Ranked as a Leading Junior for Business and Regulatory Crime (Health & Safety) in The Legal 500 (2024), a C-List Specialist Regulatory Advocate and Joint Head of Chambers Consumer Protection Team
Ben is a specialist Regulatory and Public Law Barrister. He is often asked to advise early on and has developed excellent relationships with those instructing.
‘Ben is tenacious, approachable, and detail-oriented. A persuasive advocate in court.’ Legal 500 (2024)
‘Ben communicates well and has a very calm manner with clients. He quickly identifies the key issues in a case.’
Ben is regularly instructed by local authorities to advise on prosecution, and to conduct cases on their behalf, covering the full breadth of their work. These have included health and safety offences, food hygiene breaches, environmental and planning offences. He is often instructed pre-charge to advise on prosecution and on investigations. He is currently advising a local authority in relation to a fatal accident that occurred at a hotel.
Ben has significant experience of prosecuting and defending prosecutions brought by the Health and Safety Executive under the Health and Safety at Work etc Act 1974, notable cases have involved prosecution of a building contractor who was convicted of health and safety breaches concerning a household extension which exposed the occupants to carbon monoxide poisoning.
Ben is instructed in prosecutions brought by the Environment Agency; and is often instructed pre charge. These have included significant illegal waste sites, complex issues regarding insolvency and ownership of the site. He has experience of advising on ancillary orders and been involved in several applications for Restriction Orders in relation to illegal waste sites.
Ben has considerable knowledge of trading standards law and is currently instructed to advise pre charge on a significant trading standards prosecution, involving several alleged fraudulent businesses.
Ben has a niche practice in cases investigated by the Department of the Environment, Food and Rural Affairs under the Forestry Act 1967 and is often asked to advise on jurisdictional issues regarding such cases and in relation to the time limits for brining proceedings. Such work has involved travel throughout England and Wales.
Ben has been involved in several prosecutions relating to fishing law, both at sea and inshore and has a detailed knowledge of the legislation involved. These cases have been brought by the Marine Management Organisation, Inshore Fisheries Authorities, and the Environment Agency.
Ben is also regularly instructed by local authorities and other regulatory bodies to advise and represent in relation to all other areas of their work. These include alcohol licencing, taxi licencing, abatement notices, closure orders and defective properties.
Notable cases:
- Environment Agency v Clifford Shee (January 2023)- Successful prosecution of a repeat environmental offender, relating to the operation of an illegal waste site where a significant fire occurred. See press coverage from the Chronicle Live and the BBC.
- Marine Management Organisation v Ocean Fleet Seafood Limited and Others (December 2022)- Prosecution of both the owners and masters of four fishing vessels arising from inaccurate logbooks and landing decelerations. Involved dealing with a company entering administration, legal argument as to the interpretation of the legislation and jurisdictional issues.
- Selby District Council v Queens Staith Leisure Ltd and Philip Smith (November 2022)- Successful prosecution under the Health and Safety at Work etc Act 1974 of a hotel and the managing director following an incident in the spa which resulted in significant injuries to a customer. See press coverage.
- Newcastle City Council v Samir Najeeb (October 2022)- Prosecution under the Food Safety and Hygiene (England) Regulations 2013 following a customer had placing an order for a takeaway, and due to a serious peanut allergy, a request was made that the order be free from peanuts. Unfortunately, the dish supplied contained peanuts (due to the use of mixed nut powder) and as a result the customer suffered an anaphylactic reaction. Complex legal issues regarding the identity of the correct Defendant and who can be a Food Business Operator. The Defendant was convicted. See press coverage.
- Environment Agency v Danny Thorpe (August 2022)- Successful application for a Restriction Order under Section 109D Environment Act 1995. Notwithstanding a large-scale fire at an illegal waste site the respondent had continue to undertake illegal waste activities. Later instructed to prosecute breaches of the Restriction Order. Application successfully made in February 2023 to extend the order. Also instructed in prosecution arising from breaches of the Order. See press coverage.
- Craven District Council v The Punch Bowl Low Bentham (July 2022)- Successful application for a Premises Closure Order in relation to a pub that was persistently trading without a valid premises licence. Also instructed in relation to resisting the appeal against revocation of the licence.
- York City Council v Price (April 2022)- Successful prosecution in relation to unlicenced scrap metal business.
- Health and Safety Executive v Park View Academy and TW Steam & Heating Services (November 2021) Defence of the Second Defendant in relation to offences relating to exposure to asbestos during construction work at a school. Fine imposed was significantly below the range in the sentencing guidelines. See press coverage here.
- Health and Safety Executive v David Coulson (May 2021) Successful prosecution of building contractor whose breaches in relation to undertaking an extension had exposed the occupants to carbon monoxide poisoning. See press coverage here.
- Craven District Council v Bizzie Lizzies Restaurants (January 2020)- Successful prosecution of a local fish and chip shop for offences under the Health and Safety at Work etc Act 1974 resulting from an accident, causing significant injuries to a staff member.
- Derby City Council v Good Mood Food (November 2019)- Defence of restaurant for breaches of food hygiene regulations.
- Nasir Ali v Craven District Council (November 2017) Successfully resisted the appeal against the revocation of a taxi licence in respect of a driver who had been alleged to have committed a sexual assault on a passenger. The appeal was dismissed, and the revocation upheld notwithstanding the decision of the police not to charge any offences. See press coverage here.
- Kirklees Council v JGC (Ltd) (July 2017) Defence of land agents for breach of a Tree Preservation Order.
- Craven District Council v David Eckersall (January 2017) Successful prosecution for the demolition of a Grade II listed building. This case attracted significant media interest. See press coverage here.
Contact Ben’s clerks
Ben has a strong practice in all areas of criminal law. He has a successful and busy defence practice and is also a CPS Level Three Prosecutor. He has appeared as a led junior for both the prosecution and the defence in the full range of criminal work.
His practice encompasses the full range of criminal law, including sexual offences, serious violent offences, firearms and drug trafficking. He has a particular expertise in complex and paper heavy fraud work and is regularly instructed in such matters. Having been previously instructed as prosecution junior in a series of paper heavy mortgage frauds he has considerable experience in dealing with disclosure of unused material, Section 8 applications and issues regarding PII and intelligence material. He therefore has a particular interest in defending in such cases. Ben also has a strong interest in human rights and civil liberties and has successfully defended in prosecutions brought following demonstration and protests.
Ben has also appeared before the Court Martial in respect of defence of service personal and is happy to travel in the United Kingdom and abroad in respect of such proceedings.
Ben is experienced in defending applications under the Proceeds of Crime Act He has been instructed to represent Defendants and interveners in the Crown Court solely in respect of Proceeds of Crime Act applications. He has experience of dealing with applications to vary restraint orders, receivership applications, applications to vary confiscation orders and enforcement proceedings.
Ben is happy to accept instructions from all over the country and has appeared in courts across the whole of England and Wales. He always advises in writing on receipt of instructions and throughout the proceedings. He is happy to travel to attend for conferences at convenient locations for clients.
Notable cases:
- R v CS (August 2021) Successful Defence of defendant accused of sexual activity with his fifteen-year-old niece.
- R v NK (July 2021) Successful Defence in Arson with Intent to Endanger Life trial. This case involved extensive cross examination of the Prosecution Fire Expert and instruction of a Defence Fire Expert.
- R v Foggo and Nixon (March 2021) Successful prosecution of two defendants for perverting the course of justice arising out of the shooting of a twelve-year-old boy in Huddersfield. See press coverage here.
- R v Green, Beech and Playforth (February 2020)- Led Junior for the Prosecution in three handed joint enterprise manslaughter. The case involved consideration of football intelligence material and principles of joint enterprise. See press coverage here.
- R v TL (November 2019)- Successful Defence in Armed Home Invasion Robbery where the Defendant had previous convictions for robbery and aggravated burglary, which the prosecution successfully put before the jury.
- R v Hargreaves (October 2019)- Defence of man who made threats to various employees of the BBC and to Sir Lewis Hamilton. See press coverage here.
- R v SM (September 2019)- Successful Defence of a young woman of good character, accused of taking part in a group street robbery with weapons. The Defence involved blaming her two co-defendants, who were both convicted.
- R v GP (January 2019)- Successful Defence of allegations of Possession with Intent to Supply Class A Drugs when the Defendant’s previous convictions for Class A drug dealing had gone before the jury.
- R v JH (December 2018)- Defence of an Army SNCO at a Court Martial in relation to offences alleged to have occurred at Mess Function. Defendant was acquitted of offences of both GBH and ABH after trial.
- R v Amin, Arapaj and Butlin (November 2018)- Junior for the prosecution arising out of a fatal shooting by the police on the M62 in January 2017. See press coverage here.
- R v Spedding [2018] EWCA Crim 1937; [2019] 1 Cr. App. R. (S.) 3 (July 2018) Appeal against sentence where the Court of Appeal overturned both the finding of dangerousness and reduced the sentence.
- R v Arthur Wilder (June 2018) Successful Prosecution of Defendant in a £1 Million mortgage fraud. See press coverage here.
- R v Findlay Windas and Others (March 2018)- Led Junior in the successful multi handed prosecution for Conspiracy to Supply Drugs and Prohibited Weapons. Following conviction and sentence, Ben received extremely positive feedback from both the CPS and the Police. See press coverage here.
- R v PL (November 2017)- Represented Defendant accused of serious sexual offences against his daughter. The Defendant was already serving an extended sentence for similar offences against another family member. Case was further complicated by some of the offending having taken place when the family lived in Scotland.
- R v GH (August 2017)- Successful defence of historic allegations of rape alleged to have occurred in 1976 when the defendant was 16 years old.
- R v Malkeet Singh Rathod (February 2017) Led Junior for the main defendant in industrial scale immigration fraud involving widespread abuse of the sponsor licence scheme. Acted alone in respect of the confiscation proceedings. See press coverage here.
- R v RW (December 2016) Successful defence of woman of good character accused of theft of £30 000 worth of stock from her former employer.
- R v SW (September 2016) Successful submission of no case to answer in respect of alleged joint enterprise Section 18 offence, based on the principles in R v Jogee [2016] UK SC 8; [2017] A.C. 387
- R v JB (February 2016)- Successful defence in a £350 000 conspiracy to fraudulently obtain meat from suppliers across the United Kingdom and Eire.
- R v David Purdie and others (September 2015) Led Junior Counsel for the Prosecution in an eight handed £200 000 000+ mortgage fraud. The case attracted considerable media interest, see here.
- R v KS (August 2015)- Defence of woman accused of perverting the course of justice over alleged false allegation of sexual assault against a police officer. Advised as to the obtaining of a psychiatric report regarding the issue of intent. Following service of that report the Prosecution offered no evidence.
- R v AS (September 2014) Defence of a sales manager accused of fraud against his former employer. Successful application made to stay the indictment as an abuse of process as a result of significant prosecution disclosure failures.
Contact Ben’s clerks
Andrew Thornton on 0113 213 5202
Ben predominantly practises in criminal law but is also regularly instructed in regulatory matters, especially those with a criminal element.
He is a CPS Grade Three Prosecutor with a strong defence practice. He has experience of undertaking work as junior alone and as led junior for both the Defence and Prosecution.
In crime, his practice encompasses the full range of criminal law, including sexual offences, serious violent offences, firearms and drug trafficking. He has a particular expertise in complex and paper heavy fraud work and is regularly instructed in such matters. Having been instructed as prosecution junior in a series of paper heavy mortgage frauds he has considerable experience in dealing with disclosure of unused material and Section 8 applications and has a particular interest in defending such cases. Ben also has a strong interest in human rights and civil liberties and has successfully defended in prosecutions brought following demonstration and protests.
Ben is happy to accept instructions from all over the country and has appeared in courts across the whole of England and Wales. He always advises in writing on receipt of instructions and throughout the proceedings. He is happy to travel to attend for conferences at convenient locations for clients.
Contact Ben’s clerks
Crime
Andrew Thornton on 0113 213 5202
Rebecca Wilson on 0113 213 5203
Hannah Dempsey on 0113 213 5211
Elaine Foster-Morgan on 0113 213 5217
