Ben Ben

Barrister: Ben Rodgers

Call:
2007

Education:
Major Scholar & Duke of Edinburgh Exhibitioner, Inner Temple; LLB (City University); BA (Bristol University)

Overview:

Ben is a civil litigation and personal injury lawyer with skills across several areas.  He combines an eye for detail with a passion for advocacy.

Problems he can help with include cross-border litigation, insolvent defendants / suspect insurance cover, companies, capacity to sue, quantum in high-value and fatal injury cases, limitation, assaults, psychiatric injury, the Motor Insurers Bureau and road traffic insurance.  He edits the RTA chapter in APIL Personal Injury and is a junior editor of Kemp & Kemp.

Ben combines this technical expertise with his extensive experience of advocacy in a number of different forums, gained over 13 years of practice in a busy common law set.

Ben frequently pleads and appears in cases within the jurisdiction of the Admiralty Court, instructed both by shipowners and injured crewmen, officers, stevedores, passengers and others.  Recent cases include:

  • Collision on car deck of Channel ferry
  • Defending claim against shore-based recruiter by cable-layer plough driver claiming to be employee
  • Claim by powerboat driver injured off Mumbai during a race
  • Serious back injury sustained by marine salvage worker in South African coastal waters
  • Claims by stevedores against the Ports of Felixstowe and Southampton, and against Maersk
  • Litigation arising out of negligent handling of ferry on Manchester Ship Canal
  • Claim against Royal Navy arising out of offshore helicopter exercise
  • Claim by seaman injured aboard Royal Fleet Auxiliary ship in Caribbean
  • Claim against operator of the Woolwich Ferry
  • Claim arising out of negligence of Southampton mooring launch driver
  • Various pieces of litigation involving accidents on cruise liners

Ben lectures on cross-border personal injury litigation, jurisdiction and choice of law.  Recent travel law cases include:

  • Claim by English employee arising out of accident in Northern Ireland
  • Claims by BP employees arising out of attack on Algerian gas facility
  • Claim in England under Portuguese law against uninsured English owner of Algarve villa
  • Brain injury sustained by English professional footballer in car being driven in South Africa by English driver

Ben has a busy practice in domestic personal injury litigation.  Much of this involves unpicking the details of complex construction site and industrial accidents, frequently involving workers who cannot give instructions in English.  He is skilled in RTA liability and insurance.  Much of his time is taken up with advising and drafting schedules of loss in claims worth £250,000 to £1.5m and he has advised on aspects of much higher-value claims.

Ben also accepts instructions in clinical negligence cases, the following being a sample of his recent work:

  • Diathermy probe negligently causing burn to ureter during private gynaecological surgery
  • Failure to diagnose cancer: claim against private histopathology department
  • Failure to diagnose slipped upper femoral epiphysis leading to hip replacement at age 17
  • Maternal death in labour due to failure to infuse blood clotting products
  • Premature discharge of dialysis patient with dangerous hypertension and cerebral aneurysm
  • Assault on HCA by unmanageable patient
  • Negligent management of rare genetic disorder causing brain injury and death
  • Causation of stroke following 4-year delay in referring to tertiary centre
  • Psychiatric injury caused by cuddling wrong body in hospital mortuary
  • Accidental partial thyroidectomy
  • Delay in diagnosing ophthalmic injury (idiopathic choroidal neovascular membrane)
  • C2 vertebral fracture caused by osteopath’s high velocity manoeuvre
  • Care home’s failure to monitor bedsores
  • Nursing / care home’s failure to prevent fatal accident to demented patient / resident
  • Eye injury caused by GP’s use of silver nitrate to cauterise facial wound
  • Hospital prematurely discharging patient who died within an hour of returning home

Ben regularly acts for bereaved families at inquests into workplace, hospital and road traffic deaths, and is familiar with the extreme pressures which these hearings place on relatives of the deceased.  The stress is particularly acute in the case of hospital inquests, where the family usually requires insulation from the trust’s understandably anxious employees.  Ben has seen inquests from the other side too, representing local authorities, major public companies and witnesses before the coroner.  Ben wrote the chapter on inquests in the 9 Gough Chambers book, Clinical Negligence Claims (second edition).

Ben has a growing practice dealing with the negligence of professionals in the above fields.

Bar Standards Board registered name: Benedict James Rodgers.

VAT: 947 1118 24

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Dispute Resolution:

Ben also welcomes instructions in business and property cases.

His experience of business cases includes disputes about title to goods, building and IT disputes and claims for agents' fees.  Recent cases include:

  • Trial of claim by commercial landlord for miscalculated water charges
  • Defence to claim under Equality Act 2010 against well-known online money transfer business; defence of “information society service provider” led to claim being discontinued
  • Trial of £90,000 computer services contract dispute
  • Trial of £20,000 claim for monies owed pursuant to agreement terminating a partnership in a restaurant
  • Representing estate agent at trial of its successful claim for commission
  • Advice on claim against British Gas for defective installation of boiler
  • A Ltd v M Ltd: Defending medical reporting agency against claim for unpaid fees by a psychologist who had charged £18,000 for a straightforward neuropsychological report.
  • Imperial Carriages v Howell: Conversion of high-value car; SOGA 1979 ss.23 and 25; good faith.
  • National Society for Epilepsy v S: Representative actions, unincorporated associations, costs orders against non-parties.
  • L v H: Charging orders, post-judgment interest and the applicability of s.130A Consumer Credit Act 1974.
  • H B Ltd: Defendant's duty of disclosure in a claim under the Commercial Agents (Council Directive) Regulations 1993.
  • ST v Hockey: Enforcement of complex compromise agreement. Estate agent had accepted a new sole agency agreement in part-compensation for D's admitted breach of an earlier sole agency agreement. D breached the new agency agreement.

His construction experience started with being sole counsel for the Defendant builder in (1) Sunshine Ventures Ltd (2) Rashmi Thakar v Hussein Kurdieh [2009] EWHC 2866 (QB), where the High Court accepted his submission that the clients had wrongfully repudiated the building contract.

In property litigation, Ben has experience of a range of disputes including possession against tenants, trespassers and mortgagors; disrepair; unlawful eviction; service charges; boundary disputes; rights of way; commercial tenancy renewals; and Party Wall Act 1996 appeals.  Property cases include:

  • Claim for forfeiture of valuable long lease of flat in south London; settled at door of court
  • Advising on a proposed claim for damages arising out of a building authority's alleged negligence in supplying certificates of compliance with building regulations.
  • Renewal of commercial tenancy in Paddington; full contested hearing at Central London County Court.
  • C v M: A dispute over a right of way and a boundary following a sale of land to a neighbour.
  • J v B: A right of way dispute between neighbours over a shared driveway.
  • X v Y: Party Wall Act 1996, appeal to the county court pursuant to s.10(17).
  • Keen & Seaforth v MacKenzie: Represented the successful landlord in a trial of a claim for unlawful eviction.
  • Elers v Hamoudi: Boundary dispute trial where the issue finally was liability for costs, the defendant alleging that the nuisance had been abated before proceedings began.

Contact us

For more information please call our clerks on
020 7832 0500 or Email »

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