• An outstanding junior sought out for his devastatingly effective advocacy, effortless grasp of complex cases and meticulous attention to detail; top ranked in Crime by Chambers & Partners, Ben FitzGerald impresses sources across all disciplines.

    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. 

    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 a Grade 4 prosecutor for the CPS and is ranked in Band 1 in Crime by Chambers UK. He is regularly instructed both alone and as a led junior in the most serious criminal cases.

    Regulatory 

    Ben has an abundance of experience in professional regulation across various industries and tribunals.  He has experience of representing the regulators and the professional individual and has built a practice focused on the complex.  His reputation has developed and instructions have included his role as first junior to the Mid Staffordshire Public Inquiry.  His reputation for serious and complex crime and professional regulation enables him to move between disciplines and he regularly works on cases that cross the fields; he is well placed to represent professionals as their case develops in more than one arena.

    Reviews 

    Chambers UK 2018: Crime - Band 1; Financial Crime - Band 2; Professional Discipline - Band 5

    Legal 500 2017: Business and Regulatory Crime (Including Global investigations) - Tier 2; Crime - Tier 2; Fraud Crime - Tier 2.

    '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)

    'User-friendly. He makes his points heard effectively and concisely.' 'Very bright and hard-working. He has excellent attention to detail.' Chambers UK Professional Discipline (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)

    'Very bright, hardworking with excellent attention to detail.' Legal 500 Professional Discipline and Regulatory Law (2017)

    'A brilliant advocate well above his years of call.' Legal 500 Fraud (2015)

    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
    • Member of the Public Access Bar Association – PABA

    ​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

    News

    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 Inquiry comments on the roles of the HSE and CQC post Stafford. 

      View Article

    • The Mid Staffordshire Inquiry - An Introduction to its lessons.

      Ben FitzGerald has completed an article on the Mid Staffordshire NHS Foundation Trust Public Inquiry.

      View Article

    • Deaths in police custody

      Deaths in police custody The role of the custody officer - past, present and future

      View Article

  • Corporate and Financial Crime

    A go-to junior in corporate and financial crime, Ben FitzGerald is technically and tactically astute, mastering the complex detail and translating it effortlessly for both client and court room; he is a star of the junior bar.

    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; 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. 

    Experience 

    Ben 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 legal professional privilege. 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 regularly engaged from the earliest stage of an investigation, throughout, until conclusion.

    Ben currently represents a major UK bank in relation to alleged Libor manipulation and fraud and an individual banker in connection with the SFO's EURIBOR investigation. He has successfully defended the UK's largest retailer against private criminal prosecution. He recently secured the acquittal of a chartered accountant on charges of fraud. He recently represented a company director charged in connection with an alleged £109 million tax fraud in Operation Amazon, reportedly HM Revenue & Customs' biggest ever prosecution. 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 (R v Bakewell). He secured convictions against corporates and individuals arising from a workplace death on an industrial estate (R v Babamiri and others). 

    Ben brings tactical insight, intellectual ability and expert advocacy to bear in cases frequently involving complex and voluminous evidence and legal issues. 

    Notable Cases

    SFO v Barclays PLC & Or's (2018) 
    Ben FitzGerald acts 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.

    R v Panitzke (2013-16)
    Representing a company director (Kingston Crown Court).

    R v Babamiri & Or's (2014)
    Ben Fitzgerald acted as junior counsel in the successful prosecution of a companie 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 2018: Financial Crime - Band 2

    Legal 500 2017: Business and Regulatory Crime (Including Global investigations) - Tier 2; Fraud Crime - Tier 2.

    '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)

    '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)

    'A brilliant advocate well above his years of call.' Legal 500 Fraud (2015)

    Recent Cases

    News

    • 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 ...

  • One of the most outstanding juniors of the criminal bar, Ben FitzGerald impresses with his sharp intellect and compelling advocacy, he is often the junior of choice.

    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 a Grade 4 prosecutor for the CPS and is ranked in Band 1 in Crime by Chambers UK. He is regularly instructed both alone and as a led junior in the most serious criminal cases.

    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 defended all forms of serious crime and homicide and its various defences.  His vast experience includes the high profile, sensitive and forensically challenging case of R v Ben Butler and Jennie Gray (Central Criminal Court, 2016).  Ben successfully prosecuted the child cruelty and murder of Ellie Butler following the return of the child to the care of her parents by the Family Division, in a trial under intense press and public scrutiny.

    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.

    Notable Cases

    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.

    R v Forgie (2013)
    Ben FitzGerald successfully prosecuted (As junior alone) Simon Forgie for the murder of his mother. He was convicted of manslaughter on the grounds of diminished responsibility. 

    Reviews

    Chambers UK 2018: Crime - Band 1;

    Legal 500 2017: Crime - Tier 2; Fraud: Crime - Tier 2.

    '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)

    'Quite brilliant – he makes oral argument in cases even when several silks are defending.' Legal 500 Fraud: 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)

    'Brilliant.' Legal 500 (2017)

    'An outstanding senior junior who is completely dependable even with the most difficult brief or client.' Chambers UK (2016)

    'An understated junior with an excellent manner in court.' Legal 500 (2016)

    'Hardworking and unflappable at all times.' Legal 500 (2015)

     

    Recent Cases

    News

  • One of the foremost counsel in professional discipline, Ben FitzGerald inspires confidence in every client, whether regulator or professional; his meticulous approach to his work, mastery of the complex and outstanding advocacy have made him a firm professional discipline favourite.

    Overview 

    Ben has an abundance of experience in professional regulation across various industries and tribunals.  He has experience of representing the regulators and the professional individual and has built a practice focused on the complex.  His reputation has developed and instructions have included his role as first junior to the Mid Staffordshire Public Inquiry.  His reputation for serious and complex crime and professional regulation enables him to move between disciplines and he regularly works on cases that cross the fields; he is well placed to represent professionals as their case develops in more than one arena.

    Experience 

    Ben FitzGerald is highly rated in professional disciplinary proceedings, with experience of tribunals including the Medical Practitioners Tribunal Service, the General Dental Council and the Nursing and Midwifery Council.   He is instructed, in particular, by the General Medical Council to advise on and prosecute the most serious and complex cases. He is regularly instructed by the Professional Standards Authority, the regulators regulator, in proceedings before the Administrative Court.

    Ben’s experience extends beyond the realms of medical regulation; he has experience of the education, financial and legal industries.  He is equally adept whether acting for the regulator or the individual. He advises City firms on standards of solicitors’ conduct in relation to potential SRA action.

    Ben has developed his regulatory experience into Public Inquiry work; he brought the expertise he had gleaned from years in professional discipline to his role as first junior counsel to the Mid Staffordshire Public Inquiry. 

    Ben continues to impress across the many disciplines, tribunals and fields his work with professionals and their regulation takes him.  His intelligent and meticulous approach is ideally suited to the practice area and he remains very much in demand.

    Notable Cases

    National College of Teaching and Leadership v Hussain and others (2017) (Trojan Horse Investigation, NCTL)
    Representing Birmingham City Council as an interested party in legal argument concerning disclosure of the identities of interviewees who provided information to the investigations into the ‘Trojan Horse’ allegations in Birmingham schools.

    General Medical Council v Dr Siddiqui (2015)
    Acted on behalf of the GMC in a case against a doctor alleged to have carried out multiple unhygienic and substandard circumcisions. Mr Siddiqui was erased by the MPTS.

    General Medical Council v Dr K (2014)
    Ben Fitzgerald represented the GMC in a FTP hearing into the conduct of Dr Julian Kenyon who charged severely ill cancer patients for an unconventional and largely unproven treatment known as Sono Photo Dynamic Therapy.

    Mid Staffordshire NHS Foundation Trust Public Inquiry (2010-2013)
    Ben Fitzgerald was one of the barristers instructed to act as counsel to the inquiry into the serious failings in care at the Mid Staffordshire NHS Foundation Trust.

    General Medical Council v Dr B (2013)
    Ben FitzGerald was instructed by the GMC in a case which involved a surgeon having an affair with a patient.

    General Medical Council v Dr Keilloh (2012-13)
    Representing the GMC in misconduct proceedings against the regimental medical officer in the Army unit responsible for the death of Baha Mousa in Iraq.

    Reviews

    Chambers UK 2018: Professional Discipline - Band 5

    'User-friendly. He makes his points heard effectively and concisely.' 'Very bright and hard-working. He has excellent attention to detail.' Chambers UK Professional Discipline (2019)

    'He has excellent attention to detail and is very bright and hard-working.' Chambers UK (2018)

    'He's very well-liked by clients and inspires confidence.' Chambers UK (2018)

    'Very bright, hardworking with excellent attention to detail.' Legal 500 (2017)

    'He approaches every case however big or difficult in a calm, logical and thoughtful way.' Legal 500 (2016)

    'Understands the facts of his brief in very quick time.' Legal 500 (2015)

    Recent Cases