Ben has developed a broad civil litigation practice with a particular focus on credit hire. Ben has attended small claims and fast track trials dealing with all aspects of credit hire litigation. In the small claims track, Ben regularly finds himself advancing arguments in respect of basic hire rates evidence and has successfully sought to apply debarring orders following a plea of impecuniosity which has not been made out. He is confident in advance a plea of impecuniosity when disclosure has been provided.
Ben has a strong working knowledge of all credit hire matters having practised in this area for over 5 years. Ben routinely features as the sole Advocate on matters from “cradle to grave”, dealing with the case from the preparation of the Defence through to the trial of the matter.
As to Ben’s personal injury practice, he has been instructed to attend trials which routinely feature issues in relation to causation of injury, low velocity impacts, phantom passengers and induced collisions. Where the evidence and circumstances merit, Ben is confident in inviting the Court to make findings pursuant to Civil Procedure Rule 44.16 and Section 57 of the Criminal Justice Act.
Ben also handles large volumes of interlocutory hearings arising out of personal injury litigation. In particular, he is frequently the Advocate of choice in multi-track CCMCs which require cost budgeting to be undertaken in light of his extensive experience in legal costs.
Ben has experience of preparing written advice to instructing solicitors on the appropriateness of proposals made for compensation for victims of crime under the Criminal Injuries Compensation Scheme 2012.
Contact Ben’s clerks
Senior Clerk – Andy Reeves on 0113 213 5252
Talia Webster on 0113 202 8609
Ben’s legal career commenced in the complex area of legal costs. His early experience with legal costs were as a Law Costs Draftsman in specialised costs firm whereby he acted on behalf of multiple Claimant solicitor clients prior to the introduction of the LASPO reforms in 2013. In this role, Ben obtained significant experience in the drafting of bills of costs, points of dispute and replies and developed negotiating skills with clients and opponents.
Thereafter, Ben moved in house and trained and qualified as a Solicitor Advocate in 2017, alongside his role as Head of Costs, in a large industrial disease firm of Solicitors. In this role, Ben managed a team of Costs Draftsmen and Administrators whilst handling his own case load, undertaking hearings and reporting to key stakeholders. Furthermore, he handled preliminary issue trials and JSMs convened solely in respect of recovery of legal costs following the settlement of a large group action.
Ben’s experience until 2017 was almost exclusively focused on all aspects of legal cost recovery and the issues and arguments that ensue giving him a wealth of experience as to how to conduct litigation efficiently and in a cost effective manner.
Ben joined a large Defendant insurance practice and has since developed a full civil insurance litigation practice. Ben continues to act regularly on behalf of both Claimants and Defendants in respect of cost issues that have arisen during the substantive claim and following conclusion.
Ben continues to act as the Advocate on hearings which include, but are not limited to, detailed assessment hearings, oral review hearings, applicability of fixed costs hearings and interim applications for declarations, payments on account and summary assessment.
Ben is confident in drafting applications in respect of costs matters such as the pursuit of non-party costs orders and preparation of complex points of dispute and replies.
Ben is experienced in dealing with wasted cost applications against legal representatives. He has experience of representing applicants and respondents to such application. He is confident in his understanding of the legal framework which governs wasted costs and can provide robust advice to the legal representative from contemplation of the application through to its conclusion.
Notable cases:
- Carvill v (1) BAE Systems Marine Limited (2) British Steel Corporation Limited (3) The Unit Superheater and Pipe Company Limited (2017)
- Ben acted as the lead Solicitor in a costs claim brought by Mr Carvill following successful resolution of his claim for personal injury. The Defendant, in challenging the costs claimed by the Claimant, advanced and pursued allegations that Mr Carvill’s representatives had deployed a practise of “block time recording” in respect of reviewing medical evidence and assessing quantum in pursuit of recovering enhanced and fabricated legal costs from the insurer.
- Ben attended as the Advocate on multiple interlocutory applications arising out of this preliminary issue whereby the Defendant sought stays on many claims conducted by Mr Carvill’s representative which the Defendant believed had similar features. The issue came before the Regional Costs Judge who set out extensive directions over an eight month period to progress matters to a three day preliminary trial. Alongside the interlocutory hearings undertaken, Ben attended to the directions set which included preparation of substantial witness evidence from multiple parties and the collation and disclosure of time recording training records.
- Ben successfully defeated the allegations brought by the Defendant at trial heard before the regional Circuit Judge, and he secured an indemnity costs order in favour of the Claimant’s representative in respect of the costs incurred and associated with the preliminary issue in the sum of £200,000.00.
Contact Ben’s clerks
Senior Clerk – Andy Reeves on 0113 213 5252
Talia Webster on 0113 202 8609
Ben is developing a property practice covering a wide range of areas, including possession and disrepair. He acts for both landlords and tenants in public and private cases and routinely appears at pre action disclosure applications, allocation hearings, interim applications, and trials.
Ben has a growing paperwork practice in this area and is confident in preparing robust pleadings and written advice for both Claimants and Defendants. He is able to turn around paperwork promptly.
Ben is confident in identifying the issues in any particular case and has been commended for his approachable manner by clients and instructing solicitors. He ensures that every case is presented in the strongest manner possible to achieve the best outcome for his client.
Ben has also appeared on behalf of local authorities in the Magistrates Court seeking a closure notice pursuant to the Anti-social Behaviour, Crime and Policing Act 2014.
Contact Ben’s clerks
Senior Clerk – Andy Reeves on 0113 213 5252
Talia Webster on 0113 202 8609
Ben secured tenancy at Park Square Barristers in 2022. Prior to joining Park Square Barristers, Ben worked within a dedicated in-house Advocacy team at a large Defendant insurance practice which specialises in credit hire. In this role, Ben has appeared at hearings across all tracks; including stage 3 hearings, OICP hearings, small claims trials, fast track interlocutory hearings, fast track trials and CCMCs on the multi-track.
Alongside Ben’s busy Court practice, he has also developed a comprehensive paperwork practice, preparing legal documents for use in proceedings across all tracks and drafting formal written advice to insurer clients. Ben is efficient at turning around instructions in a timely manner and always seeks to provide constructive advice to clients in a clear and unambiguous manner.
Ben regularly finds himself considering issues of fraud and whether the factual matrix of a particular case merits advancing such allegations. In considering such issues, Ben is confident in testing the evidence of witnesses through conference and thereafter providing detailed advice to clients on the credibility of the witness evidence with a view to formulating robust pleadings to advance the strongest possible case.
Ben is often instructed to attend trial and deny the causation of alleged injuries based on the accident occurring at a low velocity. He frequently finds himself pursuing arguments pursuant Civil Procedure Rule 44.16 and Section 57 of the Criminal Justice Act when injuries appear exaggerated or fabricated.
Ben has developed a broad practice of representing both Claimants and Defendants where allegations of fraud have been made.
Contact Ben’s clerks
Senior Clerk – Andy Reeves on 0113 213 5252
Talia Webster on 0113 202 8609