Ben has a broad practice in media and information law, with a particular expertise in defamation, breach of confidence, privacy, data protection and harassment claims and in related areas such as reporting restrictions, source protection issues, open justice and contempt of court. He also specialises in public law and civil actions against public bodies, and is a member of the Attorney General’s B Panel for Junior Counsel to the Crown.
Recent notable cases include: Oliver v Shaikh [2019] EWHC 401 (QB) (harassment proceedings brought by a Circuit Judge); Channel 4 v Commissioner of Police for the Metropolis [2019] 1 Costs LR 67 (costs in production order proceedings under the Terrorism Act 2000); Stunt v Associated Newspapers [2018] 1 WLR 6060 (Court of Appeal decision on the journalistic exemption under the Data Protection Act 1998); the Mobile Telephone Voicemail Interception Litigation (acting as junior counsel for NGN in numerous claims relating to “hacking”); the Construction Industry Vetting Information Litigation (acting as junior counsel for the Claimants in group litigation against several major construction companies); In re BBC [2018] 1 WLR 6023 (appeal of order for reporting restrictions in criminal proceedings); Buzzfeed v Gubarev and others [2018] EWHC 1201 (QB) (appeal of order for oral examination for use in defamation proceedings in Florida); Brevan Howard Asset Management v Reuters [2017] EWCA Civ 950 (Article 10 ECHR public interest defence to a breach of confidence claim); Miller v Associated Newspapers [2017] 1 WLR 3985 (Supreme Court appeal on the recovery of additional costs in libel and privacy claims); Hourani v Thomson [2017] EWHC 432 (QB) (trial of claims in defamation and harassment relating to online material, and related source protection issues); In re Times Newspapers [2016] 1 WLR 4366 (appeal against an order for an in camera hearing and reporting restrictions in a criminal trial); PJS v News Group Newspapers [2016] 2 WLR 1253 (appeal of an application to discharge an interim injunction on basis that relevant information had entered the public domain); R (BD) v Director of Legal Aid Casework [2016] EWCA Civ 733 (costs appeal in judicial review proceedings); In re Guardian News and Media [2016] 1 WLR 1767 (appeal of order refusing permission to publish reports of a criminal trial on national security grounds); R (Miranda) v Secretary of State for the Home Department (Liberty and others intervening) [2016] 1 WLR 1505 (stop and search procedure held incompatible with Article 10 in relation to journalistic material); Yeo v Times Newspapers Limited [2015] EWHC 3375 (QB) (successful defence at trial to a libel claim); Vidal-Hall v Google Inc [2015] 3 WLR 409 (whether a claim for compensation under section 13 of the Data Protection Act 1998 can be brought without proof of pecuniary loss); Reed Elsevier UK Ltd (t/a LexisNexis) v Bewry [2015] 1 WLR 2565 (disapplication of the limitation period in libel proceedings); ENRC v Judge [2014] EWHC 3556 (QB) (duty of delivery-up of a non-executive company director); Smith and others v Ministry of Defence [2014] AC 52 (duty of care in respect of injury and death suffered in combat); R (Refugee Action) v SSHD [2014] EWHC 1033 (Admin) (decision to freeze the level of cash support for asylum seekers held unlawful); R (KM) v Cambridgeshire County Council [2012] 3 All ER 1218 (lawfulness of a resource allocation system within the child social care framework); R (W) v Birmingham City Council [2011] Eq. L.R. 721 (compatibility of adult social care policy with disability equality duty and duty to consult).
Called 2009; Lincoln’s Inn; former Visiting Fellow in Constitutional and Administrative Law at City University, London. Publications of note: co-author of Online Publication Claims: A Practical Guide (Matrix, 2017); co-author of the update of the chapter on Article 10 (freedom of expression) in Simor, Human Rights Practice (Sweet and Maxwell, October 2013); author of the chapters on the right to liberty and the right to a fair hearing, Halsbury’s Laws of England, 5th edition: Rights and Freedoms (June 2013); author of the chapter on legal fundamentals in Children in Need: Local Authority Support for Children and Families (Legal Action Group, December 2013); author of the chapter on welfare benefits in Disabled Children: A Legal Handbook (Legal Action Group, October 2010).
French, Spanish (conversational level).
Constitutional and Administrative Law Bar Association; Human Rights Lawyers’ Association.
Trinity College, University of Cambridge (2001, BA Hons); City University, London (2007, GDL); London School of Economics (2008, LLM); BPP London (2009, BVC).