Government of Rwanda v Nteziryayo  EWHC 1912 (Admin) – Ben was led by James Lewis QC and Julian Knowles QC, acting for the Government of Rwanda which seeks the extradition of five alleged genocidiares. Four of the five defendants were previously discharged by the English High Court.
RE: W (a Child) (Care Proceedings: Non Party Appeal)  1 WLR 2415 – Ben appeared for PO in this ground breaking case before the President of the Family Division and two Lord Justices of Appeal. On PO’s appeal, the Court of Appeal found that a judge in family proceedings, who voiced substantial and professionally damning criticisms of PO, a non-party witness in the case for the first time in his judgment, without arranging for PO to have any opportunity to know of the critical points and to offer any answer to them, had conducted a process that was intrinsically unfair. Those parts of the judgment which recorded matters which were outside the parameters of the issues and the subject of appeal were to be set aside and were to be regarded as if they had never been made.
Inquest into the death of Olaseni Lewis  Ben appeared as junior counsel led by Richard Horwell QC instructed on behalf of the Commissioner of the Metropolitan Police in the Inquest into the death of Mr Lewis, who died in the mental health unit at the Mayday Hospital, Croydon, following his restraint by police officers. The Inquest was heard by the Senior Coroner for the South London area Selena Lynch.
Undercover Policing Inquiry [2016 to date] – Ben has recently been instructed to act for all police officers currently granted core participant status (save for Mark Kennedy and Peter Francis) attached to the Metropolitan Police Special Demonstration Squad at the Undercover Policing Inquiry (Chairman, Lord Justice Mitting), including Bob Lambert and Jim Boyling.
R (on the application of Miranda) v (1) SSHD and (2) Commissioner of the Metropolitan Police  1 WLR 1505 – Ben acted as first junior for the Commissioner in David Miranda’s unsuccessful appeal against the decision of the Administrative Court to refuse his claim that his detention and questioning under Schedule 7 of TACT was unlawful.
Inquest into the death of Charles Raper  – Ben acted for the family of Charles Raper, owner of Blue Hackle security, who died having been struck by a minivan driven by a fellow member of an 18 strong golfing party and former Harlequins rugby player, Ian Desmond. Charlie was killed in the car park of a golfing resort in Southern Portugal 10 years ago. The inquest, before the Chief Coroner of Surrey, Richard Travers, followed an unsuccessful prosecution for manslaughter in Portugal.
Inquest into the death of Kingsley Burrell  – Ben acted for four police constables responsible for the detention of Kingsley Burrell under section 136 of the Mental Health Act in Winston Green, Birmingham on 27 March 2011. Two days later, the same officers were called to attend the mental health unit at Mary Seacole House, after a call was received from staff. After a period of restraint by the officers, Kingsley died. The inquest was heard by the Chief Coroner for Birmingham and Solihull, Louise Hunt.
Dominninch Shaw v United States of America  EWHC 4654 (Admin) – Ben acted for Dominninch Shaw, accused of serious sexual offences in the United States yet all of the relevant criminal conduct was alleged to have been committed in the UK. The case was the first challenge in a Part 2 extradition under the recently introduced forum provisions. Upon his extradition to the United States Dominninch Shaw was sentenced to 85 years’ imprisonment.
Inquest into the death of Dorothy ‘Cherry’ Groce  – Cherry Groce was shot by an authorised firearms officer from the Metropolitan Police in September 1985. She suffered traumatic paraplegia as a result of the shooting. Her shooting in 1985 led to serious disorder in the Brixton area. Ben acted for the firearms officer who discharged his weapon causing Cherry Groce’s injuries at inquest into her death heard before Assistant Coroner for Inner London South, Lorna Tagliavini.
R (on the application of Miranda) v (1) SSHD and (2) Commissioner of Police for the Metropolis  1 WLR 3140 – Acted for Metropolitan Police Commissioner in judicial review proceedings challenging decision taken by MPS officers to detain and question David Miranda, a Brazilian national under Schedule 7 of the Terrorism Act 2000, after it was discovered he was carrying material obtained by Edward Snowden from the United States’ National Security Agency.
Government of India v Ravi Shankaran  EWHC 957 (Admin) – Acted for Government of India in extradition proceedings against former Indian Naval officer who is alleged to have stolen secret documents from the Indian Navy for commercial purposes, and fled to the UK.
R (on the application of Elosta) v Commissioner of Police for the Metropolis  1 WLR 239 – Acted for Metropolitan Police Commissioner in judicial review proceedings challenging decision taken by Metropolitan Police officers to refuse applicant access to legal advice during the course of his detention and questioning under Schedule 7 of the Terrorism Act 2000.
Cleveland Police v Deputy Chief Constable Derek Bonnard (March 2013) – Appointed by Cleveland Police Authority to act as legal advisor to misconduct panel chaired by HMI Dru Sharpling to consider allegations of gross misconduct against the former Deputy Chief Constable.
Russian Federation v Fotinova [SDJ Riddle, 21 March 2013] – Acted for Fotinova wanted for trial in Russian Federation for offences of trafficking in cultural property. Requested person discharged on Article 3 ECHR grounds, on basis of inhuman and degrading conditions in pre-trial detention facilities at St Petersburg SIZO. In a post-script to the judgment, the SDJ indicated that all future Russian extradition requests may not be permitted to proceed without evidence that conditions in pre-trial detention had significantly improved.
Shawn Sullivan v United States of America and SSHD  EWHC 1680 (Admin) – Represented requested person wanted for historic sex offences alleged to have been committed in Minnesota in 1994. Requested person discharged by High Court on Article 5 ECHR grounds, having successfully argued that the ‘civil commitment’ process in the State of Minnesota following conviction for the extradition offences would amount to unlawful detention.
Inquest into the death of Joan and John Stirland  – Ben acted for two senior police officers who were responsible for providing witness protection to the deceased at the time of their murder by members of the notorious Gunn organised crime group in Nottingham. The Inquest was heard by the Deputy High Court Judge Karon Monaghan QC.
R (Serious Fraud Office) v Asil Nadir (Central Criminal Court, 2012) – Ben advised and represented Polly Peck auditors BDO Stoy Hayward in the Old Bailey trial of Asil Nadir before Mr Justice Holroyde.
R v Graham Simkin and Zakia Sharif (Central Criminal Court, January 2012) – Prosecuted former partner of US law firm Fulbright & Jaworski LLP, Graham Simkin and his partner Zakia Sharif, the firm’s head of administration, at the Old Bailey. In a case that attracted national press coverage, both defendants were alleged to have submitted false expenses claims for £100,000s for personal expenditure such as exotic foreign holidays and beauty treatments. Graham Simkin also pleaded guilty to falsely billing Fulbright & Jaworski LLP client’s on his own account.
Masri v CCIC  EWCA Civ 21; Masri v CCIC  EWHC 2579 (Comm); Masri v CCIC  1 WLR 226; CCIC v Masri (Costs)  EWCA Civ 64; Masri v CCIC  EWHC 1024 (Comm) – Ben acted for the Lebanese oil and construction group Consolidated Contractors in proceedings before the commercial court for contempt.
R (Serious Fraud Office) v Ed Dayan (Oxford Crown Court January 2011) – Ben represented first defendant in the first of the Serious Fraud Office trials following the collapse of the Torex Group of companies. Ed Dayan was the former CEO of XN Checkout Ltd, the UK’s largest manufacturer of electronic point of sale machines for use in the hospitality industry (and a subsidiary of Torex), who was alleged to have conspired with the company’s finance director to defraud Torex shareholders by causing false invoices to be entered into the company’s books.
Abu Hamza v United States of America  1 WLR 276 – Acted for controversial Muslim cleric in all extradition proceedings before UK and the European Court of Human Rights: see also Mustafa (aka Abu Hamza) v United Kingdom  52 EHRR SE11; Hamza v SSHD  EWHC 2736 (Admin); Mustafa (aka Abu Hamza) and others v United Kingdom  56 EHRR 1.
Hungary v Fenyvesi  4 All ER 324; Davis v Spain  1 WLR 2593 – Ben appeared for the appellant in the leading case on the admission of fresh evidence in statutory extradition appeals.
R (Hilali) v Governor of Whitemoor Prison  1 AC 185 – Acted for alleged 9/11 co-conspirator in a post-extradition habeas corpus application in the Administrative Court and the House of Lords.
See also R (Hilali) v City of Westminster Magistrates’ Court  1 WLR 241
Inquest into the death of David Sycamore (Deceased)  Ben appeared for two teams of firearms officers before the Coroner for Surrey, Michael Burgess – Sycamore brandished a replica firearm at police officers on the steps of Guildford Cathedral and was shot by marksmen.
Clayton v Chief Constable of Cumbria Constabulary (IPT 03/32/H 14th November 2006) – Acted for Complainant in before the Investigatory Powers Tribunal where fundamental questions as to the jurisdiction of the IPT to hear complaints of breaches of Article 8 rights by private enquiry agents investigating fraudulent insurance claims.
R (Serious Fraud Office) v Nigel Heath (Birmingham Crown Court, 2006) – Ben acted for former solicitor Nigel Heath accused of conspiracy to corrupt the United States Attorney-General after losing his investment in the Vavasseur ‘Ponzi’ fraud.
R (RCPO) v Ian Leaf (Southwark Crown Court, November 2005) – Acted for Ian Leaf following his extradition from Switzerland in the Inland Revenue prosecution for fraudulent trading. Ian Leaf was alleged to have been responsible for the largest single fraud on the Inland Revenue; the corporation tax lost or reclaimed said to have been over £98 million.
R (Serious Fraud Office) v Larry Trachtenberg (the Maxwell case) – As an employed barrister, Ben acted as de facto second junior for the duration of the 9-month trial before Phillips J (as he then was) which concluded in January 1997.