Ben Morris

Insurance 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 client’s are placed in the best position to defend these difficult claims.

His expertise particularly encompasses the spheres of Employer’s Liability and Public Liability fraud.

He works with many of the major defence solicitors’ firms and has become well known for adopting a determined approach to claims where fraud is either alleged or suspected. Ben is often involved at the early stages of these cases to proof witnesses, draft robust defences and advise on the extent of an insurer’s exposure and prospects of successfully defending. He adopts a symbiotic relationship with his solicitors to ensure that ideas 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. He welcomes his instructing solicitors speaking to him 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’.

He appreciates the technical aspects of these 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 understands the importance of instructing counsel who understands this area of law inside out.

Ben Morris has developed a strong reputation for Defendant work in personal injury litigation, particularly in all aspects of insurance fraud including:

– Phantom passenger claims;

– LVI/LSI claims;

– Staged accidents;

– Exaggerated claims;

– Semi-staged accidents;

– Fraud Rings.

Ben is well versed in the tactics of running an Insurer’s case, from pre-action evidence gathering, to the drafting of a thorough Defence and advocacy at each and every stage of the litigation process.

Dickson v NFU Mutual v Barber & Co Solicitors, Carlisle County Court

This case has received significant attention within legal publications.  Ben was instructed by Messrs. Browne Jacobson Solicitors acting on behalf of NFU Mutual.  Following a multi day hearing before HHJ Peter Hughes KC Messrs. 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.”

Ahmed & Ali v Tesco Underwriting & Lilekis & Mirga 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 all failed.

“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. (Led by Brian McCluggage)

Williams v Jamnadas 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 to resist the Claimant’s appeal of that decision. The Claimant’s appeal was dismissed.

Yousaf & Others v Mason 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.

Direct Line & Others v Suleman & others [2010]. The Times. 1 February 2010.

A landmark case in which a consortium of seven UK motor insurers were awarded £300,000 in damages and £92,000 in exemplary damages from 57 members of a ‘Crash for Cash’ ring. The liability trial was heard by Wynn-Williams J. and the quantum hearing was heard by HHJ Holman sitting as a High Court Judge. (Led by Brian McCluggage of 9 St John Street Chambers)

Personal Injury

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 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.

Ben’s main practice areas are:

a. Large loss personal injury claims, particularly involving amputation and spinal injury.

b. Psychiatric Injury claims including PTSD and Somatoform conditions.

c. Insurance fraud including, Employer’s Liability, Public Liability and Road Traffic, with an emphasis on acting for Defendants in this type of work.

d. Claims involving chronic pain including Fibromyalgia, CRPS and CFS.

e. Travel fraud.

f. Claims involving injured military personnel, with a particular understanding of criminal injury claims and the Armed Forces Compensation Scheme.

He is mindful of the sensitive and emotive nature of proceedings and the compassionate and often collaborative approach that is required.

Large loss claims

Ben is currently involved in a number of high value and complex cases involving psychiatric injury. Two of note include a claim for damages by a young lady for 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.  The second case of note involves a claim for psychological injury following a Claimant having witnessed the death of her young son following a road traffic incident.  In both of these matters Ben is instructed by the Defendant.

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

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 client’s are placed in the best position to defend these difficult claims. His expertise particularly encompasses the spheres of Employer’s Liability and Public Liability fraud.

He works with many of the major defence solicitors’ firms and has become well known for adopting a determined approach to claims where fraud is either alleged or suspected. Ben is often involved at the early stages of these cases to proof witnesses, draft robust defences and advise on the extent of an insurer’s exposure and prospects of successfully defending. He adopts a symbiotic relationship with his solicitors to ensure that ideas 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. He welcomes his instructing solicitors speaking to him 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’.

He appreciates the technical aspects of these 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 understands the importance of instructing counsel who understands this area of law inside out.

Travel and International Personal Injury

Ben has considerable experience in pleading, advising and fighting cases involving medical causation and claims involving allegations of fundamental dishonesty.

He works for many of the larger holiday companies and has acted in claims across the country which have been successfully defended resulting in adverse findings of dishonesty and enforceable costs orders.

He is keenly aware of the importance and impact that fraudulent gastroenteritis claims in particular are having on the industry.

Ben has advised and represented the Defendant in actions involving the tort of deceit, exemplary damages and contempt of court.

Court of Protection

Ben has practised as a barrister for the best part of two decades. He is an experienced advocate and has a busy and developing Court of Protection practice, predominantly acting for Local Authorities, NHS Trusts, and Integrated Care Boards.

Ben acts in a broad range of health and welfare cases including s.16 applications and s.21A deprivation of liberty challenges. He has appeared in disputes relating to residence, care, contact and medical treatment. Ben is used to addressing cases that raise complex mental capacity issues, including the capacity to consent to sexual relations and contact with others.

Ben provides clear and practical advice, often on an urgent basis. Ben considers himself to be approachable and knowledgeable and enjoys working as part of a team to identify the key issues of a case and how to address them most appropriately and compassionately before the court.

Ben has recently acted in and advised on cases involving issues including:

• Welfare issues under s.21A and s.16 MCA
• The interplay between the MCA and MHA
• Ordinary residence and associated funding disputes
• Contested capacity issues
• Financial abuse and applications to revoke Lasting Powers of Attorney

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.

Associations

Personal Injury Bar Association

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.