• 'One of the most attractive and clever advocates around, who both prosecutes and defends expertly.'  Chambers UK Financial Crime (2023)
  • 'He is phenomenal and a very lovely, measured advocate. He wins the trust of judges easily and his drafting is second to none.' Chambers UK Financial Crime (2022)
  • 'He is very clever; he is incredibly thorough, and clients really do love him. He is absolutely one of the best - top-notch'  Chambers HNW, Financial Crime: High Net Worth Individuals (2020)
 

Ben FitzGerald KC

Called to the Bar:2000

Silk:2023

  •  

    Corporate and Financial Crime 

    Ben represents professional and corporate clients facing high-profile allegations of corporate and financial crime including: rate manipulation; all types of fraud including tax fraud; tax evasion; bribery and corruption; and corporate health and safety breaches. He is instructed by City firms who demand impeccable tactical planning and precise advocacy. He is instructed in some of the SFO’s most significant prosecutions and investigations. He is ranked by Chambers & Partners as a leading New Silk in Financial Crime, Financial Crime (Corporates) and Financial Crime (High Net Worth Individuals), having been ranked in Band 1 in each area as a junior.

    Crime 

    Ben prosecutes and defends serious general crime cases, notably prosecuting homicide and organised crime for the specialised units of the CPS at the Central Criminal Court in cases of extreme sensitivity and media interest. He is forensically astute, dealing with the most complex evidence and he is adept at dealing with extremely difficult legal issues. Ben is well placed to defend professionals as investigations by regulating agencies move into the criminal sphere. He also has experience of defending private prosecutions. Ben is regarded as one of the foremost advocates in his field. He is ranked by Chambers & Partners as a leading New Silk in Crime, having been ranked in Band 1 as a junior.

    Reviews 

    Legal 500 2025: Crime - Tier 1; Fraud (Crime) - Tier 1; Business and Regulatory Crime (Including Global Investigations) - Tier 1

    Chambers UK 2024: Financial Crime – New Silk; Financial Crime: Corporates - New Silks; Crime – New Silk

    Legal 500 2024: Crime - New Silk, Fraud (Crime) - New Silk

    Chambers UK 2023: Financial Crime – Band 1; Financial Crime: Corporates - Band 1; Crime – Band 2Chambers High Net Worth 2022: Financial Crime: High Net Worth Individuals – Band 1

    Who's Who Legal 2022: Ranked Junior in UK Bar 2022 for Criminal Fraud.

    "Phenomenally bright, he puts his cases together well and  makes the complex look easy." Chambers UK Crime (2024)

    "He achieves extraordinary results."  Chambers UK Financial Crime (2024)

     ‘Intelligent, calm, authoritative and effective. Strategic, thoughtful and easy to work with. A great lawyer with real gravitas – fully deserving of his silk appointment.’ Legal 500 Business and Regulatory Crime (2024)

    'One of the most attractive and clever advocates around, who both prosecutes and defends expertly.' Chambers UK Crime (2023)

    'Ben is extremely thoughtful and writes good advice.'He thinks very creatively and is very persuasive.' 'Ben is effective in court'. Chambers UK Financial Crime (2023)

    'Ben is extraordinarily hard-working, clever, with great attention to detail and calm under fire' Legal 500 Business and Regulatory Crime (2023)

    'He is very bright and practical - always a pleasure to work with." "He is incredibly sharp." "He is phenomenal and a very lovely, measured advocate. He wins the trust of judges easily and his drafting is second to none.' Chambers UK Financial Crime (2022)

    'Ben is exceptionally smart and hard working. He quickly assimilates a vast amount of information and hits the ground running. He is tactically astute and a pleasure to work with.' Legal 500 Crime (2022)

    'Ben is extraordinarily hard-working, clever, with great attention to detail and calm under fire.' Legal 500 Business and Regulatory Crime (2022)

    'A very bright and highly effective advocate whose written work is very good.' 'He has a forensic approach to cases' and is 'extremely quick in getting up to speed and providing insightful advice.' Chambers UK Crime (2021)

    'He is excellent, has a fantastic practice and is really capable.' 'He is hugely talented and produces very high-quality written work.' Chambers UK Financial Crime (2021)

    'A tough and steely defender, fearless in the face of a difficult court. Incredibly clever and wonderful with clients. Calm under pressure and powerfully persuasive.' Legal 500 Crime (2021)

    'Ben is a standout barrister. He is highly intelligent and capable. Ben is able to assimilate a huge amount of information in short periods and meaningfully add to a case. Fits in seamlessly to a team.' Legal 500 Fraud: Crime (2021)

    'An intelligent and inventive thinker, who keeps his composure under pressure. Powerfully persuasive, with very sound depth of legal knowledge. Extremely personable with great attention to detail.' Legal 500 Business and Regulatory Crime (2021)

    ‘A very thorough and insightful junior, who is headed for great things.’ Chambers UK Crime (2020)

    'He is very, very good. He is very clever; he is incredibly thorough, and clients really do love him. He is absolutely one of the best - top-notch' - Chambers HNW, Financial Crime: High Net Worth Individuals (2020)

    ‘He has a very clear, logical legal mind, is really easy to work with and is very bright.’ ‘He has all the qualities you look for - he's cerebral but he also knows how to frame an argument and he's very hard-working. All in all a very able and effective advocate.’ Chambers UK Financial Crime (2020)

    ‘He has the ear of judges, yet is unafraid to stand up to them.’ Legal 500 Business & Regulatory (2020)

    ‘Incredibly clever, great with clients, completely dependable and an extremely good advocate.’ Legal 500 Crime (2020)

    ‘He remains calm under fire.’ Legal 500 Fraud: Crime (2020)

    ‘He has drafting skills ahead of his years and his legal analysis is superb.’ ‘Ben is an extremely intelligent lawyer who is very responsive.’ Chambers UK Crime (2019)

    ‘Really, really bright, very on top of the law and very hard-working.’ ‘He's a fantastic tactician.’ Chambers UK Financial Crime (2019)

    ‘He is a top junior.’ ‘He is a leading name for sure and absolutely excellent.’ Chambers High Net Worth (2019)

    ‘Clearly destined for great things – he analyses problems carefully and is very diplomatic with clients.’ Legal 500 Business & Regulatory (2018)

    ‘He is able to rapidly win the confidence of the court and his client.’ Legal 500 Crime (2018)

    ‘Quite brilliant – he makes oral argument in cases even when several silks are defending.’ Legal 500 Fraud: Crime (2018)

    ‘An outstanding senior junior who is completely dependable even with the most difficult brief or client.’ Chambers UK Financial Crime (2018)

    ‘Obviously a star in the making.’ Chambers UK Financial Crime (2018)

    ‘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 UK Financial Crime (2017)
     

    Appointments

    • CPS External Advocates Panel Grade 4
    • Serious Fraud Office Prosecution Counsel Panel A

    Professional Memberships

    • Association of Regulatory & Disciplinary Lawyers
    • Criminal Bar Association
    • Fraud Lawyers Association
    • Registered with the Bar Council – Public Access Directory
    • Public Access Bar Association 
    • Private Prosecutors’ Association

    Education

    • Bar Vocational Course – Inns of Court School of Law
    • Postgraduate Diploma in Law – City University
    • BA (Hons) History: First Class – Trinity College, University of Cambridge

       

    Recent Cases

    • Ben FitzGerald acted for the prosecution in the case of Fartun Jamal, who was charged with causing the death of her infant daughter by neglect and further offences of child cruelty concerning both her children.Ben secured, presented and cross-examined upo...

      ...
    • On 31 January 2020, Dame Victoria Sharp PQBD gave final public approval to a Deferred Prosecution Agreement (‘DPA’) between the Serious Fraud Office and Airbus SE, relating to historic failures to prevent bribery and corruption offences in mul...

      ...
    • Ben Fitzgerald is instructed as junior defence counsel advising a senior executive in the SFO’s recently-announced investigation into alleged bribery and corruption at a huge multi-national commodities trader. This investigation follows upon an earl...

      ...
    • Ben FitzGerald successfully defended John Varley, former Chief Executive of Barclays, in the SFO’s prosecution of four individuals for fraud concerning the Bank’s 2008 capital raising from Qatar.

      ...
    • The fraud trial of four former Barclays executives began on 23/01.

      ...
    • Crispin Aylett QC and Ben FitzGerald acted for Barclays plc and Barclays Bank plc.

      ...
    • Ben FitzGerald secured the dismissal of the charges against Barclays and Barclays Bank in the SFO’s prosecution concerning the 2008 capital raising from Qatar.

      ...
    • Ben FitzGerald successfully prosecuted the French couple Ouissem Medouni and Sabrina Kouider for the murder of their au pair Sophie Lionnet.

      ...
    • Crispin Aylett QC and Ben FitzGerald acted for Barclays PLC in the SFO investigation into allegations that the bank had given Qatar secret fees that helped it to survive without a UK government bailout in 2008.  All charges were dismissed against the comp...

      ...
    • Ben FitzGerald represented a company director indicted for conspiracy to cheat the Revenue, involving an allegation that £109m of tax was placed at risk.

      ...
    • Advising a major UK financial institution on matters relating to LIBOR manipulation and fraud.

      ...
    • Ben Fitzgerald acted as independent counsel dealing with legal professional privilege in a multi-million pound case of bribery and corruption against HBoS (Southwark Crown Court).

      ...
    • Edward Brown QC leading Ben Fitzgerald and Philip Stott acted  for the prosecution in the trial of the murder of six-year-old Ellie Butler by her father Ben Butler.

      ...
    • Ben FitzGerald acted as junior prosecution counsel, together with Mark Ellison QC, in this historic murder case.

      ...
    • Defending the chief operating officer of a London tech company, Ms Davda, was charged with fraud by abuse of position.

      ...
    • Ben FitzGerald acted alone for the defendant in this Health and Safety Executive prosecution arising from a fatal accident.

      ...
    • Ben Fitzgerald's  client was an exotic dancer at Stringfellows Nightclub, who admitted to evading income tax over a five-year period of in excess of £100,000.

      ...
    • Keith Green was charged with fraud by false representation and perverting the course of justice.

      ...
    • A tragic case in which a 17 year old Muslim girl was charged with the attempted murder of her newborn baby.

      ...

    News

    • QEB Hollis Whiteman Recognised by Chambers & Partners Financial Crime: High Net Worth Individuals

       Chambers and Partners released their rankings for Financial Crime: High Net Worth Individuals and QEB Hollis Whiteman and its members are acknowledged as leaders in the field.Chambers is ranked as Band 1 and nine members of Chambers  are ranked as leader...

      ...
    • Ben FitzGerald is sworn in as King's Counsel

      QEB Hollis Whiteman is delighted for Ben FitzGerald who is being formally sworn in today as King's Counsel at Westminster Hall before the Lord Chancellor.Ben practices in both general crime and corporate and financial crime and is particularly noted for h...

      ...
    • New Silk for Chambers - Ben FitzGerald to be appointed King's Counsel

      We are delighted to announce that His Majesty the King has approved the Lord Chancellor’s recommendation that Ben Fitzgerald should be appointed King's Counsel.Newly appointed KCs will make their declaration in 2023. Congratulations to all who were ...

      ...
    • QEB Hollis Whiteman Recognised by Chambers & Partners Financial Crime: High Net Worth Individuals

      Chambers and Partners released their rankings for Financial Crime: High Net Worth Individuals today and QEB Hollis Whiteman and its members are acknowledged as leaders in the field.Chambers is ranked as Band 1 with sources describing us as "a set of chamb...

      ...
    • Thurs 16th July

      QEB Hollis Whiteman, in collaboration with SKRINE, will present a webinar on the practical insights needed to keep organisations compliant with s. 17A MACC Act.Malaysia’s corporate liability law is modelled on the UK Bribery Act 2010. The experience...

      ...
    • Ben FitzGerald and Katherine Buckle act in Airbus Deferred Prosecution Agreement (2020)

      On 31 January 2020, Dame Victoria Sharp PQBD gave final public approval to a Deferred Prosecution Agreement (‘DPA’) between the Serious Fraud Office and Airbus SE, relating to historic failures to prevent bribery and corruption offences in mul...

      ...
    • QEB Hollis Whiteman ranked in Chambers High Net Worth Guide

      Chambers & Partners’ High Net Worth publication ranks the top lawyers and law firms for international private wealth.Its 2019 edition launched on Thursday 11th June and marks the first time that Chambers HNW has featured barristers who specialise in...

      ...
    • SFO v Barclays: five members of Chambers in landmark case

      The fraud trial of four former Barclays executives began on 23/01.

      ...
    • Barclays successfully defends SFO application for voluntary bill of indictment

      Crispin Aylett QC and Ben FitzGerald acted for Barclays plc and Barclays Bank plc.

      ...
    • French couple convicted of murdering au pair Sophie Lionnet

      Ben FitzGerald successfully prosecuted a French couple for the murder of their au pair Sophie Lionnet.

      ...
    • Charges dismissed in Barclays fraud case

      Crispin Aylett QC and Ben FitzGerald acted for Barclays PLC and Barclays Bank PLC, together with Richard Lissack QC of Fountain Court Chambers, on a successful application before Mr Justice Jay to dismiss all charges against the corporate defendants, in a...

      ...
    • Ben Fitzgerald prosecutes in Sophie Lionnet death case

      Ben FitzGerald appears for the prosecution against two defendants admitted perverting the course of justice by attempting to burn the body of Sophie Lionnet.

      ...
    • Ben Fitzgerald is ranked as a Leader in his Field in Crime, Financial Crime and Professional Discipline in Chambers UK Bar Directory 2018

       Details of the rankings and commentaries will be published in November 2017 in the Chambers UK Bar Directory 2018.

      ...
    • Edward Brown QC, Ben Fitzgerald and Philip Stott represent prosecution in Ben Butler murder trial

      Edward Brown QC, Ben Fitzgerald and Philip Stott were instructed by the CPS in the trial of Butler for the murder of his six-year-old daughter Ellie.

      ...
    • Prosecution offer no evidence after complainant's evidence discredited in fraud and money laundering trial

      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. The case concerned the payment of recruitment fees ...

      ...
    • 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.

      The misconduct hearing of Dr Mohammed Siddiqui started this week. Dr Siddiqui is charged with carrying out multiple unhygienic and substandard circumcisions.  Dr Siddiqui, who denies the allegations, was the subject of a BBC Radio 5 documentary in 2013.Fo...

      ...
    • Mid Staffordshire report

      The Francis report into the failure of NHS managers and regulators at Mid Staffordshire hospital trust was published on the 6th February 2013.

      ...
    • Mid-Staffs NHS Public Inquiry

      Tom Kark QC has been questioning ex-Secretary of State for Health, Andy Burnham and ex-Health Minister Ben Bradshaw at the Mid Staffordshire Public Inquiry.

      ...
  • Corporate and Financial Crime

     

    Overview

    Ben represents professional and corporate clients facing high-profile allegations of corporate and financial crime including: rate manipulation; all types of fraud including tax fraud; tax evasion; bribery and corruption; money laundering; and corporate health and safety breaches. He is instructed by City firms who demand impeccable tactical planning and precise advocacy. He is instructed in some of the SFO’s most significant prosecutions and investigations. He is ranked by Chambers & Partners as a leading New Silk in Financial Crime, Financial Crime (Corporates) and Financial Crime (High Net Worth Individuals), having been ranked in Band 1 in each area as a junior.

    Experience 

    Ben represented Barclays in its dismissal of fraud charges arising from the bank's capital raising from Qatar during the financial crisis and its successful resistance to the SFO’s application for a voluntary bill of indictment in 2018. He was subsequently part of the team which secured the acquittal of Barclays’ ex-Chief Executive, John Varley, on the same charges at trial and before the Court of Appeal in 2019. 

    Ben represented a major UK bank in the SFO’s investigation into alleged LIBOR manipulation and fraud, culminating successfully in the termination of the investigation without charge in 2019. He also acted for a senior banker who remained uncharged in connection with the SFO's EURIBOR investigation.

    Ben subsequently acted for Airbus in securing the UK’s largest ever Deferred Prosecution Agreement as part of a co-ordinated global settlement with authorities in the UK, France and the US in 2020.

    In 2021, he acted for GPT Special Project Management Limited in the SFO's prosecution of the company for historic corruption in the Kingdom of Saudi Arabia, achieving a favourable financial penalty based on the company's cooperation and following successful negotiation on the scope of corporate liability. 

    He was instructed in 2021-22 on behalf of 14 individual suspects in the SFO’s investigation into bribery and corruption by Amec Foster Wheeler Energy Limited, successfully preserving their anonymity in the published materials arising from the Deferred Prosecution Agreement between the SFO and the company.

    In the same period, Ben secured the deletion of an INTERPOL Red Notice issued in respect of a dissident Russian banker accused of financial wrongdoing in Russia and the Czech Republic. Representing an Ultra High Net Worth UK entrepreneur, he also secured the resolution of criminal money laundering allegations by means of a confidential civil settlement.

    Ben currently acts for a senior manager within the oil industry in the DoJ and SFO’s investigations into bribery and money laundering concerning commodity trading company Glencore. 

    In Silk, Ben represented Vahid Alaghband in the SFO’s prosecution relating to Balli Steel, securing a nolle prosequi for his client. He currently acts for a solicitor facing trial for fraud by false representation, in relation to an alleged multi-million pound investment fraud.

    Ben has extensive experience of private prosecutions. He successfully defended the UK's largest retailer from a prosecution brought by a supplier on copyright infringement charges. He defended the Chief Operating Officer of a tech company against fraud charges instigated by the company's owner, persuading the prosecution to offer no evidence following his cross-examination of the complainant. In 2021, he successfully applied to quash a summons issued on the request of a wealthy Russian businessman against an individual who was pursuing civil proceedings for a share of the private prosecutor's wealth; the court agreed that the prosecutor had breached the duty of candour when making the application for the summons. 

    He has extensive experience of advising on Legal Professional Privilege, investigatory powers and judicial review proceedings.

    Ben acts regularly in Health and Safety cases for both the prosecution and for corporate or individual defendants. He recently represented a contractor charged over a death whilst working at height. He secured convictions against corporates and individuals arising from a workplace death on an industrial estate. 

    Ben brings tactical insight, intellectual ability and expert advocacy to bear in cases frequently involving complex and voluminous evidence and legal issues. He defends corporate clients and professionals who require impeccable preparation and case presentation in respect of financial crime and regulatory allegations; he also prosecutes in complex fraud and has extensive experience as Independent Counsel dealing with matters of LPP. He is regularly instructed by specialist fraud and City firms to advise on alleged financial offending of the highest sensitivity for the individuals and companies concerned. He is often engaged from the earliest stage of an investigation, throughout, until conclusion.

    Notable Cases

    SFO v Amec Foster Wheeler Energy Limited (2021-22)
    In July 2021, Lord Justice Edis approved a Deferred Prosecution Agreement between the SFO and Amec Foster Wheeler Energy Limited in respect of bribery and corruption involving multiple foreign jurisdictions. Ben FitzGerald was instructed originally on behalf of one of the senior executives suspected of criminality. Having successfully argued in July that publication of the facts of the misconduct agreed by the company should be postponed pending the charging decisions against the individuals, Ben was subsequently instructed for 14 individual suspects to preserve their anonymity following negative charging decisions and the subsequent publication of the DPA Statement of Facts in 2022. Those efforts succeeded, with the affected individuals remaining anonymous in the published material.

    VO v AT (2021)
    Ben FitzGerald successfully applied to quash a summons for perverting the course of justice issued on the application of a wealthy Russian private prosecutor against his opponent in a civil claim concerning ownership of a $1.5bn business in the Russian Federation. The summons was quashed due to the failure of prosecutor's failure to comply with the duty of candour in the original application. 
     

    SFO v GPT Special Project Management Limited (2021)
    Ben Fitzgerald acted for GPT in the SFO's prosecution of the corporate for historic corruption in the Kingdom of Saudi Arabia. 
     

    SFO v Airbus SE (2020)
    Ben FitzGerald acted for Airbus in securing the UK’s largest ever Deferred Prosecution Agreement, as part of a co-ordinated global settlement with the UK, French and US authorities.

    SFO v Varley & Others (2019)
    Ben FitzGerald represented Barclays, assisting the team acting for John Varley the former chief executive of Barclays. Ben was led by Nicholas Purnell QC.

    SFO v Barclays PLC & Others (2018) 
    Ben FitzGerald acted for Barclays and Barclays Bank in the SFO’s prosecution concerning the 2008 capital raising from Qatar. In May 2018, acting for the corporate defendants together with Richard Lissack QC and Crispin Aylett QC, Ben FitzGerald successfully applied before Mr Justice Jay to dismiss the charges.

    SFO investigation into LIBOR manipulation (2018)
    Ben FitzGerald advises a major UK financial institution in relation to the SFO’s investigation relating to LIBOR manipulation and fraud.

    R v Demetriou (2017-18)
    Representing a company director in a trial for conspiracy to cheat the Revenue, involving an allegation that £109m of tax was placed at risk and the laundering of millions of pounds of investors’ money through series of companies across multiple jurisdictions.

    R v Panitzke (2013-16)
    Representing a company director (Kingston Crown Court) on charges of tax fraud and money laundering in connection with multi-million pound transactions using cross-jurisdictional electronic banking.

    R v Babamiri & Others (2014)
    Ben Fitzgerald acted as junior counsel in the successful prosecution of a company and individuals for Health and Safety offences and a charge of gross negligence manslaughter arising from a workplace death.

    BTP v B (Stonegate fare evasion) (2014)
    Representing the police on an application for special procedure material concerning the identity of the “Stonegate fare evader”, and in subsequent judicial review proceedings (Blackfriars Crown Court and Administrative Court).

    Reviews

    Chambers UK 2024: Financial Crime – New Silk; Financial Crime: Corporates - New Silks

    Legal 500 2024: Crime - New Silk, Fraud (Crime) - New Silk

    Chambers UK 2023: Financial Crime – Band 1; Financial Crime: Corporates - Band 1

    Legal 500 2023: Crime - Tier 1; Business and Regulatory Crime (Including Global Investigations) - Tier 1

    Chambers High Net Worth 2022: Financial Crime: High Net Worth Individuals – Band 1

    Who's Who Legal 2022: Ranked Junior in UK Bar 2022 for Criminal Fraud.

    'Ben is extremely thoughtful and writes good advice.'He thinks very creatively and is very persuasive.' 'Ben is effective in court'. Chambers UK Financial Crime (2023)

    'He is very bright and practical - always a pleasure to work with.' 'He is incredibly sharp.' 'He is phenomenal and a very lovely, measured advocate. He wins the trust of judges easily and his drafting is second to none.' Chambers UK Financial Crime (2022)

    'Ben is exceptionaly smart and hard working. He quickly assimilates a vast amount of information and hits the ground running. He is tactically astute and a pleasure to work with.' Legal 500 Fraud:Crime (2022)

    'Ben is extraordinarily hard-working, clever, with great attention to detail and calm under fire.' Legal 500 Business and Regulatory Crime (2022) 

    'He is excellent, has a fantastic practice and is really capable.' 'He is hugely talented and produces very high-quality written work.' Chambers UK Financial Crime (2021)

    'Ben is a standout barrister. He is highly intelligent and capable. Ben is able to assimilate a huge amount of information in short periods and meaningfully add to a case. Fits in seamlessly to a team.' Legal 500 Fraud: Crime (2021)

    'An intelligent and inventive thinker, who keeps his composure under pressure. Powerfully persuasive, with very sound depth of legal knowledge. Extremely personable with great attention to detail.' Legal 500 Business and Regulatory Crime (2021)

    'He is very, very good. He is very clever; he is incredibly thorough, and clients really do love him. He is absolutely one of the best - top-notch' - Chambers HNW, Financial Crime: High Net Worth Individuals (2020)

    ‘He has a very clear, logical legal mind, is really easy to work with and is very bright.’ ‘He has all the qualities you look  for - he's cerebral but he also knows how to frame an argument and he's very hard-working. All in all a very able and effective advocate.’ Chambers UK Financial Crime (2020)

    ‘He has the ear of judges, yet is unafraid to stand up to them.’ Legal 500 Business & Regulatory (2020)

    ‘He remains calm under fire.’ Legal 500 Fraud: Crime (2020)

    ‘Really, really bright, very on top of the law and very hard-working.’ ‘He's a fantastic tactician.’ Chambers UK Financial Crime (2019)

    ‘He is a top junior.’ ‘He is a leading name for sure and absolutely excellent.’ Chambers High Net Worth (2019)

    ‘Clearly destined for great things – he analyses problems carefully and is very diplomatic with clients.’ Legal 500 Business & Regulatory (2018)

    ‘Quite brilliant – he makes oral argument in cases even when several silks are defending.’ Legal 500 Fraud: Crime (2018)

    ‘An outstanding senior junior who is completely dependable even with the most difficult brief or client.’ Chambers UK Financial Crime (2018)

    ‘Obviously a star in the making.’ Chambers UK Financial Crime (2018)

    ‘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 UK Financial Crime (2017)

    Recent Cases

    News

    • QEB Hollis Whiteman Recognised by Chambers & Partners Financial Crime: High Net Worth Individuals

       Chambers and Partners released their rankings for Financial Crime: High Net Worth Individuals and QEB Hollis Whiteman and its members are acknowledged as leaders in the field.Chambers is ranked as Band 1 and nine members of Chambers  are ranked as leader...

    • QEB Hollis Whiteman Recognised by Chambers & Partners Financial Crime: High Net Worth Individuals

      Chambers and Partners released their rankings for Financial Crime: High Net Worth Individuals today and QEB Hollis Whiteman and its members are acknowledged as leaders in the field.Chambers is ranked as Band 1 with sources describing us as "a set of chamb...

    • Thurs 16th July

      QEB Hollis Whiteman, in collaboration with SKRINE, will present a webinar on the practical insights needed to keep organisations compliant with s. 17A MACC Act.Malaysia’s corporate liability law is modelled on the UK Bribery Act 2010. The experience...

    • Ben FitzGerald and Katherine Buckle act in Airbus Deferred Prosecution Agreement (2020)

      On 31 January 2020, Dame Victoria Sharp PQBD gave final public approval to a Deferred Prosecution Agreement (‘DPA’) between the Serious Fraud Office and Airbus SE, relating to historic failures to prevent bribery and corruption offences in mul...

    • QEB Hollis Whiteman ranked in Chambers High Net Worth Guide

      Chambers & Partners’ High Net Worth publication ranks the top lawyers and law firms for international private wealth.Its 2019 edition launched on Thursday 11th June and marks the first time that Chambers HNW has featured barristers who specialise in...

    • SFO v Barclays: five members of Chambers in landmark case

      The fraud trial of four former Barclays executives began on 23/01.

    • Barclays successfully defends SFO application for voluntary bill of indictment

      Crispin Aylett QC and Ben FitzGerald acted for Barclays plc and Barclays Bank plc.

    • Charges dismissed in Barclays fraud case

      Crispin Aylett QC and Ben FitzGerald acted for Barclays PLC and Barclays Bank PLC, together with Richard Lissack QC of Fountain Court Chambers, on a successful application before Mr Justice Jay to dismiss all charges against the corporate defendants, in a...

    • Ben Fitzgerald prosecutes in Sophie Lionnet death case

      Ben FitzGerald appears for the prosecution against two defendants admitted perverting the course of justice by attempting to burn the body of Sophie Lionnet.

    • Prosecution offer no evidence after complainant's evidence discredited in fraud and money laundering trial

      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. The case concerned the payment of recruitment fees ...

  •  

    Overview

    Ben prosecutes and defends serious general crime cases, notably prosecuting homicide and organised crime for the specialised units of the CPS at the Central Criminal Court in cases of extreme sensitivity and media interest. He is forensically astute, dealing with the most complex evidence and he is adept at dealing with extremely difficult legal issues.  Ben is well placed to defend professionals as investigations by regulating agencies move into the criminal sphere. He also has experience of defending private prosecutions.  Ben is regarded as one of the foremost advocates in his field. He is ranked by Chambers & Partners as a leading New Silk in Crime, having been ranked in Band 1 as a junior.

    Experience 

    Ben FitzGerald prosecutes and defends high-profile cases of serious and organised crime. He prosecutes cases of homicide at the Central Criminal Court and defends individuals faced with serious criminal allegations who require impeccable preparation and persuasive advocacy.

    Ben has prosecuted all forms of serious crime and homicide and its various defences. In 2022, he secured the conviction of Fartun Jamal for causing the death of her infant daughter by neglect, having presented complex medical evidence to demonstrate cause of death and the certainty of survival had care been provided. In 2018, Ben successfully prosecuted French couple Ouissem Medouni and Sabrina Kouider for the murder of their nanny Sophie Lionnet, whose body they burned in the back garden of their home in Wimbledon. It was a trial involving intense international media interest. His vast experience also includes the high profile, sensitive and forensically challenging case of R v Ben Butler and Jennie Gray in 2016. Ben successfully prosecuted offences of murder and child cruelty concerning six-year old Ellie Butler, following the return of the child to the care of her parents by the Family Division of the High Court, in a trial under intense press and public scrutiny. Later that year, he secured the conviction of Foyzur Rahman for the historic murder of a rival in an organised hit in a residential street in Islington some 20 years earlier. 

    In Silk, Ben is instructed to prosecute Joshua Munoz, who is charged with the murder of a young man in a stabbing in a public park in June 2023.

    Ben also regularly defends private individuals, often professional or high net worth individuals, who find themselves accused of crime. He provides calm and assured advice in an alien and stressful situation, as well as astute tactical decision-making and persuasive advocacy. Clients who have been successfully defended include a London-based fund manager and the ex-wife of an international oil trader. Similarly, Ben provides clear advice to figures in the public eye for reputation management purposes. In 2021, he successfully applied to quash a summons issued on the request of a wealthy Russian businessman against an individual who was pursuing civil proceedings for a share of the private prosecutor's wealth; the court agreed that the prosecutor had breached the duty of candour when making the application for the summons. In 2022, he secured the deletion of an INTERPOL Red Notice issued in respect of a dissident Russian banker accused of financial crimes in Russia and the Czech Republic. He has also recently acted for a Premiership footballer accused of serious sexual offending, advising upon representations to the police and reputation management.

    Ben has prosecuted and defended numerous health and safety cases including: the defence of a self-employed man of good character for health and safety offending following the death of a friend working at height; and the prosecution of a company director for gross negligence manslaughter as well as the company managing the industrial estate for health and safety offences following death of an employee through crushing (Snaresbrook Crown Court and Court of Appeal).

    Ben has vast experience of all forms of fraud and money laundering. He defended the chief operating officer of a London tech company from allegations of fraud. Representing an Ultra High Net Worth UK entrepreneur, he also secured the resolution of criminal money laundering allegations by means of a confidential civil settlement in 2022.

    Notable Cases

    R v Fartun Jamal (2022)
    Ben FitzGerald acted for the prosecution in the case of Fartun Jamal, who was charged with causing the death of her infant daughter by neglect and further offences of child cruelty concerning both her children. Ben secured, presented and cross-examined upon detailed scientific evidence concerning cause of death and the prospects of survival should medical aid have been provided, ultimately establishing that neglect resulted in the child’s death and leading to conviction.

    VO v AT (2021)
    Ben FitzGerald successfully applied to quash a summons for perverting the course of justice issued on the application of a wealthy Russian private prosecutor against his opponent in a civil claim concerning ownership of a $1.5bn business in the Russian Federation. The summons was quashed due to the failure of prosecutor's failure to comply with the duty of candour in the original application. 
     

    R v Medouni & Koudier (2018)
    Ben FitzGerald acted for the Crown in the successful prosecution of French couple Ouissem Medouni and Sabrina Kouider for the murder of their au pair Sophie Lionnet.

    R v Butler & Gray (2016)
    Edward Brown QC leading Ben Fitzgerald and Philip Stott acted for the prosecution in the trial of the murder of six-year-old Ellie Butler by her father Ben Butler.

    R v Babamiri and Hastingwood (2014-15)
    Prosecuted company director for gross negligence manslaughter and the company managing an industrial estate for health and safety offences following death of an employee through crushing (Snaresbrook Crown Court and Court of Appeal).

    R v Burton and Campbell (2014)
    Prosecuted a murder by stabbing. The murder was carried out by a group of youths in a market.

    R v Malinovskij (2014)
    Prosecuted the abduction and murder of a Lithuanian in a planned operation by his business rival.

    Reviews

    Chambers UK 2024: Crime – New Silk

    Legal 500 2024: Crime - New Silk

    Chambers UK 2023: Crime – Band 2

    Legal 500 2023: Crime - Tier 1

    'One of the most attractive and clever advocates around, who both prosecutes and defends expertly.' Chambers UK Crime (2023)

    'Incredibly approachable and one of the cleverest juniors at the Bar. A definite pick for silk in the not-too-distant future.' Chambers UK Crime (2022)

    'Ben is exceptionally smart and hard working. He quickly assimilates a vast amount of information and hits the ground running. He is tactically astute and a pleasure to work with.' Legal 500 Crime (2022)

    'A very bright and highly effective advocate whose written work is very good.' 'He has a forensic approach to cases' and is 'extremely quick in getting up to speed and providing insightful advice.' Chambers UK Crime (2021)

    'A tough and steely defender, fearless in the face of a difficult court. Incredibly clever and wonderful with clients. Calm under pressure and powerfully persuasive.' Legal 500 Crime (2021)

    ‘A very thorough and insightful junior, who is headed for great things.’ Chambers UK Crime (2020)

    ‘Incredibly clever, great with clients, completely dependable and an extremely good advocate.’ Legal 500 Crime (2020)

    ‘He has drafting skills ahead of his years and his legal analysis is superb.’ ‘Ben is an extremely intelligent lawyer who is very responsive.’ Chambers UK Crime (2019)

    ‘He is able to rapidly win the confidence of the court and his client.’ Legal 500 Crime (2018)

    ‘One of the most outstanding juniors at the Criminal Bar, with an exceptionally sharp legal mind and a really effective style of advocacy. He really stands head and shoulders above others of his call.’ Chambers UK (2018)

    ‘His presentation of arguments in court is measured and extremely effective.’ Chambers UK (2018)

    ‘He has an outstanding ability to explain complex issues in a readily understanding way. There is a real sophistication to his advocacy.’ ‘He handled a client who could have been tricky extremely well, and had a very nice courtroom manner.’ Chambers UK (2017)

    Recent Cases

    • Ben FitzGerald acted for the prosecution in the case of Fartun Jamal, who was charged with causing the death of her infant daughter by neglect and further offences of child cruelty concerning both her children.Ben secured, presented and cross-examined upo...

    • Ben FitzGerald successfully prosecuted the French couple Ouissem Medouni and Sabrina Kouider for the murder of their au pair Sophie Lionnet.

    • Edward Brown QC leading Ben Fitzgerald and Philip Stott acted  for the prosecution in the trial of the murder of six-year-old Ellie Butler by her father Ben Butler.

    • Ben FitzGerald acted as junior prosecution counsel, together with Mark Ellison QC, in this historic murder case.

    • Ben FitzGerald acted alone for the defendant in this Health and Safety Executive prosecution arising from a fatal accident.

    • Keith Green was charged with fraud by false representation and perverting the course of justice.

    • A tragic case in which a 17 year old Muslim girl was charged with the attempted murder of her newborn baby.

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