Ben Amunwa > The 36 Group > London, England > Barrister Profile

Ben Amunwa

Work Department

36 Commercial

Position

Ben is an experienced judicial review practitioner with a track record of acting for both claimants and defendants in challenges to the policies, practices and decision-making of public authorities.

Ben’s cases concern disputes arising from education, disability rights, public sector contract delivery, equality duties, asylum support, unlawful detention, trafficking, human rights and immigration. He has acted unled up to the Court of Appeal level and frequently collaborates with leaders on cases with lasting implications.

His breadth of knowledge across different jurisdictions allows him to deal with niche legal points that may arise such as privacy, privilege, data protection, disclosure, costs and other aspects of civil procedure.

He is known for his impressive advocacy and drafting skills. He understands that solicitors often require realism, whether about the merits of a case or counsel’s capacity levels. He is down-to-earth, responsive and easy to work with.

As an adaptable advocate, Ben assists commercial clients with advice and representation in employment law and international business disputes. He is equally fluent with multi-week trials in discrimination and whistle-blowing cases as he is with appellate level advocacy.

At trial, Ben is undaunted by senior opponents. He is a key player on counsel teams alongside senior colleagues and supports his leaders whenever required, on the big picture issues and the details. Unusually, Ben has cross-examined numerous solicitors in employment cases, including partners and senior associates at city law firms. He has even been moments away from cross-examining a judge in a lengthy dispute over coronial fees.

He is a popular choice in complex, sensitive dispute resolution for individuals, employers, commercial start-ups, trade unions, regulated professionals and public authorities.

In recent years, Ben has had particular success in achieving the suspension of central government policies. Working closely with colleagues at Deighton Pierce Glynn (‘DPG’) solicitors and The Unity Project, a leading charity, Ben secured the suspension of a policy which switched family migrants from the 5-year route to settlement to the 10-year route, if, due to hardship, they required access to welfare benefits. This followed a series of five judicial review policy challenges over the course of a year. The suspension is pending cross-departmental review and was announced in the House of Commons on 7 February 2022 by Kevin Foster MP during Parliamentary questions to the Home Office.

Further recent cases illustrate Ben’s wealth of expertise:

R (AB) v Secretary of State for the Home Department [2022] EWHC 1524 (Admin)

Alongside a team of lawyers and NGO colleagues, Ben assisted the claimant and her 2 young children to challenge the lawfulness of the government’s prohibition on migrants accessing mainstream welfare benefits. AB argued that the government had failed to amend the Immigration Rules and/or guidance to caseworkers to reflect the duty to have regard to the best interests of affected children, despite the Divisional Court previously declaring the same policy unlawful in April 2021. Lane J. agreed with the claimants, finding that (i) the policy sanctioned or authorised unlawful conduct and (ii) it would generally be in the interests of children affected by the policy to have access to public funds, if required. The judgment is likely to assist migrant families with children to access public funds where necessary to avoid destitution.

‘Y’ (2022)

Working with DPG, Ben acted for a destitute and disabled Hong Kong British National (Overseas) citizen in a judicial review claim that was successfully resolved by consent, challenging the Secretary of State’s decision to impose a ‘no recourse to public funds’ condition on the claimant’s grant of leave to remain and the wider policy on how those decisions are made.

R (on the application of ALW) v Secretary of State for the Home Department [2022] EWHC 557 (Admin)

Ben represented an asylum-seeking father and his 15-year old son (‘H’) who is a wheelchair user with brain damage and severe learning difficulties and significant physical disabilities. For over 2 years, the family of 4 were accommodated by the Defendant in inaccessible accommodation. Ben successfully obtained an interim mandatory order and a costs order against the defendant, with the result that the family were moved to alternative, accessible accommodation in their preferred location. At trial, the Court found the defendant’s delay to be irrational, in breach of statutory duty and that the defendant had discriminated against H because of something arising in consequence of his disability. This case provides an important example of the application of the principles in R (DMA & Others) v Secretary of State for the Home [2021] 1 W.L.R. 2374; [2020] EWHC 3416 (Admin), an earlier leading disability rights case in which Ben also acted.

‘S’ (2022)

Instructed by Lawstop Solicitors, Ben represented the parent of a child with special educational needs who had not received special educational provision for several school terms in her mainstream school placement. The matter was resolved successfully when the local authority agreed to fund parent’s preferred independent special school placement, making a significant difference to the child’s development and progress.

Ben is currently involved in several policy challenges to the lawfulness of the government’s guidance and practice regarding the administration of asylum support payments and the restitution of backdated payments for sums due. Further challenges in this area include several claims relating to interpretation of asylum support legislation. He is also engaged in a group litigation seeking damages under the Human Rights Act 1998 for over 90 claimants, including British children, who were wrongfully prohibited access to public funds while destitute.

Ben provides the highest quality service to all his clients. He assists with advice, negotiation, mediation and litigation at all levels. His approach is accessible to all backgrounds, genders, abilities and beliefs. He is LGBTQI+ friendly and open to all faiths and none.

Ben supports several initiatives seeking to address inequality at the Bar. In October 2021 he was appointed by the Bar Council to a panel of trainers to implement a course to barristers chambers nationally, entitled ‘An introduction to conversations about race in chambers’. He trains other professionals and organisations on discrimination law and race equality.

Before coming to the Bar, Ben spent a decade in research and campaigning, focusing on the environmental and social impacts of the oil and gas sector worldwide. He is passionate about supporting the legal community in his practice areas and seeks to make difficult areas of law and procedure more accessible.

Career

Call: 2013

Memberships

• Constitutional and Administrative Law Association (ALBA)
• Commercial Bar Association (‘COMBAR’)
• Employment Lawyers Association (‘ELA’)
• Education Law Association (‘ELAS’)
• Advocate (formerly the Bar Pro Bono Unit)