Photo of Ben Morris

Ben Morris

Year of call 2004, Lincoln's Inn

pi@9sjs.com  

Areas of Expertise
Court of Protection, Insurance Fraud, Personal Injury, Special Education Needs

Personal Injury:
"Ben is responsive, thorough, and has a keen eye for detail. He will invariably produce excellent written advice and pleadings on schedule without being chased and he is a go-to counsel for serious injury and complex cases on the Northern Circuit."

Legal 500 2024


"It has been a pleasure to work with Ben on a number of high profile and challenging fraud cases. The measure of his success is due to his calm, confident, unruffled, measured and meticulous approach to advocacy and his significant weight and persuasiveness in his negotiation skills and court room presence."

Paul Wainwright, Partner - Browne Jacobson


"Ben has an ability to cut through the voluminous documentation so often arising in fraud cases, to disregard the red-herrings and focus on the issues which the court will be the most interested in. He has a willingness to engage in frank dialogue with instructing solicitors, such that the ultimate client benefits from a considered tactical and practical approach. Ben shows his experience in the fraud arena by taking into account the latest judicial approaches without being afraid to apply less orthodox strategies to secure the best possible outcomes. He adopts a welcome ‘all-encompassing’ approach in conference with instructing solicitors and the lay/ insurer clients and is a ferocious and comprehensive drafter."

Alec Thomson – Messrs. DWF LLP


"Ben provided excellent advice in an approachable manner demonstrating an understanding of the procedural, practical and strategical issues of the case. His confidence and skill as an advocate meant he was able to follow through with his advice to deliver an outstanding trial win."

Ian Toft – Messrs. Keoghs LLP


"Ben is a very approachable Barrister, diligent in reviewing evidence with a keen understanding of the issues and principles involved in each case. Ben is very methodical in his advocacy, whilst retaining the cutting edge needed to turn a case in his favour. Ben is well liked by his clients and is able to explain a case in 'plain English' thereby ensuring that each client has a good understanding of the strengths and weaknesses of their case. A good all round advocate, who can be relied upon to maximise the potential of each case and has a keen understanding of the issues and pitfalls of EL/PL and RTA law."

Michael Dale – Messrs. Thompsons Solicitors


PROFILE

Ben specialises in all aspects of personal injury law with a particular emphasis on serious injury. He has built a varied and successful multi track practice and is regularly instructed in medium to high value claims worth in excess of £500,000 often involving complex and nuanced legal and procedural issues.

Ben has significant experience as a trial lawyer and is robust and determined in Court. He is also requested for his skills as an adept negotiator and is utilised for Joint Settlement Meetings (’JSMs’) particularly those requiring meticulous attention to detail. His relaxed and reassuring manner allow Ben to quickly establish a good rapport with his clients who are reassured as to his ability to represent them from the outset.

AREAS OF PRACTICE

PERSONAL INJURY LARGE LOSS

Ben has in excess of 15 years of experience in serious and catastrophic injury litigation.

Ben acts for both Claimants and Defendants and his experience includes cases involving:

· Serious traumatic brain injury

· Acoustic shock

· Military claims (particularly non-freezing cold injury)

· Polytrauma claims

· Serious spinal injury claims

· Fatal accidents

· Chronic pain, CRPS, fibromyalgia and somatoform disorder

His current case load includes:

Acting on behalf of the Defendant in a claim brought by a young Claimant for damages arising from the onset of CFS/Fibromyalgia following a fracture to an upper limb sustained during a trampolining exercise. This claim involves significant causational issues including the consideration of the link between trauma and CFS/Fibromyalgia.

Acting on behalf of a Claimant in a road traffic collision in which the Claimant suffered serious polytrauma resulting in cognitive dysfunction, mobility issues, chronic pain and serious psychological injury.

Acting for the Claimant in a secondary victim claim for psychological injury after they witnessed the tragic and untimely death of their young son following a road traffic incident.

CIVIL FRAUD

Ben has considerable expertise in defending civil fraud claims, having been at the forefront of this area for over a decade. He is a formidable advocate, whose forensic analysis of a case ensures that his clients are placed in the best position to defend these such claims. His expertise particularly encompasses the spheres of Employer’s Liability and Public Liability fraud.

Ben works nationwide with the major defence solicitors’ firms and has become well known for adopting a determined approach to actual or suspected fraudulent claims. Ben is often instructed at an early stage to proof witnesses, settle defences and provide full liability and quantum advise.

He adopts a symbiotic relationship with his solicitors to ensure that strategy and tactics are shared to ensure that the case is considered as a whole and the right steps are taken to achieve the most advantageous result. Ben actively welcomes speaking to his instructing solicitors directly about any case he may be working on for them but importantly on other cases where an issue arises that needs a 'second set of eyes'.

Ben appreciates the technical aspects of fraud cases and the pressures experienced by both his instructing solicitors and insurer clients, especially in the current economic climate and with the significant changes occurring in relation to funding and other procedural rule amendments. He is Counsel who knows these matters inside and out.

TRAVEL LAW

Ben has the advantage of bringing over a decade of experience of litigating insurance fraud cases to this area. He is keenly aware of the importance and impact that fraudulent gastroenteritis claims in particular are having on the industry and is experienced in advising on and litigating these claims.

COURT OF PROTECTION

Ben has acquired a significant understanding in this jurisdiction and is keen to develop his skills and knowledge further. Ben acts on behalf of vulnerable individuals, their families and those who care for them including Local Authorities, private individuals, medical professionals and NHS trusts.

As part of his core practice in personal injury, Ben is particularly suited to assist in cases in which the Court of Protection is, or may become, involved in the management of financial settlements for those individuals who are unable to deal with such matters themselves.

Ben has a particular interest in disputes regarding the social welfare of incapacitated adults and children and medical treatment issues and urgent applications for life saving medical treatment.

His work includes:

· Personal welfare applications

· Serious medical treatment applications

· Section 21A applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivation of Liberty Safeguards [DoLS]

· Emergency applications

NOTABLE CASES

  • D v NFU Mutual v B & Co Solicitors, Carlisle County Court - This case has received significant attention within legal publications. Ben was instructed by Browne Jacobson Solicitors acting on behalf of NFU Mutual. Following a multi-day hearing before HHJ Peter Hughes KC, Barber & Co Solicitors who purported to act on behalf of a Claimant for injuries arising out of a road traffic accident were ordered to pay indemnity costs to NFU Mutual as a consequence of acting without instructions. In delivering his judgment HHJ Peter Hughes KC described the conduct of Messrs. Barber & Co during the course of the investigation into the matter as both "evasive" and "reprehensible". HHJ Peter Hughes KC said in his judgment "It appears that a number of criminal offences may have been committed through the firm of Barber. These include fraud in making a false claim for compensation, forgery of a medical report and engaging in acts tending to pervert the course of justice. These are serious allegations, if substantiated."
  • A & A v Tesco Underwriting & L & M v Tesco Underwriting, Nottingham County Court - Ben was instructed to defend four claims arising from two 'linked' road traffic accidents. The claims were listed to be heard consecutively. Following the four-day trial the Claimants’ claims for personal injury were all dismissed.
  • "Operation Orion" - Ben was instructed in Britain’s then largest motor insurance civil fraud case acting on behalf of 7 insurers suing some 60 Defendants in the torts of deceit and conspiracy, recovering almost £400,000 in damages including £92,000 exemplary damages. Ben was led in this matter by Head of the Personal Injury Team, Brian McCluggage.
  • W v J v NIG Insurance - Appeal, Leicester County Court - Following an interlocutory hearing in which Ben successfully struck out a significant aspect of the Claimant's special damages claim. Ben was instructed on behalf of the Defendant insurer and successfully resisted the Claimant’s appeal of that decision.
  • Y & Others v M v Direct Line, Manchester County Court - Ben was instructed by a large Defendant firm in the North West and the four-day trial centred on an alleged induced accident in Manchester. At the conclusion of the case the Claimants were found to have acted fraudulently and were ordered to pay the Defendants’ costs of the action.
  • HW v QE School - Ben was instructed on behalf of the Claimant who had suffered a brain injury having fallen from a ladder at his employer’s school. This claim was settled at JSM.
  • CH v G - Ben was instructed on behalf of the widow of the deceased who was a pedestrian when struck by the Defendant’s motor vehicle. This case was settled at JSM.

Education

MA (Hons), King's College, Cambridge University
Postgraduate Diploma in Law – Inns of Court School of Law.

Prescribed Information

Ben is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Ben can be found here.

Ben's clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for Ben to undertake Court work for a fixed fee or a brief fee plus additional refresher days. For any advisory work including paperwork and conferences it is most commonly charged at an hourly rate although fixed fees are available. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Ben will typically return paperwork within 14 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.

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