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Ben is an internationally recognised specialist in health and safety law. In recent years, he has appeared in most of the UK’s major disaster cases, such as the Lyme Bay canoeing tragedy, the Potters Bar rail crash, and the landmark Chargot case in the House of Lords, widely regarded as the most important health and safety case of the last decade.

The majority of Ben’s work is representing corporate defendants and company directors in cases concerning fatalities or serious injury. He also has considerable experience in personal injury cases, medical negligence claims and medical disciplinary proceedings.

Called to the Bar in 1979, Ben spent many successful years as a criminal barrister before moving into health and safety, experience which proves invaluable in many of his cases. Ben was appointed a Recorder in 2005 and a QC in 2011.

In addition to his UK work, he regularly appears in the British Virgin Islands, and is currently expanding his practice to the Middle East and the USA.

Chambers and Partners says Ben is “rated highly by peers… he is ‘hugely industrious and commands the respect and trust of clients immediately.’ ” The Legal 500 singles him out as “extremely professional and communicates well with clients”.

Ben says of himself: “I’m a very gregarious, positive person. I particularly enjoy being in front of a jury and I love a challenge.”

Away from Court, Ben is most likely to be found on the family farm in Wiltshire, or pursuing his passion for adventurous travel and mountain climbing.

Notable cases

R v Chargot – landmark case in the House of Lords clarifying the extent to which a prosecution must identify acts and/or omissions in order to establish a prima facie breach of statutory duty

R v EGS Ltd – terminating ruling in Court of Appeal which further refined the judgement in Chargot and issued guidance on the need for proactive case management in health and safety cases. Defendant acquitted in subsequent retrial

HSE v Marble City Ltd – the first Appeal case to consider new Sentencing Guidelines concerning death in corporate manslaughter and health and safety cases

HSE v PC Harrington – concerning a crane fatality at Wembley Stadium, case involved a massive investigation into the working practices of the defendant company during the construction phase of the Stadium

Stroud DC v Clayton – Successful defence of Gatcombe Park’s Health and Safety advisor following the fatality of one of the Princess Royal’s son’s best friend during a quad biking incident

R v Stubbs – acting for Casework Directorate in internet fraud on HSBC’s corporate client accounts in Leicester, total amount stolen circa £20 million, conviction upheld in the Court of Appeal

Petra Resolva v University College London Hospital – acting for Claimant following substandard appendicectomy with resultant infection - case settled

In the Matter of Carmel Shellar – acting for Tesco at Inquest following the incorrect prescribing of medication from a Tesco pharmacy, which led to death of patient.

 

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