Ben Bradley

Call date: 2007

Email: Ben Bradley

Clerk: Graham Woods

Areas of Law:	Specialist Crime, Clinical Negligence, Public Law, Personal Injury, Employment & Discrimination, Disciplinary & Regulation

Practice summary

Benjamin Bradley practises primarily in the fields of medical law (including clinical negligence), personal injury, crime, public law and employment law.

Ben’s medical law practice encompasses clinical negligence matters; disciplinary work before professional misconduct tribunals; inquests; and public law applications in respect of medical treatment. In clinical negligence actions, he acts for Claimants and Defendants, on high-value catastrophic injury cases with leading counsel, as well as acting alone, providing advice on both liability and quantum in lower value claims.

Ben’s personal injury practice almost exclusively relates to work allocated to the multi-track. He appears regularly on behalf of both Claimants and Defendants in all aspects of personal injury work, including industrial disease and employers’ liability claims. He holds a niche specialism in the field of travel law, where he has sole conduct of in excess of 100 ongoing (group) actions in respect of injuries or illness suffered abroad. He is the co-author (with Charles Foster) of the APIL Guide to Tripping and Slipping Cases.

In the field of employment law, Ben has experience of matters relating to Disability Discrimination, Sex Discrimination, Equal Pay, TUPE, wrongful and unfair dismissal, acting for both Claimants and Respondents alike. He has appeared at numerous multi-day final hearings. He is standing counsel to the British Association of Journalists.

Ben’s criminal and public law work crosses over with his other principal areas of practice. He continues to prosecute on behalf of the RSPCA and represents medical practitioners during the early stages of criminal proceedings. He has significant experience of successfully cross-examining expert witnesses at trial and at inquests. He frequently advises on high value matters under the governance of the Criminal Injuries Compensation Authority and Armed Forces Compensation Scheme (including giving advice on the merits of applications in respect of judicial review). His knowledge and experience of medical and discrimination cases equips him to deal with matters before various education tribunals (including University Disciplinary Hearings, and hearings before Special Educational Needs Tribunals). He appeared as junior counsel on behalf of the intervener in the landmark case of R (on the application of Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] UKHL 45, constructing submissions on the application of Articles 2 and 8 ECHR in the context of the criminal offence of assisted suicide.

Publications

Charles Foster and Ben Bradley, APIL Guide to Tripping and Slipping Cases (Jordans Publishing - 2010)

A selection of recent cases

R (on the application of Purdy) v Director of Public Prosecutions [2009] EWCA Civ 92; [2009] UKHL 45
Assisted suicide – Territorial Jurisdiction
Instructed as junior counsel by Penningtons, Basingstoke, to appear on behalf of the intervener.
Landmark case as to whether the DPP was obliged to promulgate a policy in respect of his criteria for deciding whether or not to prosecute somebody for an offence under s 2(1) Suicide Act 1961.

Issues arising in respect of territorial jurisdiction/cross-border criminal acts.

Re MC
Instructed by Irwin Mitchell, London

Acting on behalf of a victim of the London 7/7 bombings, in her application for review of the CICA’s initial award. The Claimant suffered serious psychological injuries, by reason of the terrorist attack. The claim is of significant six-figure value.

Re GA
Instructed by Irwin Mitchell, London
Advice in respect of an award made under the Criminal Injuries Compensation Scheme. Final award made in the sum of £389,515.