Ben Bradley KC took silk at age 40, having previously been recommended as a Band 1 leading junior.
He acts for both Claimants and Defendants in clinical negligence and personal injury cases where individuals have suffered life changing injuries.
His personal injury practice covers a range of niche areas of expertise, including aviation accidents, equestrian accidents, injuries arising from sport and cross-border litigation (including significant experience of representing foreign nationals who leave the UK jurisdiction following catastrophic injury).
His clinical negligence practice covers all areas of medicine. He has particular expertise in birth injury, adult brain injury; spinal injury/cauda equina cases; and amputation cases.
The legal directories endorse his technical and client care skills. Ben is described as being “quite simply outstanding”. He is known as being a “fierce litigator [with] a good eye for the detail” whilst equally putting “claimants and experts at ease”.
In recent years, he has recovered in excess of £50m for Claimants as well as defending multiple catastrophic injury claims on behalf of Defendants.
Ben’s personal injury practice mostly focuses on spinal cord injury, brain injury and amputation cases.
He also practises across a range of niche specialisms. He has been involved in ground-breaking litigation in cases involving historic sexual abuse (particularly in sporting contexts). He has represented some of the leading race trainers in the country defending personal injury cases brought against them following riding accidents. He has appeared in the House of Lords/Supreme Court on 3 separate occasions.
Ben has represented numerous foreign nationals who have suffered catastrophic injury in the United Kingdom, before seeking to return home for their care and rehabilitation. He has recovered significant damages (including on a PPO basis in local currency and/or adopting a more advantageous discount rate) for such Claimants, structured in such a way to minimise the additional economic and currency risks which may arise from living outside the UK.
ZSA v AAA [2023] EWHC 2977 (KB)
Significant 7-figure plus PPO settlement for foreign national injured in the UK. PPO paid in local currency index linked to local wages index. With Christopher Wilson-Smith KC. Instructed by Barratts.
Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15; [2021] EWCA Civ 356
Supreme Court and Court of Appeal decisions reviewing vicarious liability of the Jehovah’s Witnesses for acts of abuse committed by an Elder on an adult. With James Counsell KC. Instructed by Bolt Burdon Kemp.
TVZ and others v Manchester City Football Club Limited [2021] EWHC 1179 (QB); [2022] EWHC 7 (QB)
Alleged vicarious liability for significant acts of abuse committed by Barry Bennell.
2 day interlocutory application before Cavanagh J addressing inter alia admissibility of the facts surrounding a compensation scheme (in the context of waiver of privilege) and the findings of internal/external investigations relating to the index abuse. 6 week trial followed. With James Counsell KC. Instructed by Bolt Burdon Kemp.
McPherson v Smith [2018] EWHC 1433 (QB)
Successfully established primary liability against Defendant driver, who turn right across the Claimant motorcyclist’s path. The Claimant suffered catastrophic spinal injuries as a result. Beat Part 36 offer made on the issue of liability. Instructed by Stewarts.
Young v AIG Europe [2015] EWHC 2160 (QB); J.P.I. Law 2016, 1, C34-C36
C suffered Spinal Cord Injury in RTA causing paraplegia; followed by a stroke some weeks later. The issue was as to whether the stroke (causing hemiparesis) was caused by the index accident. With Gerard McDermott KC. Instructed by Stewarts.
A v The Trustees of the Watchtower Bible & Tract Society [2015] EWHC 1722 (QB); [2016] EWCA Civ 1026
First historic sex abuse claim to be brought against the Jehovah’s Witness Organisation. Ten day trial undertaken with James Counsell KC. Judgment was entered for the Claimant. The Defendant’s application for permission to appeal was refused by the Court of Appeal, following (unusually) contested oral argument. Ben acted alone in the Court of Appeal. Instructed by AO Advocates.
AXM and others v Chelsea Football Club
Acting for four claimants severely affected by racist abuse by youth coach and development manager when playing for Chelsea’s youth teams. Claims compromised successfully. With James Counsell KC; instructed by Bolt Burdon Kemp.
Re: IXH
£2.3m lump sum settlement for individual who sustained significant brain injury in Cyclist vs HGV collision. Settlement Approved by the High Court. Instructed by Stewarts.
RE: XXX
Significant 7-figure settlement in an abuse claim. Instructed by Irwin Mitchell, Birmingham.
Re: CX
£14m lump sum recovered on behalf of a child Claimant who suffered catastrophic brain injury in an RTA. Led by Christopher Wilson-Smith KC and instructed by Stewarts.
Re: GHI
Settlement worth in excess of £16m capitalised with a liability discount (equivalent of c.£20m on a full liability basis) for an adolescent Claimant who suffered catastrophic brain injury in a RTA. With Eliot Woolf KC. Instructed by Scott-Moncrieff and Associates.
Re: MXH
Settlement worth c.£10m capitalised for an individual who suffered serious brain injury in an RTA. Complicating causation issues arising as a result of the Claimant’s pre-existing MS. With Gerard McDermott KC. Instructed by Stewarts.
Re: ZZZ
£1m settlement for an adult Claimant with pre-existing learning disabilities. Complex care claim which arose as a result of him suffering minor (though not inconsequential) injuries, along with the loss of his main carer in an RTA. Instructed by Stewarts.
Ben’s clinical negligence practice exclusively focuses on serious injury work, spanning across all areas of medicine. He has particular expertise in birth injury, adult brain injury; spinal injury/cauda equina cases; and amputation cases. Ben also receives regular instructions from the major Medical Defence Organisations, with a particular expertise of representing medical practitioners at Inquests, and in civil proceedings.
He goes to trial regularly; succeeding for Claimants on liability, variously in amputation; brain injury; spinal injury and urology cases in recent years. The directories frequently praise his ability to “simplify the most complex medical cases” (Chambers & Partners, 2023) whilst retaining his ability to act as “a fierce litigator…[with] a good eye for the detail” (Chambers & Partners, 2024). His client care skills are well recognised, being described as someone who will “put clients at ease” (Chambers & Partners, 2023) and who “relate[s] well to his clients regardless of their intellectual ability” (Chambers & Partners, 2020).
MJF v Birmingham Hospitals NHS Foundation Trust [2024] EWHC 3156 (KB)
Successfully represented the Claimant following a liability only trial. Claimant found to have suffered significant loss of function (secondary to hypoxic brain injury) following negligently performed PEG procedure, which led to necrosis of the stomach wall and frank peritonitis. Instructed by Irwin Mitchell LLP.
Younas v Okeahialam [2019] EWHC 2502 (QB)
Listed as one of Nigel Poole KC’s top 5 clinical negligence cases of 2019. Successfully established liability at trial in a complex mixed cardiology/spinal cord injury case. Instructed as sole counsel by Stewarts.
JAH v Burne and others [2018] EWHC 3461 (QB)
Successfully established causation in respect of the loss of the Claimant’s arm. With Gordon Bebb KC. Instructed by Wolferstans.
Downing v Peterborough & Stamford NHS Trust [2014] EWHC 4216 (QB)
Claimant suffered debilitating chronic pain following an operation to (allegedly) cure his snoring. Quantum only trial. The Claimant received a £2.4m award (on a full liability basis; discounted to reflect previously agreed liability discount, based on 2.5% discount rate). Compromised in part on appeal thereafter. With Harry Trusted. Instructed by Scott-Moncrieff and Associates.
Re: NC
Significant 7-figure settlement following delayed transfer to hospital by the Ambulance Service following diagnosis of cauda equina syndrome and then mismanagement of the condition upon arrival at a specialist centre. Acted alone against Leading Counsel. Instructed by Stewarts.
Re: XXX
Acting for the Defendant in high value case following delayed diagnosis of carcinoma of the appendix. Discussions surrounding the viability of a significant claim for Lost Years. Instructed by Browne Jacobson.
Re: CF
High six-figure settlement following untimely diagnosis of cauda equina syndrome. Instructed by Stewarts.
Re: RE
Significant liability settlement following delayed diagnosis of cauda equina syndrome. With Eliot Woolf KC. Instructed by Stewarts.
Re: AD
Liability and subsequent seven figure quantum settlement for individual who suffered catastrophic brain injury secondary to a myocardial infarction. Alleged that C should not have been discharged from hospital following initial myocardial infarction and that had he remained in hospital he could have been resuscitated without complication. Instructed by Irwin Mitchell.
Re: AL (Deceased)
Fatal claim, following open heart surgery. Represented the family at both a high profile inquest; and thereafter in civil proceedings. Complex quantum issues – Deceased had significant and complex pensions. Acted alone against Leading Counsel. Settled for significant six-figure sum. Instructed by Stewarts.
Re: ML
Above knee amputation. Instructed as sole counsel; significant seven-figure settlement. Instructed by Irwin Mitchell LLP.
Re: DR
Below elbow amputation. Settled for £1.5m. Instructed by Irwin Mitchell LLP.
Re: SG
Catastrophic quadriplegia claim in young adult. Patient ‘coned’ following lumbar puncture. Liability settled on a percentage basis. Quantum settled thereafter at a capitalised sum in excess of £20m (if valued on a full liability basis). With William Latimer-Sayer KC. Instructed by Stewarts.
Re: AE
Catastrophic spinal cord injury claim. Failure to diagnose vertebral fracture in A&E, resulting in the patient being allowed to mobilise, suffering a spinal cord injury thereafter. Settled for capitalised value of c.£8m. With Gerard McDermott KC. Instructed by Stewarts.
Ben has undertaken cross-jurisdictional personal injury work since he started at the Bar, managing hundreds of group actions against major tour operators in the process. He has now changed the emphasis of his Travel practice, focusing upon higher value cross-jurisdictional work.
Ben acted for over 1,000 Indian Nationals who variously suffered injuries whilst being exposed to mercury in thermometer factory; he also acted for a number of Indian Nationals who suffered serious injuries in a Road Traffic Accident whilst visiting the UK.
He continues to act in clinical negligence cases where individuals either reside overseas, (and have been injured in the UK), or where UK residents have been subjected to clinical negligence abroad.
Ben is an avid Aviation Enthusiast, holding both a UK PPL (with associated IR(R) and Night Ratings) and a South African Foreign Licence Validation. He is frequently instructed to advise on liability disputes arising from general aviation accidents. He is currently retained to advise on a number of high profile and high value aviation accident cases.
M40 Litigation
Acted for 7 Indian Engineers who were injured in a high speed RTA. Complex cross-jurisdictional issues. Travelled to India to assist with quantum investigations. Settled following a 2-day mediation; complex cross-jurisdictional quantum issues, including arguments about the applicable discount rate, where injured individuals now reside overseas. With Gerard McDermott KC. Instructed by Stewarts.
Voyager Litigation
Acted for a number of servicemen and women who suffered career ending injuries, following an adverse incident on an RAF Voyager aircraft. Acted alone against Leading Counsel. Instructed by Bolt Burdon Kemp.
Re: XXX
Successfully acted for Claimant injured following an engine failure and poorly executed autorotation landing in a helicopter accident. Instructed by Irwin Mitchell.
Re: ZZZ
Successfully acted for Claimant following an engine failure in a fixed wing aircraft and subsequent allegedly poorly executed forced landing, resulting in fatal injuries.
Ben undertakes public law work, particularly in relation to medical and healthcare matters. He has extensive experience of Inquisitorial Proceedings; both advising on and appearing in Judicial Reviews in relation to coronial decision making.
Ben is one of the few practitioners in the country who is able to combine his extensive clinical negligence/personal injury experience with expertise in contempt proceedings. He is regularly instructed to provide advice and representation in cases where findings of fundamental dishonesty have been made in previous civil proceedings.
R. (on the application of Parkin) v HM Coroner for Inner London (East) [2024] EWHC 744 (Admin)
Judicial Review of an Assistant Coroner’s decision that it was unnecessary to hold an Article 2 Inquest.
The Deceased, a known hoarder, died in a house fire, having likely disposed of a cigarette unsafely.
Questions arose as to whether (1) an NHS Trust had ‘assumed responsibility’ for the Deceased given the nature and extent of their previous contact, and if so (2) whether they owed an operational duty towards her under Article 2 ECHR to take steps to safeguard her life.
Ben, acting on behalf of the NHS Trust successfully led the defence of the action where the Coroner took a neutral position. Instructed by Kennedys.
Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB)
Consideration of the legal approach to apply in Contempt Proceedings, where it is alleged that the Defendant deliberately interfered with the administration of justice. Instructed by Janes Solicitors.
Ben Bradley KC is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.
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