Ben Mitchell

Professional Summary

Called 2017

Contact Details

E T +44 (0)20 7632 8500 Clerk Michael Smith Clerk Hannah Rayner E

Ben recently joined Chambers following pupillage and has a practice across all areas of Chambers’ work, focusing particularly on public, education, employment, information and commercial law.

Before coming to the Bar, Ben taught law at Trinity College Dublin, Queen Mary University of London and Dublin Institute of Technology. He completed a PhD in education and human rights law in 2016 at Trinity College Dublin. Ben’s research addressed the use of strategic litigation to tackle inequality in schools, an issue about which he remains passionate.

Specialisms

Public Law and Human Rights

Ben is building a practice across the spectrum of public law and human rights, especially in cases raising equality, education and environmental issues. Since joining Chambers, Ben has advised in a number of public law matters involving discrimination contrary to Art.14 of the ECHR and the environmental principles in the EU Treaties.

During pupillage Ben assisted in cases before the domestic courts and tribunals and the European Court of Human Rights.
Ben has particular interest in strategic litigation and public interest law in the fields of equality, education and environmental protection. This builds upon his research before coming to the Bar, which addressed the use of law and litigation by NGOs and community groups.

Education Law

Ben is building a practice across all of Chamber’s education law work and regularly accepts instructions from parents, universities, schools and local authorities. Ben has experience appearing in Special Education Needs (SEN) cases before the First-tier Tribunal and exclusion cases before Independent Review Panels. Ben is also a barrister mentor with the School Exclusion Project.

During pupillage, Ben assisted Julian Milford when he successfully defended Oxford University in the High Court case, Siddiqui v University of Oxford [2018] EWHC 184. This was the first domestic case alleging negligent teaching at a university to be considered at full trial.

Building on his time working in academia, Ben has provided training in the law relating to SEN to clients.

Employment Law

Ben represents employees and employers in all areas of employment law. Ben has particular expertise in cases of discrimination, harassment, victimisation and other causes of action under the Equality Act 2010.

Ben also has experience of complex issues in employment law, including questions of:

  • Holiday pay and annual leave, having assisted several members of chambers during pupillage, including in King v Sash Window Workshop (assisting Marcus Pilgerstorfer);
  • The Employment Tribunal’s territorial jurisdiction;
  • Whistleblowing, including in Beatt v Croydon Health Services NHS Trust (assisting Harini Iyengar);
  • Transfer of undertakings (TUPE), including in Henry v Sevacare (assisting Julian Milford);
  • Constructive, unfair, wrongful and discriminatory dismissal;
  • Breach of contract, including the term of mutual trust and confidence.

Ben regularly volunteers with the Free Representation Unit, representing employees in the Employment Tribunal on a pro bono basis.

Data Protection and Information Law

Ben has experience of advocacy and advisory work under the Data Protection Act, GDPR and the Freedom of Information Act.

Ben is instructed regularly by the Information Commissioner’s Officer in the First-tier Tribunal (Information Rights), including in matters relating to:

  • Monetary Penalty Notices, Enforcement Notice, Information Notices and Decision Notices under Data Protection Acts, the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR);
  • Subject Access Requests under the Data Protection Acts;
  • The Freedom of Information Act (FOIA) and Environmental Information Regulations.

Commercial Law

Ben accepts instructions in all areas of commercial law. As a pupil, Ben advised on commercial matters, including breach of contract, product liability, restraint of trade and business protection. Ben also advised on several matters on public procurement.

Education

PhD in Law, Trinity College Dublin – Social Class, Poverty and the Education System: Tackling Inequality Through Constitutional Public Interest Law

BCL, University of Oxford, Balliol College – Distinction

LB, Trinity College Dublin – First Class

Awards

Lord Mansfield Scholarship (Lincoln’s Inn)

Lord Bowen Scholarship (Lincoln’s Inn)

Hardwicke Entrance Exhibition (Lincoln’s Inn)

Ussher PhD Fellowship (Trinity College Dublin)

Foley-Bejar Scholarship (Balliol College, Oxford)

Julian Prize for Second Place overall in LLB class (Trinity College Dublin)

Scholar of Trinity College Dublin

Entrance Exhibition (Trinity College Dublin)

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Regulatory Information

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Professional title: Barrister

Full name (as registered with Bar Standards Board of England and Wales): Ben Mitchell

VAT Number:

Legal Status: Sole Practitioner

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