BEN LASK

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

SUMMARY

Ben Lask is an experienced junior practising in the fields of Public and Administrative Law, Competition Law, and European Union law.  He is recommended in Chambers UK as a leading junior in the field of telecommunications.  Ben has appeared in a number of major cases in both the UK and EU courts.

Ben has particular expertise in regulatory matters, including in the spheres of telecommunications, broadcasting and sport.  He also has a broad public and EU law practice with experience and expertise in immigration, freedom of information, citizenship and free movement, education, employment, childcare and social security.  

Ben has experience as an advocate in the Court of Appeal, the High Court (Chancery Division and Queen's Bench Division) and a range of specialist tribunals including the Competition Appeal Tribunal, the Upper Tribunal, the First-Tier Tribunal and sports disciplinary panels.  He has also litigated before the EU General Court and Civil Service Tribunal.  Ben is a member of the Attorney General's B Panel, the Freedom of Information Panel, ALBA and the British Association for Sport and Law. 

Ben's recent and major cases include: 

  • Electrical Waste Recycling Group Ltd and Others v Philips Electronics and Others (High Court trial in January 2013)
  • BSkyB and Others v Ofcom (Competition Appeal Tribunal, judgment pending)
  • Case T-433/10 Allen and Others v European Commission
  • R (Shoesmith) v Ofsted and Others [2011] EWCA Civ 642, [2011] ICR 1195
  • R (Kiana) v Secretary of State for the Home Department [2011] EWCA Civ 671, [2012] 1 WLR 765
  • Dobson and Others v Thames Water Utilities Ltd [2011] EWHC 3253
  • JML Direct Ltd v Freesat [2010] EWCA Civ 34

 

COMPETITION LAW AND REGULATORY LAW

Ben has extensive experience in competition and regulatory matters, including in the spheres of telecommunications, broadcasting, pharmaceuticals, sports and environmental compliance.  He regularly advises and represents both private and public bodies, and has appeared in a number of major cases in the Competition Appeal Tribunal, High Court and the Court of Appeal.

Ben recently acted for Ofcom in the 'Pay TV' litigation - a nine week trial in the Competition Appeal Tribunal concerning BSkyB's willingness to share its Sky Sports channels with rival Pay TV operators.  He is currently acting for the Claimants in a major private competition law action against the four leading manufacturers of lamps in the UK.  The claim is set down for a nine week trial beginning in January 2013.

Ben's recent and major cases include:

  • Electrical Waste Recycling Group Ltd and Others v Philips Electronics and Others (High Court trial in January 2013)
  • 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.
  • Dobson and Others v Thames Water Utilities Ltd [2011] EWHC 3253: claims in nuisance against sewage undertaking in the Technology and Construction Court. Instructed by Ofwat as Intervener.
  • 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 fromthe allocation of Electronic Programme (EPG) Numbers by a new digital satellite television platform.
  • 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.
  • 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.

 

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 UNION LAW

Ben regularly advises both public bodies and private clients on EU law matters.  Topics on which Ben has recently advised include: EU provisions concerning the mutual recognition of professional qualifications (Directive 2005/36/EC); the legal status and capacity of the European Investment Bank; EU provisions on citizenship and free movement (Directive 2004/38/EC); and the amenability of EU institutions to the jurisdiction of the European Court of Human Rights. 

Ben has also appeared in a number of EU law cases in both the UK and European courts.  These have included direct actions before the European Courts, claims for Francovich damages, and various cases in the national courts concerning the interpretation and application of EU law.

Ben's recent and major cases include:

  • Case T-433/10 P Allen and Others 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 General Court. 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.
  • Actedfor 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 the judicial review procedure with Article 4 of the EC Framework Directive (Directive 2002/21/EC).
  • Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701: appeared for the Secretary of State before the Upper Tribunal in a case concerning 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 EU law Marleasing principle of harmonious construction.
  • M v Secretary of State for Work and Pensions (CJSA 3707/2007): Upper Tribunal case concerning 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 B Panel and the Attorney General's Freedom of Information Panel.  He has a broad Public and Administrative Law practice with experience and expertise in human rights, immigration, freedom of information, citizenship and free movement, education, employment, childcare and social security. 

Ben appears regularly in judicial review proceedings in the Administrative Court, and in appeals before the Upper Tribunal and the First Tier Tribunal.  He recently acted for Ofsted in successfully defending a high profile judicial review challenge by Sharon Shoesmith (former Director of Children's Services in Haringey   (formerly the Social Security Commissioners), and has acted both for and against a range of central government departments.

Ben's recent and major cases include: 

  • R (Shoesmith) v Ofsted and Ors [2011] EWCA Civ 642, [2011] ICR 1195: 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.
  • R (Kiana) v Secretary of State for the Home Department [2011] EWCA Civ 671, [2012] 1 WLR 765: claim for judicial review concerning welfare support and Article 8 ECHR. Instructed by Defendant.
  • R (North London College) v British Accreditation Council and Secretary of State for the Home Department (CO/10243/2011): judicial review concerning withdrawal of college's sponsorship licence. Instructed by Second Defendant.
  • R (Cambridge Associates) v Ofsted (CO/4434/2011): judicial review against decision of Ofsted to take action against childcare provider. Instructed by Defendant.
  • R (Farooqi) v Secretary of State for the Home Department: application for permission to seek judicial review concerning immigration decision. Instructed by Defendant.
  • Acted forOfcom 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).
  • 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.
  • 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 (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.
  • Export Credits Guarantee Department v Information Commissioner and CAAT (EA/2009/0021): appeal before Information Tribunal against decision of Commissioner. Instructed by Defendant.
  • 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.

 

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 was recently interviewed for BBC Five Live's Morning Report on whether the Freedom of Information Act 2000 should be extended to cover sports governing bodies such as the Football Association.

Ben's recent and major cases include:

  • Newell v Luton Town Football Club 2020 Ltd: represented Luton Town FC in a case before the Football Disciplinary Commission concerning the Football League Articles of Association.
  • 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 Bellamy & Child: European Community Law of Competition (7th ed., forthcoming)
  • 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