Ben Douglas-Jones QC - BARRISTER


Ben Douglas-Jones QC is a specialist fraud, criminal, regulatory, consumer and human rights barrister. He is a member of prestigious London Chambers, 5 Paper Buildings. 

 

 

He is highly recommended in Chambers and Partners, ranked in Financial Crime, Crime, Consumer Law, described by them as: "Fantastic and incredibly hard-working." "He's very on top of his cases and a very good lawyer."       

 

He is ranked in Tier 1 by Legal 500 for Criminal Fraud, Consumer Law and General Crime.  The Legal 500 describe him as describes him as “extremely bright”, with "great intellectual strength" and “extremely able” with the ability to “marshal cases of the utmost complexity”. 

 

Ben defends professional and corporate clients including public limited companies. He prosecutes for the Serious Fraud Office and CPS Headquarters' Specialist Fraud Division, Appeals and Review Unit, Organised Crime Unit and Proceeds of Crime Unit and Complex Case Units.  He also prosecutes for local authorities. 

 

He practises in all serious and complex fraud, including corporate, financial, banking, carousel, MTIC, acquisition, mortgage, Excise, Hawala, advance fee (419), boiler room, ponzi , NHS, dental, pharmaceutical, Internet, car-ringing, gambling, cheque clearing cycle and insurance fraud. 

 

Ben is a member of the Fraud Advisory Panel and the Fraud Lawyers' Association. 

 

Ben’s regulatory practice extends to all areas of consumer law, with an emphasis on trade-marks and copyright law, criminal planning, food safety and environmental health.

  

Ben was The Times Lawyer of the Week in February 2019 for successfully prosecuting Ieuan Harley for the murder of David Gaut, who had been convicted of murdering a 15-month-old baby in 1985 and released on parole in 2017.

 

He is currently instructed by the family of Shamima Begum, one of the Bethnal Green Academy girls - the alleged "IS bride".

 

He prosecutes and defends in serious criminal cases, including murder. 

  

Ben’s human rights and appellate practice has seen him appear in many leading and reported cases: see below.

  

He has vast experience in Proceeds of Crime Act 2002 cases, including restraint, confiscation, receivership, forfeiture, civil recovery and asset freezing proceedings. 

  

Ben conducts second-opinion defence appellate work where he did not appear in the Crown Court and is instructed by the CPS Appeals and Review Unit in the High Court and Court of Appeal. 

  

He also has significant expertise in miscarriage of justice work having represented Colin Stagg and secured his £706,000 compensation for Stagg’s wrongful indictment for the murder of Rachel Nickell. 

  

Ben’s civil practice centres on judicial review and fraud. 

 

Ben is a Recorder of the Crown Court. 

 

Ben is an editor of Southwell, Brewer and Douglas-Jones QC – Human Trafficking and Modern Slavery Law in Practice; Bloomsbury Professional - February 2018.

 

Ben is an author of the Blackstone’s Guide to the Consumer Rights Act 2015.  

 

Ben has co-written the 2019 CPS Guidance on charging and prosecuting victims of human trafficking, the Law Society Guidance on defending people who might be victims of human trafficking and the refugee defence and the Judicial College Guidance on trying defendants who might be victims of trafficking or slavery.

  

Ben is also an attorney-at-law in Grenada, with rights of audience in the Eastern Caribbean Court of Appeal. 

  

As well as being a tenant in 5 Paper Buildings, he is a door tenant in Apex Chambers, Cardiff, Linenhall Chambers, Chester and St Ives Chambers, Birmingham. 

  

Ben is a qualified advocacy trainer for Gray's Inn. 

  

Ben was called to the Bar in 1998.

 

Silk: 2018.

 

Recent appeals include: 

 

  • Worldwide Tickets Ltd v North Yorkshire CC [2019] 4 WLUK 418 (acted for the four appellants in the first secondary ticketing s.90 Consumer Rights Act 2015 appeals - procedural impropriety; time limits; natural justice in penalties);
  • CPS v Aquila Advisory [2019] EWCA Civ 588; [2019] 4 WLUK 115 (Attribution; Breach of fiduciary duty; Cheating the Revenue; Confiscation orders; Constructive trusts; Directors; Ex turpi causa; Proceeds of crime; Proprietary rights; Public policy);
  • R. v Phillips (Roy John) [2019] EWCA Crim 577 | [2019] 3 WLUK 644 (scope of charges);
  • R v HHD [2018] EWCA Crim 2995 (international law and better case management in prosecuting victims of trafficking who offend);
  • R v Kolesnikova [2018] EWCA Crim 2961 | [2018] 12 WLUK 602 (Controlling prostitution for gain; Money laundering; Trafficked victims: approach to prosecuting when trafficking victim offenders’ offences are grave);
  • Valiati v DPP [2019] 1 W.L.R. 1221; [2019] 1 Cr. App. R. 17; [2019] Crim. L.R. 238; [2019] A.C.D. 6;
  • R v GS [2019] 1 Cr. App. R. 7; [2019] Crim. L.R. 147 (leading case on prosecuting victims of trafficking who offend);
  • R. (on the application of Purvis) v DPP [2018] EWHC 1844 (Admin); [2018] 4 W.L.R. 118; [2018] 7 WLUK 593; [2018] 2 Cr. App. R. 34; [2018] A.C.D. 104 (misconduct in public office; perjury; prosecutorial discretion);
  • R v MK [2018] EWCA Crim 667; [2019] Q.B. 86; [2018] 3 W.L.R. 895; [2018] 3 All E.R. 566; [2018] 3 WLUK 729; [2018] 2 Cr. App. R. 14; [2018] Crim. L.R. 922 (burden of proof in human trafficking defence);
  • Faichney v Vantis HR Ltd [2018] EWHC 565 (Ch); [2018] 3 WLUK 462; [2018] Lloyd's Rep. F.C. 345 (confiscation orders and proprietary interests in corporate crime);
  • R v RK [2018] EWCA Crim 603; [2018] 3 WLUK 770; [2019] Crim. L.R. 439 (the requirement to cross-examine young witnesses);
  • Lord Howard of Lympne v DPP (Costs) [2018] 2 WLUK 140 (costs in cases stated);
  • Lord Howard of Lympne v DPP [2018] EWHC 100 (Admin); [2017] 11 WLUK 745; [2019] R.T.R. 4; [2018] Crim. L.R. 489 (failure to provide information requested by police);
  • R v VSJ and others [2017] EWCA Crim 36; [2017] 1 W.L.R. 3153; [2017] 1 Cr. App. R. 33; [2017] Crim. L.R. 817 (Special Court - serious offences committed by human trafficking victims; duress in relation to trafficking victims),
  • R v Mumtaz [2017] EWCA Crim 1843 (serious and complex fraud);
  • R v Robinson [2017] EWCA Crim 936 (double jeopardy);
  • R v PK [2017] EWCA Crim 486 (leave to appeal out of time);
  • R v Miharessari [2016] EWCA Crim 1733 (asylum seekers breaching Channel Tunnel security);
  • R v M [2016] 4 W.L.R. 146  [2016] 2 Cr. App. R. 20 (doli incapax);
  • R v Boateng [2016] EWCA Crim 57; [2016] 4 W.L.R. 70; [2016] 2 Cr. App. R. 5; [2016] Crim. L.R. 495 (complex immigration fraud); 
  • R v YY [2016] EWCA Crim 18; [2016] 1 Cr. App. R. 28 (role of the CCRC in appeals concerning refugees);
  • R (Ewing) v Cardiff Crown Court [2016] EWHC 183 (Admin); [2016] 4 W.L.R. 21; [2016] 1 Cr. App. R. 32; (2016) 180 J.P. 153; [2016]
  • E.M.L.R. 18; [2016] Inquest L.R. 32; [2016] A.C.D. 44 Contempt of court; Live text-based communications; Notes; Permission; Refusal; Vexatious litigants);
  • Serious Fraud Office v Evans (the Celtic Energy fraud) [2015] EWHC 263 (QB); [2015] 1 W.L.R. 3595; [2015] Lloyd's Rep. F.C. 223;
  • Serious Fraud Office v O’Brien (Supreme Court) [2014] UKSC 23; [2014] A.C. 1246; [2014] 2 W.L.R. 902; [2014] 2 All E.R. 798; [2014] Lloyd's Rep. F.C. 401; Times, April 11, 2014 (Contempt of court; Extradition offences; Restraint orders; Speciality)
  • R v Mateta and others [2013] EWCA Crim 1372 (Special Court - asylum defences);
  • R v L and others [2013] 2 Cr. App. R. 23 (Special Court - human trafficking);
  • R (on the Application of A) v Lowestoft Magistrates’ Court [2013] E.M.L.R. 20; [2013] A.C.D. 72 (freedom of speech).  

 

 

 


Latest News

Worldwide Tickets Win

Ben represented 4 of the largest secondary tickets sellers in the UK: Worldwide Tickets Ltd, Black Sync Ltd, Alan Gambin and Gary Harvey before the President of the First Tier Tribunal General Regulatory Chamber in the first ever appeals brought under the Consumer

Rights Act 2015 against penalties imposed for alleged failings to comply with the Act.  He showed that the penalties were an abuse of process and the penalties had been imposed so as to breach natural justice.  The appeals all succeeded. 

Thanks from Sylvester Stallone

Ben, leading Aparna Rao, secured convictions of members of the MiLLENiUM (sic) release group- an organised crime group, which used torrents and "seedboxes" to distribute films before their official release date.  The investigation was carried out by City of London Police Intellectual Property Crime Unit (PIPCU).  One of the films was "The Expendables 3".

 

 

Actor Sylvester Stallone thanked PIPCU for working with US Homeland Security Investigations to apprehend the suspect in this case, saying, “It is important to protect the rights of creative around the world from theft.”

The Times - Lawyer of the Week

Ben Douglas-Jones named The Times Lawyer Of The Week for his successful prosecution of Ieuan Harley for the murder of David Gaut, who had himself served over 30 years in prison for the murder of a baby.

Ben Is Ranked Chambers UK 2019 As A New Silk for Consumer Law

Ben has been ranked in Chambers UK 2019 as a New Silk for Consumer Law. He was described as ""An excellent communicator who is always immaculately prepared and shows outstanding attention to detail. An engaging advocate, he is very personable and puts clients from all backgrounds at ease."

 

Meanwhile, for Financial Crime it was noted that Ben is ""Fantastic and incredibly hard-working." "He's very on top of his cases and a very good lawyer." 

Red Line For Victims Of Trafficking Who Commit Serious Offences

Ben Douglas-Jones QC appeared for the Crown in GS [2018] EWCA Crim in which the Court analysed what constitutes a change in law case for the purposes of granting leave to appeal against conviction out of time in human trafficking cases. 

 

The risk to the Applicant’s immigration status was deemed to be a substantial injustice. The case set out a hard edge approach in the receipt of medical evidence on appeal in the context of trafficking cases on the grounds that the evidence could have been adduced in the Crown Court, exceeded the proper scope of the experts’ expertise and a retrospective analysis of an appellant’s psychological status will not necessarily be accurate. 

 

The case addressed the significance of duress being rejected by a jury where trafficking status is on appeal relied on to show an abuse of process.

 

Ben Douglas-Jones QC and Aparna Rao secured convictions of Philip Bujak, the former CEO of the Montessori charity for species of fraud including the receipt of a kickback in relation to the sale of a property in Princes Gate near Hyde Park, the inflation of invoices from the charity’s printing company, the forgery of art restoration invoices to show that art belonged to Montessori when it in fact came from his private art collection and business expense claims which in fact related to successive family reunions. 

 

Bujak received a 6-year prison sentence and was disqualified for acting as a company director for 10 years.