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 practitioner with experience across a wide range of areas.

Most of his time is taken up with personal injury and clinical negligence work. He is a junior editor of Kemp & Kemp and has a particular interest in quantum cases. He has authored book chapters on inquests and workplace accidents.

In addition to personal injury and clinical negligence, Ben advises and represents clients in a broad variety of commercial, construction, police, professional negligence and property cases. These include building disputes, contractual disputes, property disputes, service charge disputes, trespass to goods, and general debt recovery and enforcement.

In his spare time, Ben is kept busy with his young family.

Bar Standards Board registered name: Benedict James Rodgers.

Privacy Notice

Click here to download.

Business:

Ben has a wide range of experience of contractual, commercial and construction litigation. His experience includes disputes about title to goods, building disputes and claims for agents' fees.

Recent Cases

  • 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.
  • (1) Sunshine Ventures Ltd (2) Rashmi Thakar v Hussein Kurdieh [2009] EWHC 2866 (QB): A 3-day High Court trial relating to repudiation of a building contract.

Property:

Ben has experience of a range of disputes involving property including:

  • Possession against tenants, trespassers and mortgagors;
  • Disrepair;
  • Unlawful eviction;
  • Service charges;
  • Boundary disputes;
  • Rights of way;
  • Commercial tenancy renewals;
  • Party Wall Act 1996 appeals.

Recent Cases

  • 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.

Personal Injury:

Ben's clients value his advice on technical points such as:

  • Insolvent defendants / insurance cover
  • Multi-party claims
  • Self-employed claimants
  • Limitation
  • Companies
  • Capacity
  • Conflict of laws
  • Identifying and calculating future loss
  • Landlords' liability
  • Construction site accidents
  • Liability of motor insurers / MIB
  • Product liability
  • Assaults
  • Psychiatric injury
  • Liability under EL regulations. 

He has always had a busy court practice and has extensive experience of advocacy in a number of different forums. He is also a junior editor of Kemp & Kemp.

Recent Cases

  • K v H Ltd: Construction site accident leaving claimant with supraorbital nerve damage and chronic pain. Diagnosis and prognosis disputed. Complex medical evidence. Settled at JSM for £150k.
  • Bissendary v Bissendary: Fatal accident claim with issues of RTA insurance and identifying the correct defendant.
  • Harvey v Nicholson: 17 year-old suffering a badly fractured wrist; unable to pursue intended career as general builder; future loss of earnings claim, Ogden 7 methodology. Schedule of loss totalled £400k.
  • Salami v F: Security guard assaulted by a court bailiff. Issues of trespass to land, self defence, bailiff’s authority to enter land, police disclosure. Settled on eve of trial.
  • Lloyd v B Care Homes: Defence of care home to claim by estate of late resident. Limitation, title to sue, rehabilitation of offenders, service of medical report with PoC.
  • Cohen v Ringway Jacobs: Claim by an elderly bus passenger injured when the bus braked precipitously due to a road sign blowing into the road; sparse evidence that the road sign belonged to the defendant; settled on eve of trial.
  • Appleton v Regard Partnership: Successful relief from sanctions application in a substantial (>£200k) claim; claim would have failed had relief not been granted.
  • Edwards v Classical Interiors: Successfully resisting strike-out application; defendant calling into question the truthfulness of the evidence given by a partner in a well-known law firm.
  • Thomson & Middleton v Chartis: Fatal accident case involving child claimants who lived in an several different households, and whose father was killed in a road traffic accident. Serious issues regarding insurance and identifying the correct defendant.
  • Robinson v ABC Building Maintenance: LVI appeal - "extremely clear and succinct submissions".

Clinical Negligence

The following is a sample of Ben’s recent clinical negligence cases:

  • 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
  • Psychiatric injury caused by hospital mortuary
  • 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
  • GP’s failure to refer for treatment of cancer
  • Hospital prematurely discharging patient who died within an hour of returning home

Ben regularly acts for bereaved families in inquests into hospital deaths. Recently Ben acted for the family in a case where the deceased had left a psychiatric hospital prior to admission and was found hung. There was a multi-day inquest over 2 years. The issues included whether the MHA 1983 complies with Article 2 ECHR. Ben drafted submissions to the coroner regarding a PFD report. The coroner made recommendations to the trust and to the Department of Health.

Ben wrote the chapter on inquests in the 9 Gough Square book, Clinical Negligence Claims.

Contact us

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

Follow us

twitter   linkedin   rss

Subscribe to our updates

Subscribe email

Search