Ben Hooper

Biography

Ben principally practises in public and human rights law, regulatory law and information law.

Ben has a broad public law, human rights and regulatory law practice. He represents and advises central and local government, regulators and private individuals. His recent work includes a European Court of Human Rights case on telephone interception (Kennedy v. UK), the leading case on the right to free elections - R (Barclay) v. Lord Chancellor in the Supreme Court, and a regulatory challenge brought by easyJet to the CAA’s decision on price caps at Gatwick airport (in the High Court and Court of Appeal). He appeared in the Supreme Court in July in a key case on Articles 6 and 8 in possession proceedings (Pinnock v. Manchester City Council, judgment awaited) and is due to appear in the Supreme Court again in November (Hall v. Leeds City Council).

Ben has an extensive information law practice covering FOIA, data protection, Article 8 privacy rights and RIPA. Ben frequently appears in the Information Tribunal, and has acted in various FOIA appeals in the higher courts (including Sugar, the first High Court FOIA appeal). Ben advises and litigates in the data protection field, and has particular experience of data loss cases. He also has considerable litigation experience of RIPA, including in the House of Lords and the Investigatory Powers Tribunal, where he has appeared more frequently than any other counsel.

Ben has been a member of the B Panel of Treasury Counsel since 2007. He is recommended as a leading junior in administrative and public law (Chambers & Partners and the Legal 500) and as a leading junior in civil liberties and human rights (the Legal 500). Quotes from the directories include:

“razor-sharp intellect and tremendous ability to master detail”

“definitely one to look out for; a star for the future”

“scoops praise for his detailed written work and measured advocacy”

Recent Cases

Kennedy v UK

European Court of Human Rights, 18 May 2010
The leading case on the application of Art. 8 to RIPA interception, and on the requirements of Art. 6 in proceedings before the IPT.

Salford City Council v Mullen

[2010] NPC 43, CA
Possession proceedings and public law defences.

Gerry Morrissey v. The Information Commissioner and Ofcom

Information Tribunal, 11 January 2010
Whether the Information Tribunal has jurisdiction to consider public law challenges in cases where reliance is placed on the exemption in s. 44 of FOIA (also instructed in the forthcoming appeal to the Upper Tribunal)

BBC v. The Information Commissioner

(2010) EMLR 6, HC
Disclosure of the BBC’s financial information under FOIA

BBC v. Sugar and The Information Commissioner

[2010] 1 All ER 782, HC
The second phase of the Sugar FOIA litigation

R (Barclay) v. Lord Chancellor

[2009] 3 WLR 1270, SC
An ECHR challenge brought by the Barclay brothers against constitutional reform in the Channel Islands

R (easyJet) v. Civil Aviation Authority

[2009] EWCA Civ 1361
Junior counsel for easyJet in its challenge to the price cap set by the CAA for Gatwick airport

McE v. Prison Service of Northern Ireland

[2009] 1 AC 908
Covert surveillance of legal consultations in police stations and prisons

R (Bradley) v. Secretary of State for Work and Pensions

[2009] QB 114, CA
Intervening on behalf of the Speaker of the House of Commons on issues under the Bill of Rights 1689 and Parliamentary free speech

Liberty v. The United Kingdom

[2009] 48 EHRR1
Article 8 challenge to the UK’s interception regime

BBC v Sugar and The Information Commissioner

[2008] 1 WLR 2289, CA
Counsel for the Information Commissioner in the first appeal to reach the Court of Appeal under FOIA.

Scotland Office v. The Information Commissioner

Information Tribunal, 8 August 2008
The first Information Tribunal appeal on the Ministerial correspondence exemption in s. 35(1)(b) of FOIA

R (Al Rawi) v. Secretary of State for the Foreign and Commonwealth Office

[2008] QB 289, CA
Challenge brought by three Guantanamo Bay detainees to the Foreign Secretary’s decision not to make a formal request for their release and return

R (Federation of Tour Operators) v. HM Treasury

[2007] UKHRR 1210, HC
Intervening on behalf of the Speaker of the House of Commons on issues under the Bill of Rights 1689 in a challenge to the doubling of air passenger duty

R (Munjaz) v. Mersey Care NHS Trust

[2006] 2 AC 148, HL
A mental health case concerning the Articles 3 and 8 and the use of seclusion (currently acting for the UK Government in the proceedings in the European Court of Human Rights)

Areas of Practice

• Asylum and Immigration
• Commercial
• Data Protection and Freedom of Information
• Disciplinary Tribunals
• Discrimination
• Employment
• European
• Human Rights
• Information Law
• Local Government
• Public and Administrative
• Regulatory