Ben FitzGerald

News:

SELECT TOP(10) ChildSite.SitePageId, ChildSite.PageFolder, ChildSite.PageName, ChildSite.PageType, CFTitle.CustomInformationValue, CFDescript.CustomInformationValue, CFDate.CustomInformationValue, CFCat.CustomInformationValue, CaseDate = CASE WHEN Len(CFDate.CustomInformationValue) < 1 THEN null ELSE CAST(SUBSTRING(CFDate.CustomInformationValue,7,4) + '-' + SUBSTRING(CFDate.CustomInformationValue,4,2) + '-' + SUBSTRING(CFDate.CustomInformationValue,1,2)AS DATETIME) END FROM tblSitePage ParentSite INNER JOIN tblLinkPage LinkPage ON (ParentSite.SitePageId = LinkPage.pageID) INNER JOIN tblSitePage ChildSite ON (LinkPage.linkPageID = ChildSite.SitePageId) INNER JOIN tblCustomFieldInformation CFTitle ON ChildSite.SitePageId = CFTitle.SitePageId AND CFTitle.CustomFieldId = 1 INNER JOIN tblCustomFieldInformation CFDescript ON ChildSite.SitePageId = CFDescript.SitePageId AND CFDescript.CustomFieldId = 2 INNER JOIN tblCustomFieldInformation CFCat ON ChildSite.SitePageId = CFCat.SitePageId AND CFCat.CustomFieldId = 3 INNER JOIN tblCustomFieldInformation CFDate ON ChildSite.SitePageId = CFDate.SitePageId AND CFDate.CustomFieldId = 4 WHERE ParentSite.SitePageId =283 AND ParentSite.PageStatus Like 'Live' AND ParentSite.PageLevel = 4 AND ChildSite.PageStatus Like 'Live' AND ChildSite.PageLevel = 4 ORDER BY CaseDate DESC, ChildSite.PageOrder, ChildSite.PageName
undefined

QEB News: Edward Brown QC and Ben Fitzgerald represent prosecution in Ben Butler murder trial
21.06.2016 More >

QEB News: Prosecution offer no evidence after complainant's evidence discredited in fraud and money laundering trial
20.06.2016 More >

QEB News: Members of QEB Hollis Whiteman form prosecution team in Ben Butler murder trial
20.04.2016 More >

QEB News: Acted on behalf of GMC in case against Doctor alleged to have carried out multiple unhygienic and substandard circumcisions. Mr Siddiqui was erased by the MPTS.
5.2.2015 More >

 

Ben FitzGerald

Call 2000
BA(Hons) History (Trinity College, Cambridge University, First Class)
PGD in Law (City University)


Practice: Fraud and Financial Crime, General Crime, Professional Regulation and Public Inquiries

“He has an outstanding ability to explain complex issues in a readily understandable way. There is a real sophistication to his advocacy.” Chambers and Partners 2017 (Crime).

“Fantastic in terms of his advocacy and his ability to control very difficult clients. He’s very commercial and thoughtful in his approach, and never talks down to anyone so he’s good in a team.” Chambers and Partners 2017 (Financial Crime)

“Highly intelligent and tactically aware.” Legal 500 2016 (Business and Regulatory Crime, including Global Investigations).

“An outstanding senior junior who is completely dependable even with the most difficult brief or client." Chambers and Partners 2016 (Crime).

“Regularly instructed by high net worth professionals and large businesses in the City to handle high-level white-collar defence work. He is incredibly adept at handling large-scale SFO and FCA investigations.” Chambers and Partners 2016 (Financial Crime).

“He approaches every case – however big or difficult – in a calm, logical and thoughtful way.” Legal 500 2016 (Professional Discipline and Regulatory Law)

“A brilliant advocate well above his years of call.” Legal 500 (2015) Fraud: Crime (Including Money Laundering and Asset Forfeiture).

“Hardworking and unflappable at all times.” Legal 500 (2015) Crime.

Recommended by Chambers and Partners and the Legal 500 as a Leading Junior in Crime, Financial Crime, Business and Regulatory Crime and Professional Discipline.

 

Summary:

Ben FitzGerald prosecutes and defends in high-profile cases of serious crime, fraud and professional regulatory offending. He is ranked as a leader in his field by Chambers and Partners and the Legal 500.

He is a Grade 4 prosecutor for the CPS and regularly prosecutes cases of homicide and organised crime, such as the recent child-murder case of R v Ben Butler and Jennie Gray at the Central Criminal Court (2016).

He defends corporate clients and professionals who require impeccable preparation and presentation in respect of criminal and regulatory allegations. He has successfully defended the UK’s largest retailer against private criminal prosecution. In 2016, he successfully defended the Chief Executive Officer of a web technology company from fraud charges based on evidence gathered by a prominent private prosecutions firm (R v Davda and Panchal). He also secured a suspended sentence in 2016 for a client who pleaded guilty to evading personal income tax of over £100,000 (R v Maxim). He currently represents a company director charged in connection with an alleged £109 million tax fraud.

He has advised Thames Valley Police extensively on issues of legal privilege concerning a multi-million pound banking fraud on HBOS (R v Mills and others at Southwark Crown Court). He was recently instructed by the British Transport Police on an application for special procedure material to identify a high-profile offender, then acted in associated Judicial Review proceedings (the Stonegate fare evasion case).

He also has in-depth knowledge of Health and Safety law and practice, having recently secured criminal convictions against corporates and individuals concerning a workplace death (R v Babamiri and others) and having in 2016 obtained a suspended sentence in the tragic case of a client whose best friend was killed in a workplace accident involving Health and Safety failures when working at height (R v Bakewell).

Having served as First Junior Counsel to the Mid Staffordshire Public Inquiry, he has an in-depth understanding of Public Inquiry procedure and the operation of the NHS.

He is a highly-rated and expert advocate in professional disciplinary proceedings, with experience of various tribunals including the Medical Practitioners Tribunal Service, the General Dental Council and the Nursing and Midwifery Council. He is equally adept whether presenting the case for the regulator or acting for the individual professional.

He is regularly instructed by the General Medical Counsel to advise upon and prosecute some of its most serious cases. He acted in the case of Dr Keilloh, the Regimental Medical Officer within the Army unit responsible for the death of Baha Mousa in Iraq. He advised the GMC on pursuing Fitness to Practise allegations against Medical Directors at the Mid Staffordshire Trust. He currently advises the GMC on sensitive investigations involving whistleblowing and medical management.

 

Professional Memberships

Member of Criminal Bar Association
Member of Association of Regulatory & Disciplinary Lawyers
Registered with the Bar Council - Public Access Directory
Member of the Public Access Bar Association - PABA

Education

First Class BA(Hons) in History from Trinity College, Cambridge. Postgraduate Diploma in Law from City University.

Notable cases:

R v D (2013-2016)
Acting for Company Director charged in relation to £109m alleged tax fraud and money laundering.

R v Panitzke 'Operation Vaulter' (2013-2016)
Large fraud and money laundering case

Prosecution offer no evidence after complainant's evidence discredited in fraud and money laundering trial (2016)
QEB Hollis Whiteman member Ben FitzGerald represented a former Chief Operating Officer and fellow member Polly Dyer represented her partner, who were charged with fraud and money laundering respectively.

R v Butler and Gray (2016)
Edward Brown QC, Ben Fitzgerald and Philip Stott prosecute father for murder of 6 year old daughter and her mother for child cruelty and perverting the course of justice.

GMC -v- Siddiqui (2015)
Acted on behalf of GMC in case against Doctor alleged to have carried out multiple unhygienic and substandard circumcisions.

R v Babamiri and others (2014)
Successful prosecution of companies and individuals for Health and Safety offences and gross negligence manslaughter arising

R v Malinovskij (2014)
Edward Brown QC and Ben FitzGerald act for the prosecution in ‘brutal and premeditated’ murder conviction

GMC -v- Kenyon (2014)
Acts on behalf of GMC in Fitness to Practise case against Doctor alleged to have misled patients over novel cancer treatment.

R -v- Forgie (2013)
Man pleads guilty to stabbing his mother to death.

Mid Staffordshire NHS Foundation Trust Public Inquiry (2010) - (2013)
Junior counsel to the inquiry

GMC v Dr Beacon (2013)
Surgeon has an affair with a patient

GMC v Keilloh (2012)
Dr found guilty of dishonest conduct

Articles:

A new era of enforcement in hospital care?
Ben FitzGerald - Barrister at QEB Hollis Whiteman Chambers and First Junior Counsel to the Mid Staffordshire Trust Public Inq 29.11.2013
Download (PDF) >

The Mid Staffordshire Inquiry - An Introduction to its lessons.
Ben FitzGerald has completed an article on the Mid Staffordshire NHS Foundation Trust Public Inquiry. 16.8.2013
Download (PDF) >

Deaths in police custody
Deaths in police custody The role of the custody officer - past, present and future 13.6.2007
Download (PDF) >