Thomas More Chambers

Practice:

Property Law, Regulatory and Disciplinary Law, Public Law, Financial and Regulatory Crime, Commercial Law

Property Law:

Ben has a wide ranging experience of property and landlord and tenant work including:

• Fraudulent contracts for sale
• Trusts of Land and Appointment of Trustees Act applications
• Residential possession proceedings
• Disrepair
• The appointment of Law of Property Act Receivers
• Adverse possession
• Business leases (including renewals and forfeiture)
• Party Wall Act disputes
• Leasehold enfranchisement and lease extensions
• Easements
• Regulatory and Disciplinary Law

Ben has dealt with a wide variety of regulatory and disciplinary cases. He has recently acted in High Court proceedings on behalf of the British Kendo Association. He has experience of defending allegations of misconduct before the Solicitor’s Disciplinary Tribunal, the Disciplinary Committee of the Institute of Legal Executives and the Fitness to Practise Committee of the General Pharmaceutical Council.

Administrative and Public Law:

As part of his regulatory and disciplinary practice Ben has been involved in judicially reviewing the decisions of public bodies where there have been grounds to suggest that those decisions have been unlawful or procedurally unfair. He is currently instructed by the government of Mauritius to appear before the Privy Council in respect of an application to judicially review the Mauritian Gambling Regulatory Authority.

Financial and Regulatory Crime:

Ben has experience of criminal advocacy across the spectrum of criminal offending including in large scale drug importations and offences of terrorism. He has developed a particular interest in cases of complex commercial fraud and has acted in cases of fraud perpetrated in the banking sector, as well as against the Home Office (Immigration and Nationality Department), Ministry of Defence, Land Registry and HM Revenue and Customs. Ben is frequently instructed in cases involving complex allegations of money laundering and in cases which involve the tracing and seizure of the proceeds of crime.

Recent criminal cases:

Operation Pagoda (Harrow CC) – Instructed as leading junior in confiscation involving 90 kilos of cocaine.

Operation Peregrin (Manchester CC) – Conspiracy to supply class A drugs

Operation Rampaz, R v TCH (Southwark CC) – Banking fraud concerning the fraudulent transfer of funds in excess of £1 million using KVM technology

Operation Pallinup (Woolwich CC) – Money laundering of over £9 million through casinos.

Operation Coronary (Ipswich CC) – Importation of over 100 kilos of cocaine

Operations Digit and Raiment (Birmingham CC) – VAT and Income Tax frauds of £37 million, with protracted and complex POCA proceedings

Operation Sniper (Birmingham CC) – conspiracy to supply Class A drugs, Ben was prosecuted by leading counsel and junior and secured the only acquittal of 19 defendants

Operation Bend (Birmingham CC) – money laundering by “cuckoo smurfing” (£20 million)

R v Downer and others (Reading CC) – fraudulent sale of property (£14 million)

Commercial:

Ben is able to utilise experience derived from both criminal and civil litigation in commercial disputes. He has advised and acted in numerous commercial disputes including in cases involving:

• The passing off of unregistered trademarks • Enforcement of third party guarantees • Default in respect of personal loans • The fraudulent sale of property (at auction and by private sale) • Allegations of fraudulent misrepresentation (including fraudulent misrepresentations procuring court orders) • Breach of contract and professional negligence by developers in construction disputes • The sale of goods • Licensing rules in the pharmaceutical industry • Licensing requirements in respect of controlled goods • Civil recovery proceedings under the POCA 2002 • Applications to the First-tier Tribunal (Tax) • Ben has experience of representing high profile and celebrity clients. Please contact chambers for details.

Reported Cases:

Peerless v GRA (Mauritius) [2015] UKPC 29 (Regulation of Gambling Licences, Judicial Review)

Coghlan v Bailey [2014] EWHC 924 (QB) (fraudulent misrepresentation, application to set aside judgment)

R Square Properties v Nissan Motors Limited (Chancery Division), WestLaw 13 March 2014 (easements concerning exclusive parking rights)

R (on the application of Chemistree Homecare Limited) v MHRA [2013] EWHC 4491 (admin) (Regulation of Licences, Judicial Review of a governmental regulatory body)

Thompson v Starr [2013] EWHC 1972 (QB)(striking out of claim against the governing body of the BKA, conduct by litigant in person)

Greenglade Estates Ltd v Chana [2012] 3 E.G.L.R. 99 (Chancery Division) (fraudulent sale of property, quantification of loss)

R v Bourne [2011] EWCA Crim 1671 (rape)

R v Auton [2011] 2 Cr. App. R. (S.) 75 (cultivation of cannabis)

R. v Tointon Courts Martial Appeal Court [2010] EWCA Crim 1781(desertion)

R. v Louka [2010] EWCA Crim 2015 (blackmail)

R. v Cardazzone [2009] EWCA Crim 2512 (affray)

• Criminal Bar Association. • Amnesty International.

• University of Bristol; LLB with European Legal Studies. • Inns of Court School of Law. • Middle Temple Lord Diplock Scholar.