Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Ben Jaffey is a silk with a wide-ranging Claimant and Defendant public law, financial services and regulatory law practice and great experience of complex, novel and high-profile litigation. He is ranked in both of the leading legal directories.
Ben is recognised as a leading silk in the latest editions of both the leading legal directories, Chambers UK and Legal 500, for his expertise in admin and public, banking and finance, civil liberties and human rights and financial services. Recent comments include:
Previous comments include:
Ben has a wide-ranging public and regulatory practice. He appears for and advises claimants and defendants, including companies, central government, local authorities, public interest groups, individuals and regulators. Before taking silk, he was a member of the Attorney General’s A Panel and the Attorney General’s Public International Law A Panel.
“He's absolutely brilliant: so clever, and he understands the broader context.”
Chambers and Partners, 2023
“He is genuinely outstanding; he understands the unique nature of public law and he thinks through the strategy five steps ahead of the defendant.”
Chambers and Partners, 2023
“He is very good under pressure with questioning from judges, even when he's forced to run potentially poor arguments.”
Chambers and Partners, 2023
“He takes on the most difficult cases and is invariably right all the time.”
Chambers and Partners, 2022
“A talented silk who never has a bad day.”
Legal 500, 2022
“Always outstanding. Ben is frighteningly excellent and relentless.”
Legal 500, 2022
“A wonderful, wonderful silk. He's eloquent, to the point, and calm and controlled in court.”
Chambers and Partners, 2021
“He pushes the boundaries of the law, and the breadth of his knowledge is phenomenal.”
Chambers and Partners, 2021
“Frighteningly excellent.”
Legal 500, 2021
“Always outstanding.”
Legal 500, 2021
“A talented silk.”
Legal 500, 2021
“He's able to see the bigger picture in a challenge, has the ear of the court, and is able to present complex issues in a very simple, digestible and persuasive way.”
Chambers and Partners, 2020
“A really brilliant and creative lawyer who has a fabulous mind.”
Chambers and Partners, 2020
“The leading authority on surveillance cases.”
Chambers and Partners, 2020
“His experience in navigating Kafka-esque closed material procedures is second-to-none.”
Legal 500, 2019
“Exceptional.”
Chambers and Partners, 2019
“He knows how to present a case both to the public and the judge.”
Chambers and Partners, 2019
“He works incredibly hard, and is able to see the big picture in technical public law challenges.”
Chambers and Partners, 2019
“Charming and effective with a brilliant personal manner.”
Chambers and Partners, 2019
“Intelligent and articulate, with an incredible way of making the complex and technical easy to understand”
Chambers and Partners, 2019
“He is one of most innovative thinkers in public law and is in high demand.”
Legal 500, 2018
“Fast becoming a go-to silk.”
Chambers and Partners, 2018
“The outstanding legal talent of his generation.”
Legal 500, 2017
“An incredibly smart and wonderful advocate with whom it is always a total joy to work.”
Chambers and Partners, 2017
“Phenomenally knowledgeable and talented – the best junior at the Bar”
Legal 500, 2016
“One of the Bar’s leading juniors.”
Legal 500, 2015
The High Court in Northern Ireland held that the Northern Irish school curriculum for religious education is in breach of the ECHR rights of a child and her father. The Court held that the curriculum is not sufficiently objective, critical and pluralistic. Ben acted for the Claimant.
The Divisional Court quashed the Home Office’s decision to refuse of security clearance to Mr Eric Kind, who was offered the position of Head of Investigations for the Investigatory Powers Commissioner’s Office. Ben acted for the Claimant.
Acting for the Claimants in this judicial review challenge to the Prime Minister’s decision not to order an independent judge-led inquiry into UK complicity in torture and rendition.
Acted for the Claimants in proceedings arising out of the ‘emissions scandal’, which broke in the US in September 2015. Following a two-week trial of two preliminary issues, Mr Justice Waksman found that the controversial engine software function amounts to a ‘defeat device’ for the purpose of EU law, and that previous findings of the relevant German authorities were binding on the High Court in that respect.
The Court of Appeal has upheld the Administrative Court’s decision that a trans man who gave birth to a child must be registered as the child’s mother. The Court held that this did not breach the Gender Recognition Act 2004 or Articles 8 or 14 of the ECHR. Successfully acted for the Registrar General and the Secretaries of State.
Representing Privacy International in challenge to UK intelligence services collection and use of bulk communications data of all UK telephone and internet users. Judgment pending in Grand Chamber of Court of Justice of the European Union.
Successfully represented Arts Council in resisting attempt by owner of Giotto painting to remove it from the UK and EU and prevent its return to Italy. Appeal pending in the Court of Appeal.
Challenge to previously secret policy of authorising MI5 agents to commit serious criminal offences in the UK. Representing Privacy International, Reprieve and others. Pending in Investigatory Powers Tribunal.
Challenge to bulk surveillance relying on Edward Snowden documents seeking new safeguards. Acting for coalition of Human Rights organisations in the Grand Chamber of the European Court of Human Rights. Judgment pending.
Successfully acted for QFC Regulatory Authority in application to commit major UAE bank for contempt for non-compliance with Court orders, and successful applications for cross-jurisdictional disclosure in investigations of allegations of currency manipulation during Qatar-UAE blockade.
Acting for Mayor of London in Court of Appeal challenge to authorisation of a Heathrow Third Runway.
Successfully challenged ‘ouster’ clause in Supreme Court preventing judicial review of decisions of the Investigatory Powers Tribunal.
Challenge to refusal of government to allow the Chagossian people to return to British Indian Ocean Territory. Pending in the Court of Appeal.
Leading transgender rights case. Should a transgender man (female to male) who gives birth to a child be recorded as ‘father’ or ‘mother’ on the child’s birth certificate? Successfully acted for Secretaries of State before President of the Family Division arguing that a trans man was a ‘mother’.
Successfully represented 6 High Court and Court of Appeal judges in Equality Act 2010 age and race discrimination challenge to reduction in judicial pensions (Court of Appeal).
Successfully acted for ClientEarth in challenge to the UK’s failure to meet air quality standards in London and other major urban areas. At present, it is estimated that over 20,000 early deaths each year are caused by the UK’s failure to meet EU air quality standards. The Court ordered a full reconsideration of the air quality plans for the entire country. The Government has accepted the decision and new clean air zones will be introduced across the UK.
Successfully acted for PRP in challenge to recognition of IMPRESS under the Leveson Royal Charter Scheme for press regulation.
Successfully acted for PLP in Supreme Court challenge to the residence test for judicial review.
Representing Charity Commission in litigation concerning the use of a charity to facilitate £176m tax avoidance scheme.
Successfully acted for Barclays in judicial review of the ‘decision’ of KPMG as independent reviewer of the sale of Interest Rate Hedging Products by Barclays.
Successfully acted for ClientEarth in EU law challenge to the UK’s failure to meet air quality standards in London and other major urban areas.
Acting for David Davis MP and Tom Watson MP in Court of Justice of the European Union in challenge to the requirements of the Data Retention and Investigatory Powers Act 2014.
Acting for Afghan interpreters who worked for British forces in challenge to resettlement scheme. Court of Appeal.
Acted in Investigatory Powers Tribunal for Privacy International in case concerning the legality of arrangements for computer hacking by GCHQ.
Acted for Parliamentarians in challenge to Security Services’ arrangements for protection of MPs communications under the ‘Wilson doctrine’.
Successfully acted for SSHD in Supreme Court challenge about stop and search under s. 60 CJPOA 1994. Judgment pending.
Acting for Secretary of State in judicial review claim about whether Sport England acted lawfully in declining to recognise bridge as a sport.
Acting in several Supreme Court appeals arising out of UK detention operations in Afghanistan and Iraq, and ‘extraordinary rendition’ operations.
Successfully acted for Libyan families in claim in the Investigatory Powers Tribunal about the protection of legal professional privilege when individuals may be under surveillance. First claim where a complaint to the IPT against the Security and Intelligence Services has ever been upheld.
Successfully acted for Libyan family in Court of Appeal in claims about UK involvement in rendition and torture. Judgment pending in Supreme Court.
Successfully obtained a reference to the CJEU in case about mass collection of ‘bulk personal datasets’ and ‘bulk communications data’. The IPT decided that the Security and Intelligence Services had been unlawfully collecting and holding data on the UK population for over 10 years and the issue of future collection has been referred to Luxembourg. This will be one of the last UK references before Brexit.
Successfully acted for the Registrar General defending claim by male to female transsexual who wished to change her name and gender as recorded on her childrens’ birth certificates.
Successfully acted for Guardian journalist in freedom of information case about Prince Charles’ letters to Ministers (Supreme Court).
Acting for PLP in challenge to the residence test for legal aid.
Successfully acted for the FCA in Court of Appeal challenge to decision of trial judge to stay criminal proceedings due to Very High Cost Case dispute with counsel.
Successfully acted for Secretary of State in Court of Appeal challenge by Pressbof to Royal Charter press recognition body.
Acting for the Home Secretary in actions brought by large numbers of prisoners concerning prison sanitation.
A successful claim for habeas corpus for a detainee in Bagram, Afghanistan.
Acting for a marriage registrar who refused to conduct civil partnerships on grounds of religious belief.
Ben has a wide-ranging Civil Liberties and Human Rights practice. He appears for and advises claimants and defendants, including companies, central government, local authorities, public interest groups, individuals and regulators. Before taking silk, he was a member of the Attorney General’s A Panel
and the Attorney General’s Public International Law A Panel.
“If you need someone to challenge the government, Ben is your man.”
Chambers and Partners, 2023
“Ben is a really terrific advocate, with great judgement and deep-rooted technical expertise.”
Chambers and Partners, 2023
“A talented silk who never has a bad day. Always outstanding. Ben is frighteningly excellent and relentless.”
Legal 500, 2023
“He has a very gentle and measured way of putting across his arguments.”
Chambers and Partners, 2022
“He has such charm, clarity and authority.”
Chambers and Partners, 2022
“Holds the government’s feet to the fire on human rights issues. Absolutely brilliant.”
Legal 500, 2022
“He's a brilliant advocate who constantly comes up with winning arguments.”
Chambers and Partners, 2021
“Holds the government’s feet to the fire on human rights issues. Absolutely brilliant.”
Legal 500, 2021
“He's analytically very talented but also very good at expressing himself clearly and concisely”
Chambers and Partners, 2020
“He's got a terrifyingly brilliant mind.”
Chambers and Partners, 2020
“'He is incredibly intelligent and his experience of navigating the Kafka-esque closed material procedure regime of secret pleadings and evidence is second to none.”
Legal 500, 2019
“He is a fantastic advocate with an encyclopaedic knowledge of domestic and European privacy law”
Chambers and Partners, 2019
“Intelligent and articulate, with an incredible way of making the complex and technical easy to understand”
Chambers and Partners, 2019
“He has the ability to make the complex seem simple.”
Legal 500, 2018
“He's a great advocate and a true leader of cases...He is a brilliant barrister and a delight to work with”
Chambers and Partners, 2017
“He is unbelievably clever and gets to the point half an hour before anyone else.”
Chambers and Partners, 2018
“The first choice for any difficult case”
Legal 500, 2016
“His expertise is unparalleled in the UK in this area.”
Chambers and Partners, 2016
“Clearly among the leading counsel.”
Legal 500, 2015
The High Court in Northern Ireland held that the Northern Irish school curriculum for religious education is in breach of the ECHR rights of a child and her father. The Court held that the curriculum is not sufficiently objective, critical and pluralistic. Ben acted for the Claimant.
Acting for the Claimants in this judicial review challenge to the Prime Minister’s decision not to order an independent judge-led inquiry into UK complicity in torture and rendition.
The Court of Appeal has upheld the Administrative Court’s decision that a trans man who gave birth to a child must be registered as the child’s mother. The Court held that this did not breach the Gender Recognition Act 2004 or Articles 8 or 14 of the ECHR. Successfully acted for the Registrar General and the Secretaries of State.
Representing Privacy International in challenge to UK intelligence services collection and use of bulk communications data of all UK telephone and internet users. Judgment pending in Grand Chamber of Court of Justice of the European Union.
Challenge to previously secret policy of authorising MI5 agents to commit serious criminal offences in the UK. Representing Privacy International, Reprieve and others. Pending in Investigatory Powers Tribunal.
Challenge to bulk surveillance relying on Edward Snowden documents seeking new safeguards. Acting for coalition of Human Rights organisations in the Grand Chamber of the European Court of Human Rights. Judgment pending.
Successfully challenged ‘ouster’ clause in Supreme Court preventing judicial review of decisions of the Investigatory Powers Tribunal.
Challenge to refusal of government to allow the Chagossian people to return to British Indian Ocean Territory. Pending in the Court of Appeal.
Leading transgender rights case. Should a transgender man (female to male) who gives birth to a child be recorded as ‘father’ or ‘mother’ on the child’s birth certificate? Successfully acted for Secretaries of State before President of the Family Division arguing that a trans man was a ‘mother’.
Acting for Libyan family subject to ‘extraordinary rendition’ from the Far East to Gaddafi’s Libya. Claim against HM Government, Jack Straw MP and MI6 senior official. Succeeded in Supreme Court.
Successfully represented 6 High Court and Court of Appeal judges in Equality Act 2010 age and race discrimination challenge to reduction in judicial pensions (Court of Appeal).
Successfully acted for ClientEarth in challenge to the UK’s failure to meet air quality standards in London and other major urban areas. At present, it is estimated that over 20,000 early deaths each year are caused by the UK’s failure to meet EU air quality standards. The Court ordered a full reconsideration of the air quality plans for the entire country. The Government has accepted the decision and new clean air zones will be introduced across the UK.
Successfully acted for PRP in challenge to recognition of IMPRESS under the Leveson Royal Charter Scheme for press regulation.
Acted for Afghan detainee in Supreme Court case about the legality of British armed forces detention operations abroad. Successful in Supreme Court.
Successfully acted for PLP in Supreme Court challenge to the residence test for judicial review.
Representing Charity Commission in litigation concerning the use of a charity to facilitate £176m tax avoidance scheme.
Successfully acted for Barclays in judicial review of the ‘decision’ of KPMG as independent reviewer of the sale of Interest Rate Hedging Products by Barclays.
Successfully acted for ClientEarth in EU law challenge to the UK’s failure to meet air quality standards in London and other major urban areas.
Acting for David Davis MP and Tom Watson MP in Court of Justice of the European Union in challenge to the requirements of the Data Retention and Investigatory Powers Act 2014.
Acting for Afghan interpreters who worked for British forces in challenge to resettlement scheme. Court of Appeal.
Acted in Investigatory Powers Tribunal for Privacy International in case concerning the legality of arrangements for computer hacking by GCHQ.
Acted for Parliamentarians in challenge to Security Services’ arrangements for protection of MPs communications under the ‘Wilson doctrine’.
Successfully acted for SSHD in Supreme Court challenge about stop and search under s. 60 CJPOA 1994. Judgment pending.
Acting for Secretary of State in judicial review claim about whether Sport England acted lawfully in declining to recognise bridge as a sport.
Acting in several Supreme Court appeals arising out of UK detention operations in Afghanistan and Iraq, and ‘extraordinary rendition’ operations.
Successfully acted for Libyan families in claim in the Investigatory Powers Tribunal about the protection of legal professional privilege when individuals may be under surveillance. First claim where a complaint to the IPT against the Security and Intelligence Services has ever been upheld.
Successfully acted for Libyan family in Court of Appeal in claims about UK involvement in rendition and torture. Judgment pending in Supreme Court.
Successfully obtained a reference to the CJEU in case about mass collection of ‘bulk personal datasets’ and ‘bulk communications data’. The IPT decided that the Security and Intelligence Services had been unlawfully collecting and holding data on the UK population for over 10 years and the issue of future collection has been referred to Luxembourg. This will be one of the last UK references before Brexit.
Successfully acted for the Registrar General defending claim by male to female transsexual who wished to change her name and gender as recorded on her childrens’ birth certificates.
Successfully acted for Guardian journalist in freedom of information case about Prince Charles’ letters to Ministers (Supreme Court).
Acting for PLP in challenge to the residence test for legal aid.
Successfully acted for the FCA in Court of Appeal challenge to decision of trial judge to stay criminal proceedings due to Very High Cost Case dispute with counsel.
Successfully acted for Secretary of State in Court of Appeal challenge by Pressbof to Royal Charter press recognition body.
Acting for the Home Secretary in actions brought by large numbers of prisoners concerning prison sanitation.
A successful claim for habeas corpus for a detainee in Bagram, Afghanistan.
Acting for a marriage registrar who refused to conduct civil partnerships on grounds of religious belief.
Ben has an extensive regulatory law practice and has considerable experience before numerous regulatory tribunals, including the RDC and Upper Tribunal. He acts for individuals, firms, the FCA and foreign regulators.
Ben is currently instructed by regulators, financial institutions and individuals in relation to allegations of mis-selling, market abuse, LIBOR issues and systems and controls failures. Many of these cases are confidential and cannot be referred to here.
“Ben is phenomenally clever - he has an astonishing capacity to get on top of the detail quickly and provide a view. He does not sit on the fence.”
Chambers and Partners, 2023
“Ben Jaffey is a class act in the field of contentious regulatory cases. He's extremely bright and all over the detail, whilst retaining a brilliant grasp of the bigger picture and overall strategy of a case.”
Chambers and Partners, 2023
“He's very thoughtful in the way he presents things and he has the trust of the court.”
Chambers and Partners, 2022
“He is very knowledgeable, user-friendly and has excellent judgement.”
Chambers and Partners, 2021
“Has excellent judgement, is genuinely open-minded to the thoughts and suggestions of others, and his written work and tactical thinking are first class.”
Legal 500, 2021
“He knows the market well and the relevant regulatory schemes thoroughly; he is very confident and projects that well.”
Chambers and Partners, 2020
“An outstandingly clever person, he's hugely experienced and one of the leaders in this area.”
Legal 500, 2019
“His written work is superb and he works well in a team.”
Chambers and Partners, 2019
“Bright, clever and switched on.”
Chambers and Partners, 2019
“A fantastic drafter, a fantastic analyst, and always on top form.”
Legal 500, 2018
“Unique in his ability to understand and apply difficult concepts to difficult commercial issues.”
Legal 500, 2018
“Absolutely fantastic. A very clever guy.”
Chambers and Partners, 2018
“Very bright, able and has good judgement. Clearly impressive”
Chambers and Partners, 2017
“Excellent: practical, expert and quick.”
Legal 500, 2017
“Excellent – there is no one better for FCA work at his level”
Legal 500, 2016
“His knowledge of FCA related matters is excellent and his judgement is also first rate.”
Legal 500, 2015
Successfully acted for QFC Regulatory Authority in application to commit major UAE bank for contempt for non-compliance with Court orders, and successful applications for cross-jurisdictional disclosure in investigations of allegations of currency manipulation during Qatar-UAE blockade.
Acting for State of Ukraine defending a $3 billion claim brought by Russia for non-repayment of Eurobonds. Successful in Court of Appeal. Pending in Supreme Court. Cases raises issues of foreign act of state and justiciability of the threats made against Ukraine by Russia.
Successfully acted for Barclays in judicial review of the ‘decision’ of KPMG as independent reviewer of the sale of Interest Rate Hedging Products by Barclays.
Disciplinary proceedings before FRC Tribunal concerning collapse of large UK company.
Successfully acted for D&T before FRC Appeals Panel and in claim for judicial review in disciplinary proceedings arising out of the takeover of MG Rover by the Phoenix Four.
Acted for QFC Regulatory Authority in appeal by regulated person to QFC Tribunal.
Successfully acted for the FCA in Court of Appeal challenge to decision of trial judge to stay criminal proceedings due to Very High Cost Case dispute with counsel.
Judicial review against FSA for failure to give proper reasons in a decision notice.
Acted for Respondent in appeal by FCA to the Court of Appeal in prohibition order and market abuse case.
Successfully acted for the Qatar Financial Centre Regulatory Authority (“QFCRA”) in the first challenge before the QFC Regulatory Tribunal by individuals to a decision notice of the QFCRA. The appeals concerned the collapse of Al Mal Bank LLC.
Ben is regularly instructed in major commercial disputes, especially those with a financial services or civil fraud element.
He has particular experience in commercial fraud cases and cases requiring without notice interim relief including freezing orders, search orders and obtaining Norwich Pharmacal relief.
For example, Ben acted for Lebara Mobile in urgent interim injunction proceedings about IP blocking by Lyca Mobile (Lebara v Lyca [2015] EWHC 3318 (Ch)) and obtained Norwich Pharmacal relief for Karren Brady of West Ham Football Club against accountants engaged by Tottenham Hotspur who had obtained her bank and telephone records (Brady v PKF & Hill [2011] EWHC 3178 (QB)). He was the counsel for the Claimant in Campaign Against Arms Trade v BAE Systems Plc (2007), obtaining extensive Norwich Pharmacal relief (and the first without notice protective costs order) to force BAE to explain how and why it had obtained CAAT’s privileged legal documents. He also obtained a Norwich Pharmacal order for Binyam Mohamed requiring the Security Service to disclose evidence they held about the Claimant’s mistreatment by or on behalf of the USA.
Ben has particular experience in media disputes. He has acted for broadcasters, collecting societies, telecoms companies, record companies, film finance and distribution companies, artists, performers and managers in regulatory, commercial and employment disputes.
MA Hons (Cantab)
In 2015, Ben won Liberty’s Human Rights Lawyer of the Year award.
In December 2013, Ben was ranked as one of Chambers UK’s Top Junior Bar 100, in their inaugural listing of the top barristers practising at the Bar of England & Wales. “Combines being very clever with also being very practical. He is quick, responsive, very clear, and an excellent all-rounder for someone still quite young."
VAT registration number: 757125131
Barristers regulated by the Bar Standards Board
Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Derek Sutton
Deputy Senior Clerk
+44 (0) 207 822 7327
Adam Sloane
Deputy Senior Clerk
+44 (0) 207 822 7326
Dean Tolman
Clerk
+44 (0) 207 822 7331
Billy Brian
Clerk
+44 (0) 207 822 7339
Marc Armstrong
Clerk
+44 (0) 207 822 7330
Adam Fuschillo
Clerk
+44 (0) 207 822 7329
Danny Compton
Clerk
+44 (0) 207 822 7338
Sophie Floydd
Clerk
+44 (0) 207 822 7324
Rio Sully
Clerk
+44 (0) 207 822 7299