At New Park Court Chambers, we do things a little differently. With 70 junior barristers and 16 King’s Counsel, our reach and influence stretches far beyond the bounds of our Circuit.
As a Tier 1 Set based in Leeds and Newcastle we are home to a number of high profile and nationally and internationally reputable Counsel.
Benjamin Whittingham focuses on criminal and regulatory law.
He has developed niche expertise in representing trade bodies in test cases and has in-depth knowledge of complex building regulation work, conducting advanced litigation for the building control industry at first-tier and appellate level.
His criminal cases span a broad range of serious offences, including sexual offences, drugs and violence. He has appeared on a number of occasions before the Court of Appeal as part of his criminal practice.
Ben frequently appears for international sports stars and high-profile individuals who find themselves prosecuted for criminal offences or facing professional disciplinary proceedings.
He understands the potential impact of litigation on the reputations of high profile individuals and has proved adept at devising appropriate strategies to navigate these concerns.
Ben has an ability to quickly develop a strategic overview of a case. His focused and pragmatic advisory work has already influenced policy and practice in the field of building control.
Ben conducts first-instance and appellate work across all areas forming part of his practice.
He undertakes prosecution and defence work in both the Magistrates’ and the Crown Court. His more notable recent cases have involved serious offences, including death by careless driving which involved a successful defence of automatism, rape and sexual assault, industrial scale cannabis cultivation and supply, and assisting an offender after a drive-by shooting.
He recently enjoyed success in the Court of Appeal, achieving a one-third reduction in the custodial term.
He also acts in private prosecutions covering environmental offences or offences of animal cruelty.
Prosecuting perverting course of justice offences arising from collapse of earlier dangerous driving trial. Advised on detailed trawl of investigation to undermine alibi evidence advanced in the form of fabricated Snapchat images and marshalled technical and expert evidence into possible mechanism for fabricating such evidence. Guilty pleas entered.
Prosecuting an arson where the Defendant relied on the defence of sane automatism, having been struck over the head with a machete in an attack moments prior to the arson. Case required regularly advising the police as to investigatory steps, including accessing the handset and sourcing addenda from the expert. Defendant ultimately pleaded.
Junior to David Outterside defending in a 4 month multi-handed conspiracy to possess a firearm with intent to endanger life and to supply Class A drugs off-circuit. Issues relating to bad character, hearsay and continuity. Client sentenced to 10 years, the judge accepting that the defendant was extremely naive, his participation was very unsophisticated and he was involved in the enterprise as a result of an immature admiration for a leading OCG member.
Defending a England rugby international in summary proceedings.
Resisting a Reference by the Attorney General for a sentence which was felt to be unduly lenient. The sentence for aggravated dwelling burglary in which a pregnant occupier fled in fear at the sight of a group wielding a machete was initially one of 4 years. Whilst the sentence was increased, it was possible to persuade the court that it was more squarely a Category 2 case rather than a Category 1 case as was suggested.
Prosecuting a section 18 glassing offence 3 day trial, the issue being intention to cause really serious harm after the level of harm was admitted by guilty plea to a s20 offence. The defendant suggested he had struck out at the Complainant briefly and reflexively so had no such intention. Cross-examination by reference to the CCTV established the Defendant was seemingly pushing others out of the way to get at the Complainant quicker so as to strike the blow. Convicted by the jury after an hour of deliberation.
Prosecuting a male who was found unfit to plead in a case involving the highjacking of an emergency ambulance and it being subsequently driven dangerously across Leeds. The case involved marshalling evidence from a substantial number of witnesses and footage from pursuing police vehicles and the police helicopter. A hospital order with restrictions was ultimately imposed.
Defending in a case of assisting an offender in the cleaning of a car after a drive-by shooting, Ben recognised the need for expert medical evidence to substantiate a novel point of the defendant’s case. The defendant was exploited by a family member who knew she suffered from a severe preoccupation with cleanliness. Psychological reports were able to offer an innocent explanation for the Defendant’s focus on an area of a vehicle from which a firearm had been discharged earlier in the day, such that the Crown ultimately opted to offer no evidence.
18 month custodial term reduced to 12 months to reflect mitigation and credit in case of repeat assault on emergency workers while heavily in drink.
Appeared for the defence at the first hearing and PTPH in a death by careless driving case. Advised on the defence of automatism which was successfully deployed, the Crown offering no evidence. The Defendant had been stung by a wasp whilst rounding a bend in the road, killing an elderly passenger in an oncoming vehicle.
Defended in an appeal against conviction in a case of threatening a member of staff working for a local MP.
Defending in a PWIT Class A case where the defendant maintained he was present at a drugs den to buy rather than to sell drugs. Secured a suspended sentence, having persuaded court to sentence outside the guidelines on account of the defendant’s youth and the unjustifiable delay in bringing the case to trial
Defended in an industrial scale cannabis cultivation and supply case, where the Defendant was renting a number of properties out to an organised crime gang. Successfully persuaded the judge to sentence outside the guidelines. The Defendant was sentenced to 3 years rather than the usual 8 years where the estimated yield was at least 44 kilos.
Ben completed a programme of weekly advisory work for the Care Quality Commission which considered the merits of potential reasonable excuse defences for breach of s33 Health and Social Care Act 2008. The thoroughness of his preparation was praised by his instructing solicitor at the CQC, who also commended his clear, consistently sound advice.
Ben has an established practice in professional disciplinary work. He regularly drafts statements of case, advises on case preparation, and presents for Social Work England in both interim and substantive hearings. His work has involved such issues as the admission of evidence given out of the jurisdiction, adverse inferences, hearsay and bad character.
Tribunals have commended his focused and fair submissions.
He is especially keen to develop his practice in this area, making full use of the skills he has developed in criminal work from the lower courts to the Court of Appeal.
New Park Court is pleased to announce that 11 members of the…
Discover moreNew Park Court is pleased to announce that Jemima Stephenson, Ben Whittingham…
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