BEN LASK

BA(First Class), Sussex; Diploma in Sports Law (KCL)
CALL DATE: 2003

SUMMARY

Ben Lask practices in the fields of Public and Administrative Law, Competition Law, and European Community law. He has particular expertise in regulatory matters, including in the spheres of telecommunications and broadcasting, freedom of information and sport. He also has a broad public law practice, which includes social security and immigration work. Ben has experience in the Court of Appeal, the High Court and a range of specialist tribunals including the Competition Appeal Tribunal, the Information Tribunal and the Upper Tribunal.

Ben is a member of the Attorney General's C Panel, the Freedom of Information Panel and the British Association for Sport and Law. 

He was recently interviewed for BBC Five Live's Morning Report on whether the Freedom of Information Act 2000 should be extended in scope to cover sports governing bodies such as the Football Association.  To listen to the recording, please click here.

 

RECENT CASES

  • BSkyB and Ors v Ofcom
  • R (Shoesmith) v Ofsted and Ors [2010] EWHC 852 (Admin)
  • Telefonica O2 UK Ltd v Ofcom [2010] CAT 25
  • JML Direct Ltd v Freesat [2010] EWCA Civ 34
  • Ofcom and Ors v Floe Telecom Ltd [2009] EWCA Civ 47
  • T-Mobile (UK) Ltd and Ors v Ofcom [2008] EWCA Civ 1373
  • Case F-103/09 / T-433/10 P Allen and Ors v European Commission
  • Fisher v Information Commissioner and Department for Work and Pensions (EA/2010/0044)
  • R (Kiana) v Secretary of State for the Home Department [2010] EWHC 1002 (Admin)
  • Dobson and Ors v Thames Water and Ofwat (HT 06 04)
  • Ofcom v Telephonics (HC10C00409)
  • Export Credits Guarantee Department v Information Commissioner and CAAT (EA/2009/0021)
  • T v Secretary of State for Work and Pensions (CP/1161/2007)
  • R (Hafner and anor) v City of Westminster Magistrates' Court [2008] EWHC 524
  • R (Charlebois) v Social Security Commissioners [2008] EWHC 2647 (Admin)
  • Home Office v Information Commissioner (EA/2008/0027)
  • Football Association v Luton Town Football Club and Ors
  • H3G v Ofcom [2008] CAT 11; T-Mobile (UK) Ltd and Ors v Ofcom [2008] CAT 12
  • Sanders and Ors v European Commission [2007] ECR II-2665
  • Adlam v Information Commissioner (EA/2006/0079)

 

COMPETITION LAW AND TELECOMMUNICATIONS/BROADCASTING

Ben has extensive experience in competition and telecommunications / broadcasting matters. He regularly advises both private and public bodies, and has appeared in a number of major appeals in the Competition Appeal Tribunal and the Court of Appeal.

Ben's recent cases include:

  • BSkyB and Ors v Ofcom (1158/8/3/10): appeal in the Competition Appeal Tribunal against decision by regulator to impose wholesale must offer obligation on TV broadcaster.  Instructed by Defendant. 
  • Telefonica O2 UK Ltd v Ofcom [2010] CAT 25: appeal in the Competition Appeal Tribunal in respect of failure by regulator to amend wireless telegraphy licence.  Instructed by Defendant. 
  • Ofcom v Telephonics (HC10C00409): claim for damages and injunction in the Chancery Division.  Instructed by Claimant. 
  • VIP Communications Ltd v Ofcom and Ors (HC09C): claim against UK for Francovich damages.  Instructed by Defendant. 
  • T-Mobile (UK) Ltd v Ofcom (1093/3/07): appeal against determination of dispute by regulator.  Instructed by Defendant. 
  • Vodafone and Ors v Ofcom [2010] EWCA Civ 391: appeal concerning Competition Appeal Tribunal's powers on disposal of appeals.  Instructed by Respondent. 
  • Ofcom and Ors v Floe Telecom Ltd [2009] EWCA Civ 47: concerned the interpretation of licences issued under the Wireless Telegraphy Act 1949, and the scope of the EC law Marleasing principle of harmonious construction.
  • H3G v Ofcom [2008] CAT 11; T-Mobile (UK) Ltd and Ors v Ofcom [2008] CAT 12 (the Calls to Mobile and Termination Rate Disputes litigation): appeals against decisions of Ofcom under the Communications Act 2003 imposing price controls on, and resolving disputes between, Mobile Network Operators.
  • JML Direct Ltd v Freesat [2010] EWCA Civ 34: acted for the Defendant (a company owned jointly by the BBC and ITV) in claim for breach of contract and statutory duty under the Competition Act 1998. Claim arose from the allocation of Electronic Programme (EPG) Numbers by a new digital satellite television platform.
  • Currently advising the OFT on two major price-fixing investigations under the Competition Act 1998.
  • JJB Sports and Ors v OFT [2004] All ER (D) 23; Argos and Anr v OFT [2004] All ER (D) 214 (the Replica Kit and Hasbro Toys price-fixing appeals) (during pupillage).
  • Acted for the Claimants in two substantial damages claims arising from alleged pharmaceuticals price fixing under the Chapter I prohibition.
  • Dobson and Ors v Thames Water and Ofwat (HT 06 04): claims in nuisance against sewage undertaking in the Technology and Construction Court.  Instructed by Intervener.

 

CONSUMER LAW

Ben has advised the OFT, Ofcom and private clients on a range of consumer protection matters arising under the following provisions: 

  • Consumer Credit Act 1974
  • Lotteries and Amusements Act 1976
  • Control of Misleading Advertisements Regulations 1988.
  • Unfair Terms in Consumer Contracts Regulations 1999
  • Distance Selling Regulations 2000
  • Enterprise Act 2002

 

EUROPEAN COMMUNITY LAW

Ben acts for both Government and private clients on a range of EC law matters in the UK and European courts.

Ben's recent cases include:

  • Case F-103/09 / T-433/10 P Allen and Ors v European Commission: discrimination claim against the European Commission in the Civil Service Tribunal and on appeal to the General Court.  Instructed by the Applicants.
  • Sanders and Ors v European Commission [2007] ECR II-2665: acted for the successful applicants in a claim for damages before the European Court of First Instance. The Court awarded over £30m in damages as a result of the European Commission's failure to award employee status to a number of contractors working at the EU's JET nuclear fusion project.  
  • Currently acted for Ofcom in the 2.6 GHz Spectrum judicial review, concerning Ofcom's proposal to auction a valuable portion of radio spectrum. As part of this, appeared in T-Mobile (UK) Ltd and Ors v Ofcom [2008] EWCA Civ 1373 concerning the scope of the right of appeal under the Communications Act 2003, and the compatibility of judicial review with Article 4 of the EC Framework Directive (Directive 2002/21/EC).
  • T v Secretary of State for Work and Pensions (CP/1161/2007): concerned the entitlement of transsexuals to state retirement pension, and the compatibility of the UK scheme with the principle of equal treatment in the EC Social Security Directive (Directive 79/7/EEC).
  • Ofcom and Ors v Floe Telecom Ltd [2009] EWCA Civ 47: concerned the interpretation of licences issued under the Wireless Telegraphy Act 1949, and the scope of the EC law Marleasing principle of harmonious construction.
  • M v Secretary of State for Work and Pensions (CJSA 3707/2007): concerned the compatibility of the UK scheme for Job Seekers Allowance with the principle of equal treatment in the EC Social Security Directive (Directive 79/7/EEC).

 

PUBLIC & ADMINISTRATIVE LAW

Ben is a member of the Attorney General's C Panel and has a broad Public and Administrative Law practice. He appears regularly in judicial review proceedings in the Administrative Court, and in specialist tribunals such as the Upper Tribunal (formerly the Social Security Commissioners), the Employment Tribunal and the Information Tribunal, where he has acted both for and against the Government.

Ben's recent cases include: 

  • R (Shoesmith) v Ofsted and Ors [2010] EWHC 852 (Admin): claim for judicial review concerning procedural fairness of review of local authority's children's services and subsequent removal of DCS from post.  Instructed by First Defendant. 
  • Acted for Ofcom in the 2.6 GHz Spectrum judicial review, concerning Ofcom's proposal to auction a valuable portion of radio spectrum. As part of this, appeared in T-Mobile (UK) Ltd and Ors v Ofcom [2008] EWCA Civ 1373 concerning the scope of the right of appeal under the Communications Act 2003, and the compatibility of judicial review with Article 4 of the EC Framework Directive (Directive 2002/21/EC).
  • Home Office v Information Commissioner (EA/2010/0043): appeal before Information Tribunal against decision of Commissioner.  Instructed by Defendant. 
  • Fisher v Information Commissioner and Department for Work and Pensions (EA/2010/0044): appeal before Information Tribunal against decision of Commissioner.  Instructed by Interested Party. 
  • Baioco v Secretary State for Home Department (HQ10X02339): claim for damages for unlawful detention.  Instructed by Defendant. 
  • Public and Commercial Services Union v Information Commissioner and Ministry of Justice (EA/2009/0123): appeal before Information Tribunal against decision of Commissioner.  Instructed by Interested Party. 
  • R (Carrion) v Secretary of State for the Home Department (CO/10720/2009): application for permission to seek judicial review concerning immigration decision.  Instructed by Defendant. 
  • Defra v Information Commissioner and Campaign for Clean Air in London (EA/2009/0106): appeal before Information Tribunal against decision of Commissioner.  Instructed by Defendant. 
  • R (Kiana) v Secretary of State for the Home Department [2010] EWHC 1002 (Admin): claim for judicial review concerning welfare support and Article 8 ECHR.  Instructed by Defendant. 
  • Dunn v Information Commissioner and Department for Communities and Local Government (EA/2010/0033): appeal before Information Tribunal against decision of Commissioner.  Instructed by Interested Party.
  • R (Akbulut) v Secretary of State for the Home Department (CO/905/2010): application for permission to seek judicial review concerning refusal of application to remain in UK as businessman.  Instructed by Defendant. 
  • R (Keogh) v Social Security Commissioner and Secretary of State for Work and Pensions (CO/9459/2008): application for permission to seek judicial review against decisions relating to the non-entitlement of reduced earnings entitlement.  Instructed by Interested Party. 
  • R (Salih and Parsipoor) v Secretary of State for the Home Department (CO/3418/2010): application for permission to seek judicial review concerning welfare support and Article 8 ECHR.  Instructed by Defendant. 
  • R (Guan and Aziz) v Secretary of State for the Home Department (CO/6282/2009): application for permission to seek judicial review concerning welfare support and Article 8 ECHR.  Instructed by Defendant. 
  • Export Credits Guarantee Department v Information Commissioner and CAAT (EA/2009/0021): appeal before Information Tribunal against decision of Commissioner.  Instructed by Defendant. 
  • T v Secretary of State for Work and Pensions (CP/1161/2007): concerned the entitlement of transsexuals to state retirement pension, and the compatibility of the UK scheme with the principle of equal treatment in the EC Social Security Directive (Directive 79/7/EEC).
  • R (Hafner and anor) v City of Westminster Magistrates' Court [2008] EWHC 524: related proceedings before the City of Westminster Magistrates' Court concerning requests for mutual assistance under the Crime (International Co-Operation) Act 2003 and Article 8 ECHR.
  • R (Charlebois) v Social Security Commissioners [2008] EWHC 2647 (Admin): judicial review of Commissioners' decision refusing leave to appeal. Concerned whether overpayments of social security benefits gave rise to bankruptcy debts.
  • Home Office v Information Commissioner (EA/2008/0027): appeal before the Information Tribunal concerning whether information on an electronic database is "held" for the purposes of the Freedom of Information Act 2000.
  • M v Secretary of State for Work and Pensions (CJSA 3707/2007): concerned the compatibility of the UK scheme for Job Seekers Allowance with the principle of equal treatment in the EC Social Security Directive (Directive 79/7/EEC).
  • Adlam v Information Commissioner (EA/2006/0079): appeal before the Information Tribunal concerning the duty under the Freedom of Information Act 2000 to conduct a reasonable search for information, and the scope of the exemption for legally privileged information.
  • Regular appearances in the Administrative Court in Immigration and Asylum matters.

 

SPORTS LAW

Ben has acted both for and against a number of sporting bodies, including the Football Association (FA), the Rugby Football Union (RFU) and the World Professional Billiards and Snooker Association (WBPSA).

Ben's recent cases include:

  • Football Association v Luton Town Football Club and Ors: represented an employee of Luton Town FC in three related disciplinary cases before the Football Association's Disciplinary Commission. Proceedings concerned contraventions of the FA rules relating to irregular payments.
  • World Professional Billiards and Snooker Association v Everton: civil proceedings arising from a disciplinary case against former member and BBC commentator Clive Everton.

 

ADDITIONAL INFORMATION

Ben read law with history at Sussex University where he obtained a first class honours degree. After graduating Ben worked in the Lord Chancellor's Department (now the Ministry of Justice) between 1998 and 2003, spending the last three years as Private Secretary to the Lord Chancellor, Lord Irvine of Lairg.

Ben holds a Post Graduate Diploma in Sports Law from King's College London, for which he obtained a distinction in 2000. In 2003, he was awarded the Everard Ver Heyden Foundation Prize by the Inns of Court School of Law and the Middle Temple Sachs Prize for his performance in his bar exams.

Ben was taken on as a junior tenant at Monckton Chambers in October 2004 following a year's pupillage in Chambers.

 

PUBLICATIONS 

  • Contributor to Atkin's Court Forms: Competition (2nd ed., 2009)
  • Contributor to the Solicitors Journal Human Rights Update
  • Headnotes, Human Rights Law Reports (2003-2004)
  • "Birmingham City Football Club v Revenue and Customs", De Voil Tax Intelligence, June 2007
  • "OFT v IBA: A New Regime Emerges?" Legal Week, 1 April 2004
  • "Modernisation of EC Competition Law: Uncertainties and Opportunities [2003] Comp Law 295
  • "The Potential Impact of the Human Rights Act 1998 on the Law Relating to Sport" [2000] I.S.L.R. 48