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‘An innovative and progressive set that continues to be instructed in high-profile and often law-defining cases.’Chambers and Partners 2014
Ben Silverstone

Contact: bensilverstone@matrixlaw.co.uk Practice Manager: alisonscanes@matrixlaw.co.uk

Ben Silverstone specialises in media and information law, public law (particularly in the field of community care and education) and civil actions against public bodies. He is a recommended in the field of Defamation/Privacy in Chambers and Partners 2014 which states that he has “quickly made a name for himself in the field, not least because of his work on the voice mail interception scheme set up by News Group Newspapers” and has “fantastic attention to detail.”

Media and Information Law

Main areas of practice: Defamation, breach of confidence, misuse of private information, privacy claims against public bodies, data protection, production orders, reporting restrictions and other open justice issues.

Ben is currently instructed as junior counsel for NGN in the privacy and harassment claims managed together as the Mobile Telephone Voicemail Interception Litigation. He also represents a number of claimants bringing conspiracy, defamation and data protection claims against various construction companies in relation to the operation of a covert database of workers, and acts as sole counsel in a claim for negligence and breach of the Data Protection Act against a probation trust.

Ben has appeared as sole counsel for various media organisations in applications before the Crown Court and the Court of Protection for production orders, reporting restrictions and permission to obtain access to court proceedings. He also regularly acts in judicial review claims concerning disclosure of information on enhanced criminal records certificates.

Ben has a particular interest in cases with an international element and has worked on various international freedom of expression cases, including contempt proceedings concerning a journalist in Singapore and a constitutional motion on behalf of a radio station in Uganda.

Pre-publication advice

Ben works as a regular night lawyer for the BBC, The Observer and The Independent and has provided prepublication advice to various organisations including Oxfam and Human Rights Watch.

Training

Ben has given in-house training on such subjects as defamation law, reporting restrictions, production orders and journalists’ access to court documents for the BBC, Google, News Group Newspapers and the World Society for the Protection of Animals.

Public and human rights law

Main areas of practice: Community care and education.

Ben is currently instructed as junior counsel in R (Refugee Action) v Secretary of State for the Home Department, a judicial review of asylum support rates on the grounds of irrationality and for breaches of EU law, the public sector equality duty and the duty to safeguard and promote the welfare of children.

Ben has extensive experience of providing representation in appeals before First-Tier Tribunal (Special Education Needs and Disability) and in appeals against exclusions from school.

Civil actions against public bodies

Ben is regularly instructed on behalf of individuals bringing civil actions against the police and the prison and probation authorities.

International law

Ben is currently instructed in an appeal against conviction for murder in a capital case from Trinidad, in which the Privy Council has granted permission to appeal and which will be heard in January 2014. He is also working on a constitutional claim in Belize concerning the acquisition by the government of assets from a multinational corporation.

Publications

Simor, Human Rights Practice (Sweet and Maxwell, October 2013), co-author of the latest update of the chapter on article 10: freedom of expression.

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, April 2011; 2nd edition forthcoming in late 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.

Having held the post of Visiting Fellow in Constitutional and Administrative Law at City University, London, prior to being called to the Bar, Ben frequently lectures and gives training on media, public and human rights law.

Ben accepts instructions under the Bar Council Standard Contractual Terms, details of which can be found here.

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