9 Gough Square - Barristers - Benedict Rodgers

Personal injury

Benedict represents claimants in fast-track and multi-track trials, assessment of damages hearings and the full range of interim hearings, in many areas of personal injury such as employer's liability, road traffic accidents and public liability. Much of this work is done on a conditional fee basis. To a lesser extent Benedict also represents defendants.

He has represented claimants before the First Tier Tribunal in criminal injuries compensation appeals. He also represents families and witnesses at inquests arising out of medical, road traffic and workplace accidents.

In addition to a busy court practice, Benedict advises claimants in relation to their claims for damages for personal injury, giving practical advice as to prospects of success, likely quantum of recovery, and tactics and procedure. He is developing a particular interest in fatal accident claims and the law of motor insurance, including claims involving untraced drivers. He contributed to the 9 Gough Square book, Clinical Negligence Claims: a Practical Guide.

Other civil work

Benedict has significant experience of trials and advising in non-PI road traffic litigation, acting for claimants and defendants in relation to credit hire claims, including fast track trials where both liability and quantum are in issue.

He regularly appears in the county courts in applications for possession of land, predominantly on behalf of landlords but also on behalf of mortgagors. He also has experience of advising in relation to service charges, and has appeared in the Leasehold Valuation Tribunal. He has advised and represented landlords in claims by their tenants for damages for unlawful eviction.

Benedict also has experience of advising and representing parties to contractual and other civil disputes, such as: boundary disputes; estate agents' renewal fees; employment agencies' fees; insolvency applications in the county courts and the Bankruptcy Court; and disclosure in claims under the Commercial Agents (Council Directive) Regulations 1993. He appeared for the successful defendant in a 3-day High Court trial between a builder and his client as to the quality of work and payment of fees.

Other advocacy experience

Members of 9 Gough Square excel in an extraordinarily wide range of legal areas, and as a result Benedict appeared during his first 3 years of tenancy in numerous unusual forums. He was until recently a CPS Grade 2 prosecutor, through which he gained indispensable experience of advocacy before the jury, including at the Old Bailey. He has even represented servicemen before the Court Martial, both in this country and overseas.

Benedict has experience of a broad variety of regulatory and quasi-criminal work such as prosecutions under s.33 Environment Act 1990 and the Disability Discrimination Act 1995, infringements of taxi licensing rules, appeals against taxi licensing decisions and police applications for preventative orders. He has experience of appearing before the Crown Court in its various appellate jurisdictions.

He has extensive experience of seeking care orders on behalf of local authorities, in the Family Proceedings Courts (the family constitution of the magistrates’ courts), the county courts, and the Principal Registry of the Family Division of the High Court in London. He has represented the directors of children’s services of several London local authorities following their being summonsed as witnesses before the Crown Court. He has acted for parents in custody and access battles over their children. He has also represented husbands and wives in their divorces.

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