Ben acts for clients in the financial services sector, primarily: clearing banks, payment service providers, ABLs and asset finance businesses. He advises on all retail banking disputes/complaints, provides regulatory work and has undertaken investigations often with a focus on fraud.
Ben has specialist expertise in all contentious, risk advisory and documentation aspects of Payment Systems (and Fintech) including merchant acquiring, card issuing and card schemes. He advises PSPs and businesses on issues including all aspects of payments regulation (IFR, PSD2, PSRs, e-money), payment processing contracts; payment card data breaches and security rules; Card Scheme Rules; fraud; complex Card Scheme contract structures; compliance for start-ups; and new card technologies.
Ben also advises on cyber security issues and has acted on investigations and litigation deriving from data breaches and criminal hacks in a number of high-profile incidents.
- Advising the payment processing and card issuing sections of RBS on the impact of the Payment Services Directive/PSD2 and IFR.
- Advising a major UK card acquirer following the world’s largest compromise of card data at a major merchant. This involved advising on contract liability and subsequent claims, adverse publicity and the fine regimes of the major card schemes.
- Acting in fraud actions for FS clients derived from phishing/vishing, cyber-attack/hacks, payment account misdirection, fraudulent mis-use of payment processing facility, general mis-representation, cheque fraud, Direct debit Scheme fraud and others.
- Acting on multi-jurisdictional matters, such as cross-border injunctions following a major direct debit fraud; asset tracing following equipment fraud or fresh-air invoicing.
- Acting for Banks managing risk issues including defending claims for: race discrimination, following steps taken to close accounts for risk reasons, account freezing following sanctions/AML risk concerns or other legitimate reasons.
- Leading an investigation into serious data loss, including witness interview and remediation advice on policies, processes and contracts together with analysis of best data security practice.
- Ben is ranked as an individual Banking Litigation Partner in Chambers & Partners.
- Ben Johnson "is quick to assimilate facts" and has ‘good awareness of the commercial realities of cases, as well as a keen eye to the broader strategy of a dispute’. Legal 500 2018
- 'The knowledgeable and very practical Ben Johnson is prized for his commercially minded counsel to clients including cyber-crime and fraud allegations. He has also been engaged for his advice on pan-European regulatory risks.' Chambers UK 2017