MEET:
Ben Silverstone
"Outstanding both on paper and on his feet."
"Fantastically bright, able to grapple with immense detail and apply it to a bigger picture."
"He’s incredibly able, hard-working and very clever."
"He is super bright and has good judgement."
CHAMBERS UK AND LEGAL 500 (2021)
Ben has a broad practice specialising in media and information, public and human rights law. He is ranked in Chambers and Partners and in Legal 500 in (a) data protection, (b) defamation and privacy, and (c) media and entertainment.
Ben is a member of the Attorney General’s B Panel for Junior Counsel to the Crown. He was nominated as Defamation Junior of the Year at the Chambers UK Bar Awards 2016.
Ben has a broad practice in media and information law, with a particular expertise in data protection, defamation, breach of confidence, privacy and harassment claims and in related areas such as freedom of information, reporting restrictions, source protection issues, open justice and contempt of court.
Among the recent notable cases in which he has acted are the following:
- Banks v Cadwalladr: Defamation proceedings brought against prominent investigative journalist.
- Elphicke v Times Newspapers: Libel claim brought by a former MP.
- Stunt v Associated Newspapers: Court of Appeal decision on the journalistic exemption under the Data Protection Act 1998.
- Miller v Associated Newspapers: Decision of the Supreme Court on the recovery of additional costs in libel and privacy claims.
- PJS v News Group Newspapers: Supreme Court decision on an application to discharge a privacy injunction relating to a celebrity.
- Guardian News and Media & others v Incedal and another: Two Court of Appeal decisions on in camera hearings and reporting restrictions in a criminal trial.
- Vidal-Hall & others v Google Inc: Court of Appeal decision establishing that damages are available in data protection claims without proof of special damage.
Ben has a particular expertise in large-scale and group litigation. For several years he has acted as junior counsel for News Group Newspapers in the privacy claims managed together as the Mobile Telephone Voicemail Interception Litigation. He is also currently instructed for a large group of claimants in the British Airways Data Event Group Litigation. He previously represented over 100 claimants who brought defamation, data protection and conspiracy claims in the group litigation relation to the “blacklisting” of workers in the construction industry over the course of several decades.
Pre-publication advice
Ben has worked as a regular duty lawyer for the BBC, the Independent and the Observer. He has also provided ad hoc pre-publication advice to a number of media organisations as well as charities and NGOs.
Publications on media and information law
Online Publication Claims: A Practical Guide (Matrix, 2017; updated 2018): co-author of the chapter on identifying the proper defendant.
Human Rights Practice (Sweet and Maxwell, 2013); co-author of the latest update of the chapter on article 10: freedom of expression.
Ben’s practice in public and human rights law spans a range of work, including judicial review claims, civil actions against public and corporate bodies and Tribunal cases.
Recent significant cases in which he has been instructed include the following:
- R (Cornerstone) v Ofsted: Judicial review claim brought by an independent fostering agency in respect of an Ofsted inspection report, raising issues of discrimination and the right to freedom of religion.
- XYZ and others v Ministry of Defence: Claims brought in respect of alleged unlawful detention and mistreatment of Iraqi civilians during and after the 2003 Iraq War.
- R (Miranda) v SSHD: Court of Appeal decision that the power to stop, search and detain under the Terrorism Act 2000, Schedule 7 was incompatible with Article 10 ECHR.
- Allbutt v Ministry of Defence: Supreme Court decision establishing that combat immunity did not bar negligence claims relating to a death and injuries sustained on the battlefield
Publications on public and human rights law
Halsbury’s Laws of England, 5th edition: Rights and Freedoms (June 2013), sole author of the chapters on the right to liberty and the right to a fair hearing.
Children in Need: Local Authority Support for Children and Families (Legal Action Group, 1st edition, 2011; 2nd edition, 2013), sole author of the chapter on legal fundamentals.
Disabled Children: A Legal Handbook (Legal Action Group, October 2010), sole author of the chapter on welfare benefits.
Ben has a wide-ranging practice in public and private international law, as well as cases relating to other jurisdictions. As well as cases raising such issues in the English courts, he has been involved in constitutional appeals before the Privy Council (Trinidad & Tobago), the Caribbean Court of Justice and the Court of Appeal of Belize. He has also acted in numerous appeals in death penalty cases in the Democratic Republic of Congo, Kenya, Malaysia and Singapore. Relevant cases include:
- Gubarev v BuzzFeed Inc: Appeal of order for evidence to be given by deposition in a Florida defamation claim concerning the so-called “Trump dossier”.
- AAA v (1) Camellia plc (2) Linton Park Plc (3) Robertson Bois Dickson Anderson: claims brought by 85 Claimants alleging human rights abuses on a farm in Kenya.
- Ramdeen v Trinidad and Tobago: Decision of the Privy Council on the constitutionality of the mandatory sentence of death in Trinidad and Tobago.
- Fuller v Attorney General of Belize: Privy Council decision relating to extradition proceedings in Belize.
Ben is committed to protecting and respecting your privacy. In order to provide legal services to his clients, including advice and representation services, Ben needs to collect and hold personal data. This includes his client’s personal data and the personal data of others who feature in the matter upon which he is instructed. To read Ben’s privacy notice in full, please see here.
"Extremely bright, he knows media law inside-out and is incredibly thorough. He knows the points to fight and those to drop. Unflappable."
"He provides straightforward, clear advice on complex data protection and privacy issues which gets straight to the nub of the case."
"He is really a standout: he has encyclopedic knowledge of data protection, privacy and defamation." "He is a very approachable and responsive barrister, and has a great knowledge of the subject area." "He's strong on the media aspect of data protection work, and is a very intelligent advocate."
"A very practical and clever barrister; hard-working and not daunted by the complexities of the case."
"He is a thoughtful and hard-working junior with particular experience in media-related data disputes.” “He is super bright and has good judgement.” “Although he is busy he always finds time to talk to you and get things done."
"He’s incredibly able, hard-working and very clever.” “An extremely bright and unflappable junior."
"Outstanding both on paper and on his feet."
"Fantastically bright, able to grapple with immense detail and apply it to a bigger picture."
"A very well-rounded barrister and an able junior especially for production order cases."
"He’s very good on paper, his arguments are very fluid and effective, and he brings a good perspective.” “A great communicator and a great advocate who brings a sense of authority in negotiations."
"Very smart and very good with clients.” “An expert in his field."
"Delivers amazing drafting and is highly responsive.” “Charming and hard-working."
"He is very responsive and drafts well, particularly for breach of confidence and privacy matters."
"Developing a notable strength in administrative and public law disputes which involve a crossover with human rights law. He is instructed on behalf of claimants and defendants in a wide range of judicial reviews. Recently, he has appeared in challenges to the government’s legal aid reform."
"He is superb. Really good and very bright. He is very talented, extremely clever and a very good writer.” “He is phenomenally hard-working and diligent. He puts in more hours than others and is on top of all the papers."
"Impressive junior with a broad practice covering the full ambit of media law. He frequently appears in high-profile defamation and data protection cases."
"An excellent junior: he has a keen eye for detail, is responsive and has a solid knowledge of media law."
"Incredibly bright and hardworking."
"A superb junior, whose advice is always thoughtful and on-point."
MAIN AREAS OF PRACTICE:
- Competition
- Education Law
- Election Law
- Civil Liberties and Human Rights
- Local Government Law
- Media and Information Law
- Court Orders affecting the Media
- Data Protection
- Defamation and Privacy
- Harassment
- Public Law
- Public International Law
- Public Law: Information, Data and Privacy
- Health and Social Care (including welfare benefits)
- Commercial Public Law
- Private International Law
+44 (0)20 7404 3447
"Outstanding both on paper and on his feet." "Fantastically bright, able to grapple with immense detail and apply it to a bigger picture." "He’s incredibly able, hard-working and very clever." "He is super bright and has good judgement."
CHAMBERS UK AND LEGAL 500 (2021)
MAIN AREAS OF PRACTICE
- Competition
- Education Law
- Election Law
- Civil Liberties and Human Rights
- Local Government Law
- Media and Information Law
- Court Orders affecting the Media
- Data Protection
- Defamation and Privacy
- Harassment
- Public Law
- Public International Law
- Public Law: Information, Data and Privacy
- Health and Social Care (including welfare benefits)
- Commercial Public Law
- Private International Law
Ben Silverstone
Contact Ben: bensilverstone@matrixlaw.co.uk | +44 (0)20 7404 3447
Contact Ben's Practice Team (Team M): TeamM@matrixlaw.co.uk
Ben has a broad practice specialising in media and information, public and human rights law. He is ranked in Chambers and Partners and in Legal 500 in (a) data protection, (b) defamation and privacy, and (c) media and entertainment.
Ben is a member of the Attorney General’s B Panel for Junior Counsel to the Crown. He was nominated as Defamation Junior of the Year at the Chambers UK Bar Awards 2016.
Media and Information Law
Ben has a broad practice in media and information law, with a particular expertise in data protection, defamation, breach of confidence, privacy and harassment claims and in related areas such as freedom of information, reporting restrictions, source protection issues, open justice and contempt of court. Among the recent notable cases in which he has acted are the following: Banks v Cadwalladr: Defamation proceedings brought against prominent investigative journalist. Elphicke v Times Newspapers: Libel claim brought by a former MP. Stunt v Associated Newspapers: Court of Appeal decision on the journalistic exemption under the Data Protection Act 1998. Miller v Associated Newspapers: Decision of the Supreme Court on the recovery of additional costs in libel and privacy claims. PJS v News Group Newspapers: Supreme Court decision on an application to discharge a privacy injunction relating to a celebrity. Guardian News and Media & others v Incedal and another: Two Court of Appeal decisions on in camera hearings and reporting restrictions in a criminal trial. Vidal-Hall & others v Google Inc: Court of Appeal decision establishing that damages are available in data protection claims without proof of special damage. Ben has a particular expertise in large-scale and group litigation. For several years he has acted as junior counsel for News Group Newspapers in the privacy claims managed together as the Mobile Telephone Voicemail Interception Litigation. He is also currently instructed for a large group of claimants in the British Airways Data Event Group Litigation. He previously represented over 100 claimants who brought defamation, data protection and conspiracy claims in the group litigation relation to the “blacklisting” of workers in the construction industry over the course of several decades. Pre-publication advice Ben has worked as a regular duty lawyer for the BBC, the Independent and the Observer. He has also provided ad hoc pre-publication advice to a number of media organisations as well as charities and NGOs. Publications on media and information law Online Publication Claims: A Practical Guide (Matrix, 2017; updated 2018): co-author of the chapter on identifying the proper defendant. Human Rights Practice (Sweet and Maxwell, 2013); co-author of the latest update of the chapter on article 10: freedom of expression.Public and human rights law
Ben’s practice in public and human rights law spans a range of work, including judicial review claims, civil actions against public and corporate bodies and Tribunal cases. Recent significant cases in which he has been instructed include the following: R (Cornerstone) v Ofsted: Judicial review claim brought by an independent fostering agency in respect of an Ofsted inspection report, raising issues of discrimination and the right to freedom of religion. XYZ and others v Ministry of Defence: Claims brought in respect of alleged unlawful detention and mistreatment of Iraqi civilians during and after the 2003 Iraq War. R (Miranda) v SSHD: Court of Appeal decision that the power to stop, search and detain under the Terrorism Act 2000, Schedule 7 was incompatible with Article 10 ECHR. Allbutt v Ministry of Defence: Supreme Court decision establishing that combat immunity did not bar negligence claims relating to a death and injuries sustained on the battlefield Publications on public and human rights law Halsbury’s Laws of England, 5th edition: Rights and Freedoms (June 2013), sole author of the chapters on the right to liberty and the right to a fair hearing. Children in Need: Local Authority Support for Children and Families (Legal Action Group, 1st edition, 2011; 2nd edition, 2013), sole author of the chapter on legal fundamentals. Disabled Children: A Legal Handbook (Legal Action Group, October 2010), sole author of the chapter on welfare benefits.International law
Ben has a wide-ranging practice in public and private international law, as well as cases relating to other jurisdictions. As well as cases raising such issues in the English courts, he has been involved in constitutional appeals before the Privy Council (Trinidad & Tobago), the Caribbean Court of Justice and the Court of Appeal of Belize. He has also acted in numerous appeals in death penalty cases in the Democratic Republic of Congo, Kenya, Malaysia and Singapore. Relevant cases include: Gubarev v BuzzFeed Inc: Appeal of order for evidence to be given by deposition in a Florida defamation claim concerning the so-called “Trump dossier”. AAA v (1) Camellia plc (2) Linton Park Plc (3) Robertson Bois Dickson Anderson: claims brought by 85 Claimants alleging human rights abuses on a farm in Kenya. Ramdeen v Trinidad and Tobago: Decision of the Privy Council on the constitutionality of the mandatory sentence of death in Trinidad and Tobago. Fuller v Attorney General of Belize: Privy Council decision relating to extradition proceedings in Belize.Ben's Privacy Notice
Ben is committed to protecting and respecting your privacy. In order to provide legal services to his clients, including advice and representation services, Ben needs to collect and hold personal data. This includes his client’s personal data and the personal data of others who feature in the matter upon which he is instructed. To read Ben’s privacy notice in full, please see here.
DIRECTORY RECOMMENDATIONS
"Extremely bright, he knows media law inside-out and is incredibly thorough. He knows the points to fight and those to drop. Unflappable."
"He provides straightforward, clear advice on complex data protection and privacy issues which gets straight to the nub of the case."
"He is really a standout: he has encyclopedic knowledge of data protection, privacy and defamation." "He is a very approachable and responsive barrister, and has a great knowledge of the subject area." "He's strong on the media aspect of data protection work, and is a very intelligent advocate."
"A very practical and clever barrister; hard-working and not daunted by the complexities of the case."
"He is a thoughtful and hard-working junior with particular experience in media-related data disputes.” “He is super bright and has good judgement.” “Although he is busy he always finds time to talk to you and get things done."
"He’s incredibly able, hard-working and very clever.” “An extremely bright and unflappable junior."
"Outstanding both on paper and on his feet."
"Fantastically bright, able to grapple with immense detail and apply it to a bigger picture."
"A very well-rounded barrister and an able junior especially for production order cases."
"He’s very good on paper, his arguments are very fluid and effective, and he brings a good perspective.” “A great communicator and a great advocate who brings a sense of authority in negotiations."
"Very smart and very good with clients.” “An expert in his field."
"Delivers amazing drafting and is highly responsive.” “Charming and hard-working."
"He is very responsive and drafts well, particularly for breach of confidence and privacy matters."
"Developing a notable strength in administrative and public law disputes which involve a crossover with human rights law. He is instructed on behalf of claimants and defendants in a wide range of judicial reviews. Recently, he has appeared in challenges to the government’s legal aid reform."
"He is superb. Really good and very bright. He is very talented, extremely clever and a very good writer.” “He is phenomenally hard-working and diligent. He puts in more hours than others and is on top of all the papers."
"Impressive junior with a broad practice covering the full ambit of media law. He frequently appears in high-profile defamation and data protection cases."
"An excellent junior: he has a keen eye for detail, is responsive and has a solid knowledge of media law."
"Incredibly bright and hardworking."
"A superb junior, whose advice is always thoughtful and on-point."