Expertise

Ben has a proven record of successfully litigating complex liability and quantum claims arising from road traffic accidents, employers’ liability, occupiers’ liability and military claims and is recognised for maximising damages recovery for technological advances.

Recognition

Chambers 2015 states that Ben “really pushes the boat out for clients”. He is described in Chambers 2014 as “absolutely fantastic – one of the most committed lawyers I’ve worked with”.

Experience

Cases on which Ben has advised claimants include:

  • Astrit Tafa v Matsim Properties & Ors, which resulted in piercing the corporate veil so as to obtain judgment for damages against a director of a company. This was vitally important because the company was uninsured but the director was personally wealthy.
  • The high-profile case of Robert Uren v (1) Corporate Leisure (UK) Limited (2) Ministry of Defence, resulting in judgment for damages against both defendants on a 100% basis for the serious spinal injuries that the claimant suffered as a result of diving into an inflatable pool during an “It’s a Knock Out” style event.
  • Dale Messenger v Ministry of Defence – acting on behalf of a serviceman who suffered serious spinal injuries during a live ammunition training exercise in the Falkland Islands. The claimant recovered 100% damages including in excess of £550,000 to cover the cost of an Ekso GT exoskeleton with its replacement and associated costs over the course of his lifetime, a first in this jurisdiction.
  • Barnes v (1) David Ord (2) EUI Ltd (trading as Admiral Insurance). This case was a worldwide first (according to REX Bionics), as damages were recovered to cover the cost of a REX exoskeleton walking device for home rehabilitation, its replacement and associated costs over the claimant’s lifetime.
  • Mark Polllock v (1) Enda Cahill (2) Madeline Cahill, an important case in the field of domestic occupiers’ liability. Damages were recovered on a 100% basis for a blind claimant who was rendered paraplegic when he fell from the window of a second-storey bedroom. It was established at trial that the window had been left open by the defendants without them giving the claimant any warning that they had done so.

 

Career

Ben was educated at St Joseph’s College, Ipswich and Colchester Royal Grammar School. He obtained a Law degree from the University of Bristol before completing the Legal Practice Course (with commendation) from Nottingham Trent University. Ben qualified in 1999, specialising in claimant personal injury with a well-respected east London firm before moving to Stewarts at the beginning of 2006. He became a partner in May 2010.

Accreditations and Memberships

  •  Association of Personal Injury Lawyers (APIL)
  •  APIL Special Interest Groups – Brain Injury, Spinal Cord Injury, Damages, Costs & Funding and Military
  •  APIL Senior Litigator

Publications

Ben was interviewed by BBC Radio Kent on the Sheppey Crossing crash in September 2013 and appeared on Channel 5 news and News at 10 in respect of a client of Stewarts.

He spoke at the APIL Conference in 2016, introducing his client Mark Pollock who spoke to the conference about “Life after injury”.

He gives regular presentations on exoskeleton technology, including at Therapy Expo at the NEC at the end of 2016.

He has contributed to APIL PI Focus magazine, co-authoring an article entitled An Unusual Case about the Pollock case that appeared in the September 2016 edition.

Personal

Ben is a keen rugby player and supporter and member of Maldon Rugby Football Club. He also enjoys walking, gardening and travel.