Ben Silverstone

Ben specialises in media and information, public and human rights law. He is recommended in Chambers and Partners (Defamation & Privacy; and Administrative & Public Law) and in Legal 500 (Defamation & Privacy; and Media & 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

Main areas of practice

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.

In recent years, Ben has appeared in several of the most important recent cases in these fields. Among the notable cases in which he has acted are the following:

• Oliver v Shaikh (2019-2020): Harassment and committal proceedings brought by a Circuit Judge relating to online publications.
• Gordon v (1) ICO (2) HMRC (2020): Decision on the exemption from disclosure of HMRC information under the Freedom of Information Act 2000 and Commissioners for Revenue and Customs Act 2005.
• Elphicke v Times Newspapers (2019): Defamation proceedings brought by a former MP.
• HML PM Ltd v Canary Riverside Estate Management (2019): Breach of confidence proceedings in the context of a property management dispute.
• Banks v Cadwalladr (2019): Defamation proceedings brought against well-known investigative journalist.
• Channel 4 v Commissioner of Police for the Metropolis (2019): Costs in production order proceedings under the Terrorism Act 2000.
• Stunt v Associated Newspapers (2018): Court of Appeal decision on the journalistic exemption under the Data Protection Act 1998.
• Gubarev v BuzzFeed Inc (2018): Appeal of an order of the Senior Master to require Christopher Steele to give evidence for use in proceedings in a Florida defamation claim concerning the so-called “Trump dossier”.
• In re BBC / R v Sarker (2018): Decision of the Court of Appeal reversing an order for reporting restrictions made during a criminal trial.
• Brevan Howard Asset Management v Reuters & another (2017): Court of Appeal decision on the Article 10 ECHR public interest defence to a breach of confidence claim.
• Miller v Associated Newspapers (2017): Decision of the Supreme Court on the recovery of additional costs in libel and privacy claims.
• Hourani v Thomson and others (2017): Trial of claims in defamation and harassment relating to online material, and related source protection issues.
• Re Times Newspapers; R v Abdulaziz (2016): Court of Appeal decision on an order for an in camera hearing and reporting restrictions in a criminal trial.
• PJS v News Group Newspapers (2016): Supreme Court decision on an application to discharge a privacy injunction relating to a celebrity.
• Guardian News and Media & others v Incedal and another (2014 / 2016): Two Court of Appeal decisions on in camera hearings and reporting restrictions in a criminal trial.
• Yeo v Times Newspapers (2015): Trial of a defamation claim brought by a former MP in which TNL succeeded in its defences of truth and Reynolds / s 4 public interest.
• Vidal-Hall & others v Google Inc (2015): Court of Appeal decision establishing that damages are available in data protection claims without proof of special damage.
• Reed Elsevier UK and another v Bewry (2014): Court of Appeal decision on the disapplication of the limitation period in defamation claims.
• R (Guardian News and Media) v City of Westminster Magistrates’ Court & another (2012): Court of Appeal decision on open justice in criminal proceedings.

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. Between 2013 and 2016 he 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.

Training

Ben has given in-house training on defamation, data protection and privacy law, and on other related issues including reporting restrictions, production orders, journalists’ access to court documents and other open justice issues to various organisations including the BBC, Google, Channel 4 and News Group Newspapers.

Publications on media and information law

Online Publication Claims: A Practical Guide (Matrix, 2017; updated 2018), edited by Hugh Tomlinson QC & Guy Vassall-Adams QC; co-author of the chapter on identifying the proper defendant.

Human Rights Practice (Sweet and Maxwell, 2013), edited by Jessica Simor QC; 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 bodies and Tribunal cases.

Recent significant cases in which he has been instructed include the following:

• R (Cornerstone) v Ofsted (2020): Judicial review claim brought by an independent fostering agency in respect of an Ofsted inspection report, raising various significant issues including as to the right to freedom of religion; an appeal to the Court of Appeal is pending.
• XYZ and others v Ministry of Defence (2017-2018): Claims brought in respect of alleged unlawful detention and mistreatment of Iraqi civilians during and after the 2003 Iraq War.
• R (BD) v Director of Legal Aid Casework (2016): Decision of the Court of Appeal on the recovery of costs in judicial review proceedings.
• IS v Director of Legal Aid Casework (2016): Judicial review proceedings relating to the Exceptional Case Funding scheme for legal aid under LASPO 2012.
• R (Miranda) v SSHD (2016): Challenge to the exercise of the power to stop, search and detain under the Terrorism Act 2000, Schedule 7; Ben acted for the intervener Liberty, whose submissions that the power was incompatible with Article 10 ECHR were accepted by the Court of Appeal.
• Allbutt v Ministry of Defence (2014): Decision of the Supreme Court establishing that the principle of combat immunity did not bar negligence claims relating to a death and injuries of service personnel on the battlefield.
• R (Refugee Action) v Secretary of State for the Home Department (2014): Judicial review proceedings in which Popplewell J quashed the Secretary of State’s decision as to the sums at which asylum support should be provided.

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 been instructed in cases relating to a range of international jurisdictions. 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 (2018): Appeal in respect of an order of the Senior Master to require Christopher Steele to give evidence for use in proceedings in a Florida defamation claim concerning the so-called “Trump dossier”.
• Ramdeen v Trinidad and Tobago (2014): Decision of the Privy Council on the constitutionality of the mandatory sentence of death in Trinidad and Tobago.
• Fuller v Attorney General of Belize (2011): Privy Council decision relating to extradition proceedings in Belize.

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.

Ben is regulated by the Bar Standards Board and accepts instructions under Standard Contractual Terms. To find out more information on the way we work at Matrix, including our fee transparency statement, please see our see our service standards.