Fraud
Serious Fraud Office v Baird [2011] EWCA Crim 459: Counsel for the SFO in an appeal against an 18-month sentence for breach of a restraint order in the context of boiler room fraud. Ben successfully persuaded the court to distinguish between coercive and punitive or deterrent sentences. Those in the latter category will ordinarily not attract sentences in excess of 15 months in the event of a plea. In this case the Court of Appeal ruled that full discount need not be given when the primary reason for imposing the sentence is to promote compliance with the Court's earlier order.
Serious Fraud Office v O’Brien [2011] (Old Bailey and Court of Appeal) Counsel for the SFO - the application of the rule of specialty in extradition to civil contempt in the context of fraud.
Operation Ernest [2009-2011] Crown Counsel instructed in an ongoing four-handed £110 million factoring fraud regarded as the biggest factoring fraud in UK history. The fraud involved the drawing down of monies through complex preference share transactions.
Operation Valgus [2009-2011] Crown Counsel currently instructed in a 14-handed mortgage fraud involving over 800 mortgages.
Operation Compost [2009-2010] As Defence Counsel, Ben secured the acquittal of the director of several allegedly fraudulent companies, on all charges following a complex three month trial at Liverpool Crown Court. The investigation commenced in 2006, charges of conspiracy to evade excise duty on diesel fuel and money laundering followed with the case concluding successfully for the Defence in November 2010.
Operation German Cars [2009-2010] Leading Counsel for the Crown in multi-jurisdictional car cloning fraud, involving high-end German cars.
Chesney’s Ltd v F & C [2009-2010] Counsel for 1st Defendant in alleged High Court Civil fraud by company finance director.
Regina v Mount [2008-2010] Leading Counsel for defence in multimillion pound mortgage fraud.
Consumer and restraint law
DBIS v Rees [2011] Leading Defence Counsel in criminal proceedings involving the alleged breaches of a director’s disqualification order in the context of two separate companies.
Merton, LBC v Sinclair Collis Ltd [2010] EWHC 3089 (Admin); [2010] WLR (D) 286; [2010] All ER (D) 68 (Nov) Ben and Edward Jenkins QC appeared for London Borough of Merton (instructed by Head of Civic and Legal Services, Merton London Borough Council). They successfully argued that, notwithstanding the civil complaint procedure embodied in s 7(2) of the Children and Young Persons Act 1933 (as amended) a sale of tobacco to a person under the age of 18 through a cigarette vending machine was capable of being an offence contrary to s 7(1) of the 1933 Act.
Operation Citrus / Bedford County Council v M [2011] Restraint and Management Receivership Counsel in multimillion pound advance fee / consumer fraud.
Operation Cantonese [2007-2011] Counsel for Merton LBC and the Central Fraud Group in successful prosecution of three men for conspiracy to defraud through betting tipster and advance fee frauds relating to bloodstock.
Merton, LBC v Tesco Counsel for Local Authority in food safety case against Tesco, concerning its flagship store in New Malden, resulting in its highest fine ever for a food-safety offence.
Asset Recovery Agency v Green [2005] EWHC 3168 (Admin); Times, February 27, 2006 Counsel for Respondent in largest civil recovery case of all time. Leading case defining “criminal property” in restraint (Part 5 of POCA).
Local Authority
Coventry City Council v Vassell [2011] EWHC 1542 (Admin), instructed by Gary Lesin-Davis of EAD Solicitors, Ben recently appeared for the successful Respondent in an appeal by way of case stated. The case concerned section 112(1A) of the Social Security Administration Act 1992. The High Court (Hickinbottom J) held that:
(i) “prompt notice” would not require a conditional prospective change in circumstances to be notified to a local authority;
(ii) “failure” to give prompt notice in paragraph (d) required mens rea (i.e. knowledge);
(iii) furthermore, the local authority is required to provide a benefit claimant with relevant
information on how to notify a change of circumstances in clear terms or, as here,
the actus reus will not be made out; and
(iv) the local authority has to prove that the benefit claimant knew that the change in
circumstances would (and not merely could) affect his entitlement to benefit for the
offence to be made out.
Trade Marks
Herts CC v E [2011] Counsel for Defence in trade mark and copyright case concerning the distribution of T-shirts at Nebworth. Legal argument concerning the definition of distribution led to the Prosecution abandoning the copyright allegations.
Regina v Thompson [2006] EWCA Crim 3058: Counsel for Appellant in regulatory appeal which settled the ‘average consumer’ test in trade mark infringement following Arsenal v Reed and R v Johnstone.
Regina v Isaac [2004] EWCA Crim 1082; 168 JP 417; (2004) 168 JPN 617; (2004) 27(6) I.P.D. 27, 064; Archbold 2009 7-53 Counsel for Appellant in leading criminal trademarks case, defining the scope of the essential elements of trade mark offences.
Appellate
Regina v AVN [2011] (CA) Crown Counsel for CPS Appeals Unit in appeal against conviction (guilty plea) on the basis of a breach of the Child Trafficking Convention.
Regina v Le [2011] (CA) Crown Counsel for CPS Appeals Unit in successful opposition to an application for leave to appeal against conviction (guilty plea) on the basis of a breach of the Child Trafficking Convention.
Regina v Guest [2011] EWCA Crim 1762 Crown Counsel for CPS Appeals Unit in appeal against sentence (IPP) for second child pornography offence in the notorious case involving teenager branded by the Telegraph as having the “biggest porn library in Britain”.
Regina v Birchwood [2011] EWCA Crim 431 Appellant’s Counsel led by Edward Jenkins QC in successful appeal against a 32-year tariff for financially motivated murder.
Regina v Thomas [2011] EWCA Crim Appellant’s Counsel for the first person to be extradited from Peru. T was tried in his absence whilst remanded in custody pending extradition.
Regina v Dastjerti [2011] EWCA Crim 365 Crown Counsel for CPS Appeals Unit in appeal based upon asylum seeker status of appellant.
AG's Reference 76 of 2009, Regina v Barkevicius [2009] EWCA Crim 2613 Counsel for Defendant in Attorney General’s Reference concerning death by careless driving whilst under the influence of alcohol. Sentence upheld on the ground of legitimate expectation- Prosecution indicated that it would not proceed by way of Attorney General’s Reference.
Regina v Hutchison [2008] EWCA Crim 1379 Counsel for Applicant in leading case where a judge errs in sentencing and adversely affects IPP release date.
Regina v R [2007] EWCA Crim 122: Counsel for Appellant in successful appeal against conviction and subsequent retrial of the first accountant to be charged with POCA offences; £45m confiscation proceedings.
Regina v Price [2006] EWCA Crim 972: Counsel for Appellant - the Halifax ‘IOU’ fraudster - in successful appeal against sentence in £10.3m fraud.
Regina v Lashley [2005] EWCA Crim 2016; [2006] Crim LR 83; Archbold 20094-268, 7-81; (2005) The Times, 28 September Crown Counsel in leading case concerning judge’s conduct.
Regina v Bryant [2005] EWCA Crim 2079; Cross and Tapper on Evidence, 11th ed., p305; Criminal Procedure, Sprack, 11th ed., 9.23; [2005] 9 Archbold News 3; Archbold 2009 7-81 Crown Counsel in leading case concerning judge’s conduct.
Regina v Davies [2004] EWCA Crim 1126, LTL 23/4/2004: Crown Counsel in leading case concerning inconsistent verdicts as between defendants.
Regina v Blows (2004 CA): Crown Counsel in case concerning alcoholic amnesia and inconsistent verdicts.
Regina v Cadette [2004] EWHC 2661 (QBD) (Richards J): Counsel for Defendant in leading case concerning the preferment of a voluntary bill of indictment in section 51 Crime and Disorder Act 1998 cases.
Judicial review
R (Rivett) v Attorney General, DPP, Legal Services Ombudsman, the Solicitors’ Regulation Authority and Hatch Brenner LLP [2011] Counsel for the DPP in successful dismissal of claim for Judicial Review by a solicitor against whom the CPS had offered no evidence in criminal proceedings.
R (Saleh) v Redbridge Magistrates’ Court and DPP [2011] Counsel for the DPP in application for leave to seek JR concerning a decision to lay fresh charges.
R (Ross and Tuthill) v Newark Magistrates’ Court and CPS [2011] Counsel for the CPS in successful dismissal of claim to proceed to JR in relation to hunt-saboteurs arrested and charged on the basis of their failure to provide personal details on request by the Police.
R (Drinkwater) v Solihull Magistrates’ Court and CPS [2011] Counsel for the CPS in ongoing claim for JR concerning an application to proceed in the absence of a defendant in a part-heard trial.
Miscarriages of justice
Re D [2011] ongoing miscarriage of justice case concerning Bulgarian national wrongfully convicted of murder in Canada.
Re Colin Stagg [2008] Home Office: Ben secured £706,000 in compensation for Stagg’s wrongful arrest in the murder of Rachel Nickell on Wimbledon Common.
Serious crime
Regina v B [2009-2011] Financially motivated murder of wife by assassin.
Regina v E [2011] Defence Counsel for a man labeled “the biggest drug dealer in Wales” by the Prosecution in a multi-national drug dealing conspiracy.
Regina v F [2009-2010] Defence Counsel in conspiracy to cause arson with intent to endanger life through a campaign of petrol bombing.
Regina v I [2009] Defence Counsel for man facing multiple rape and other sexual allegations in case which was stopped following a submission of no case to answer based upon a honeytrap defence.
Regina v Batchelor [2009] Defence Counsel with Denis Barry for a man known as the Glasgow Goldfinger and the Menace of Mayfair in an early case involving a Serious Crime Prevention Order.
Seminars
Trading Standards Conference 2011- Ben with Edward Jenkins QC delivered a talk entitled Low cost RESA 2008- Low Cost Regulation.
Trading Standards Conference 2010- Ben and Denis Barry delivered a talk concerning the Digital Economy Act 2010.