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.

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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

  • Defence to claim under Equality Act 2010 against well-known online money transfer business; defence of “information society service provider”
  • 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 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.
  • (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:

  • Harrison – claim for forfeiture of valuable long lease of flat in south London; settled at door of court for £26,000 + costs
  • 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 work includes serious road traffic, construction site and workplace accidents, and inquests.

Ben is instructed by shipowners and by injured people in claims relating to incidents at sea and overseas, recent cases including:

  • Serious back injury sustained by marine salvage worker in South African coastal waters: settled at JSM
  • Claim in England under Portuguese law against uninsured English owner of Algarve villa
  • Claim by merchant seaman for back injury caused by collapsing tractor seat installed on bridge of cargo ship in English Channel
  • Claims by stevedores against the Ports of Felixstowe and Southampton, and against Maersk Shipping Lines
  • Slip on dock at Medway Port
  • Claims by BP employees arising out of attack on Algerian gas facility
  • Brain injury sustained by English passenger in car being driven in South Africa by English driver
  • Litigation arising out of negligent handling of ferry on Manchester Ship Canal
  • Collision on the River Thames involving a Thames Clipper
  • Claim against Royal Navy arising out of offshore helicopter exercise
  • Slip on Royal Fleet Auxiliary ship in Caribbean
  • Fall on Woolwich Ferry
  • Claim arising out of negligence of Southampton mooring launch driver
  • Various pieces of litigation involving accidents on cruise liners

 

During 2019 Ben has assisted with two catastrophic injury cases:

  • Serious brain injury claim against insolvent Danish insurer; advising on service
  • Assisting with witness statements in £20m obstetric negligence hypoxic brain injury case

 

He has also recently advised on the following serious injury cases:

  • Settling £1m+ schedule of loss in fatal case arising out of terrorist attacks in Algeria
  • £1m+ schedules in chronic pain, serious lower back injury and construction site lower limb cases

 

Ben has a busy court practice and has extensive experience of advocacy in a number of different forums. He can help with issues arising out of insolvent defendants / questionable insurance cover, companies, capacity to sue, quantum in high-value and fatal cases, limitation, assaults, psychiatric injury, the MIB and liability under EL regulations. He edits the RTA chapter in APIL Personal Injury and is a junior editor of Kemp & Kemp.”

Clinical Negligence

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

  • Diathermy probe negligently causing burn to ureter during gynaecological surgery
  • Various assault claims by nurses and other healthcare professionals
  • Negligent management of rare genetic disorder causing brain injury and death
  • Failure to diagnose cancer: claim against histopathology department
  • Post-partum management of episiotomy wound
  • 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
  • Various GP cancer non-referral 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.

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