favour following issue of proceedings, the
second after interim relief and permission had been granted.
Junior Counsel for the claimant in this successful challenge to
the Secretary of State’s decision to freeze the level of cash support to meet
the essential living needs of asylum seekers. The court held the decision was
irrational, and ordered the secretary of state to reconsider the rates at which
the support was set.
. Ben was sole counsel for the
claimant in a claim to challenge the content of an enhanced criminal records
certificate issued in her name. Following the grant of permission at an oral
hearing before Mr Justice Hickinbottom, the defendant settled the claim,
agreeing to remove the disputed information from the certificate.
Junior
counsel for the claimant in a claim in which Supreme Court provided
guidance on the lawful operation of a Resource Allocation System within the
child social care framework.
Junior counsel for the
claimants in a claim in which Birmingham’s adult social care policy was held
to be incompatible with its disability equality duty and duty to consult.
Ben has extensive experience of providing representation in appeals before
First-Tier Tribunal (Special Education Needs and Disability) and in appeals
against exclusions from school.
Ben was instructed as sole counsel for the
claimant in this claim for assault, harassment and misfeasance in public
office against a serving MP. Following applications in which Ben successfully
resisted the defendant’s applications for a private hearing and for an
adjournment of the trial, the claim was settled with the defendant making a
public apology.
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Ben is junior counsel for the
claimants in the first case in which the Supreme Court recognised the
existence of a duty of care in respect of death or injury suffered on the
battlefield.
Ben was
junior counsel for a defendant convicted of murder in the Republic of Trinidad
and Tobago and sentenced to death. The Privy Council held for the first time
that it had jurisdiction to deal with the commutation of sentence of the
grounds of Pratt and Morgan delay.
, in which the
Privy Council recognised for the first time the jurisdiction to consider abuse of
process in extradition proceedings under the Extradition Act 1870.
Ben is currently working on a constitutional claim in Belize concerning the
acquisition by the government of assets from a multinational corporation.
(Sweet and Maxwell, October 2013), coauthor of the latest update of the chapter on article 10: freedom of
expression.
(June
2013), sole author of the chapters on the right to liberty and the right to a fair
hearing.
(Legal
Action Group, 1st edition, 2011; 2nd edition, 2013), sole author of the chapter
on legal fundamentals.
(Legal Action Group, October 2010),
sole author of the chapter on welfare benefits.
Having held the post of Visiting Fellow in Constitutional and Administrative
Law at City University, London, prior to being called to the Bar, Ben
frequently lectures and gives training on media, public and human rights law.
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