Ben Rich

Ben Rich

"An incredible advocate. He is practical and persuasive, and his cross-examination skills are fantastic."

Legal 500 UK 2024
Year of call: 2010
For enquiries please call: 020 7353 5324 or email vcard cv linkedin save

Professional Discipline

Ben Rich is ranked as a leading junior in this field by both Legal 500 and Chambers and Partners.

He defends doctors, dentists, and other healthcare professionals before their regulators. He presents cases for the General Optical Council, the Royal Institution of Chartered Surveyors and the British Acupuncture Council.

Recent cases include successfully defending a doctor accused of bribing a patient not to complain, and defending a cancer specialist facing around 60 charges relating to his clinical practice. After cross-examination of the GMC expert none of the particulars deriving from the expert’s report were found proved.

In 2020 he secured a 9-month suspension for a doctor found to have had a sexually-motivated communication with a 13- year-old. Ben successfully defended this outcome in the High Court against a GMC appeal [GMC v Awan [2020] EWHC 1553 (Admin)].

Other cases have included charges of dishonesty, sexual impropriety with nurses, and a range of clinical failings.

Ben has advised on judicial review for healthcare professionals, and has conducted a number of (non-medical) judicial reviews in the High Court.

Notable Cases:

GMC v Dr N (2024)

The doctor was accused by three eyewitnesses of extensive failures in examining and treating a patient. After cross-examination the only charges proved were minor ones (mostly record-keeping) which the doctor had admitted.

GDC v TC (2023)

This dentist faced multiple charges of inappropriate touching of dental nurses, and further allegations concerning a relationship with a junior employee in a non-dental setting. The Committee decided that the touching of the nurses was not sexual in nature, and the relationship with the employee was consensual, albeit an abuse of trust. There was a finding of “no impairment”.

GMC v Dr MW (2023)

Dr MW was accused of bribing a patient not to make a complaint, following an incident in which the patient was allowed to order excessive amounts of opiates on repeat prescription. The prescription issue was dealt with at an earlier hearing where no impairment was found. In the second hearing the Tribunal concluded that the doctor did try to persuade the patient not to complain, but the allegation he offered money was not proved. He was subject to an order of conditions.

RICS v C&W (2023)

Ben represented RICS in this case against a large building management company. The company had been convicted in the Crown Court of Health and Safety offences after a passer-by was killed by a block of wood that was blown off a roof. The company had improved its safety and inspection procedures and its management systems. A fine was imposed on the company, but it retained its RICS affiliation.

GMC v SO (2022)

Dr SO faced nine separate charges accusing her of dishonesty in her clinical practice, and in what she told various employers and others about her difficulties. She also faced clinical allegations. One of the dishonesty allegations was deleted after a preliminary ‘Misra’ argument that the doctor had merely been setting out her account, and to charge it was oppressive. Six of the remaining dishonesty allegations were not proved. Two were proved, but the doctor got a sanction of conditions involving supervision.

GMC v Dr Awan [MPTS and GMC v Awan [2020] EWHC 1553 (Admin)]

This case involved a doctor who, against his denials, was found to have had sexually-motivated conversations with someone he believed to be 13 years old (in fact a police officer). The GMC appealed a 9-month suspension but it was upheld. The case is important for stating that a registrant should not face increased sanction simply for putting up a defence to the facts, however lacking in credibility that defence may be.

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