Areas of Practice:

• Commercial
• Crime
• Financial & Regulatory Crime
• Courts Martial
• Direct Public Access
• Professional Negligence
• Property

Education:

• Dame Alice Owen's School.
• University of Bristol; LLB with European Legal Studies.

• Inns of Court School of Law.
• Middle Temple Lord Diplock Scholar.

Experience:

Ben is a common law practitioner with experience and expertise across a number of practice areas. He is able to call on extensive trial experience before the Crown Court, High Court and Specialist Tribunals to give effective and creative advice in a wide range of disputes and proceedings. He is often instructed in factually complex and challenging cases involving allegations of fraud and dishonesty.

Commercial and Civil Law

Ben has advised and acted in numerous commercial and civil disputes including those involving issues of commercial fraud, property law, professional negligence, regulatory and disciplinary law and wills and probate.

Commercial Fraud

Much of Ben’s recent work has involved allegations of commercial fraud. Recent instructions include cases involving:

• Fraudulent sales of property (both at auction and by private sale).
• Conspiracy to injure involving the participation of court appointed liquidators and applications to remove the liquidators from office.
• Malicious prosecution by the commencement of bogus civil proceedings.
• Conspiracy to injure across international borders.
• Allegations of deceit and fraudulent misrepresentation in a variety of cases, including by financial institutions; by company directors; and by a serving police officer within the context of civil proceedings under the Proceeds of Crime Act 2002.
• Breaches of fiduciary duties and duties of good faith within the context of a shareholders’ agreement in a joint venture enterprise.
• Committal for contempt of court by false statements and breaches of disclosure orders.
• Acting in an International Commercial Arbitration arising from a contractual dispute seated in Singapore under UNCITRAL rules.

Property Law

Ben has extensive experience of property and landlord and tenant litigation including:

• Promissory estoppel.
• 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.

Ben recently appeared for the successful tenant at first instance and on appeal in Gill v Lees News Limited [2023] EWCA Civ 1178, the leading case on business tenancy renewals under sections 30(1)(a) and (c) of the 1954 Act.

Professional Negligence

Ben has experience of acting in high value claims against solicitors and barristers. He has particular experience in cases involving failures to offer adequate advice in conveyancing transactions.

Regulatory and Disciplinary Law

Ben has represented clients across a wide variety of regulatory and disciplinary cases. He has defended allegations of misconduct (at first instance and on appeal) 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.

Wills & Probate

Ben provides advice and representation to clients dealing with the administration of estates. He has experience of cases involving the capacity of the deceased, promissory estoppel and claims under the Inheritance (Provision for Family and Dependents) Act 1975.

Reported Cases of Interest:

• Frontiers Capital I Ltd Partnership v Flohr [2023] EWHC 2723 (Ch) (standing of partnership to bring action for breaches of fiduciary duty) as reported in the FT
• Gill v Lees News Limited [2023] EWHC 403 (Ch) (first appeal) and [2023] EWCA Civ 1178 (second appeal) (clarifying the law as to renewal of business tenancies) as reported in the Times
• Al-Rawas v Hassan Khan and Co (A Firm) [2022] EWCA Civ 671, [2022] Costs L.R. 817 ( the availability of unless orders and indemnity costs in the Court of Appeal within the context of committal proceedings).
• Hassan Khan & Co v Al-Rawas [2021] EWHC 2583 (QB), [2021] EWHC 3229 (QB) and [2021] EWHC 3621 (QB) (Permission, findings of fact and sentence in Committal proceedings) as reported in The Law Gazette
• Unistar Trading Ltd (In Liquidation) v Revenue and Customs Commissioners [2020] UKFTT 191 (TC) (rate of interest due to the taxpayer on repayment of denied input tax).
• M&M (Cambridge) LLP v Revenue and Customs Commissioners [2020] UKFTT 107 (TC) (fraudulent evasion of VAT).
• Egeolu v General Pharmaceutical Council Fitness to Practise Committee [2017] EWHC 3932 (Admin) (challenging the findings of the Fitness to Practise Committee).
• SVS Securities Plc v Revenue and Customs Commissioners [2017] UKFTT 861 (TC) (missing trader fraud).
• 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 [2014] EWHC 1218 (Ch) (easements concerning exclusive parking rights)
• R (on the application of Chemistree Homecare Limited) v MHRA [2013] EWHC 4491 (admin) (Regulation of Licences by the Medicines and Healthcare Regulatory Agency)
• Thompson v Starr [2013] EWHC 1972 (QB) (instructed by the British Kendo Association to defend misconceived allegations of unfair treatment).
• Greenglade Estates Ltd v Chana [2012] 3 E.G.L.R. 99 (Chancery Division) (fraudulent sale of property, quantification of loss).
  

Crime

Ben has experience of criminal advocacy across the spectrum of criminal offending including in allegations of murder, 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 assets under the POCA 2002.

Examples of Criminal Cases:

• R v JR and Ors (Oxford Crown Court) – Supply of over 10 kilos of cocaine (acquitted) https://www.oxfordmail.co.uk/news/18794123.man-trial-trafficking-10kg-cocaine-oxford-found-not-guilty/
• R v AA and Ors (Kingston CC) – Preparation of terrorist acts https://www.mirror.co.uk/news/uk-news/isis-recruit-who-fled-iraq-9559924
• R v HA and Ors (Warwick CC) – Murder – client acquitted.
• Operation Pagoda (Harrow CC) – Instructed as leading junior in confiscation involving 90 kilos of cocaine.
• 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.
• R v ABW (Stafford CC) – Attempted murder / robbery of drug dealers.
• Operation Sniper (Birmingham CC) – conspiracy to supply Class A drugs (Ben secured the only acquittal of 19 defendants).
• Operation Bend (Birmingham CC) – money laundering by “cuckoo smurfing” (£20 million).
• R v D and Ors (Reading CC) – fraudulent sale of property (£14 million).

Reported Criminal Cases:

• 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).
• R v Hussain [2004] EWCA Crim 1064 (car jacking)