Ben Smiley

Education

Education: B.A. (Oxon), Dip. Law (City).




Tel: +44 20 7822 2075
Email: b.smiley@4newsquare.com
Email Clerk: m.sale@4newsquare.com

Year of Call: 2009


Languages
French (basic), Russian (very basic)

Profile

Ben has a broad commercial practice, with a particular focus on international disputes, insurance, financial services, arbitration, disciplinary proceedings, professional liability work, costs and sport.  He advises on, and appears regularly in, trials, appeals, applications and interlocutory hearings in domestic and international courts and tribunals, as sole or junior counsel.

More detail in respect of the areas in which Ben accepts instructions can be found by following the links in “Areas of Practice”.

As an undergraduate, Ben read Politics, Philosophy and Economics at Oxford, obtaining a First Class degree. He went on to receive his legal training at City University, achieving a Distinction in his GDL and being graded Very Competent in his BVC. A member of Middle Temple, Ben was awarded a Diplock Scholarship to support him in his BVC year.

Ben has undertaken secondments at international law firms and the Financial Services Authority (now the Financial Conduct Authority), working on international commercial cases, insurance matters, financial services regulation, professional liability work and sports disputes.

Just as comfortable providing advice as making submissions, and equally adept at written work as in court or conference, Ben has a keen understanding of the needs and objectives of solicitors, insurers and lay clients. He is happy to accept instructions in matters which cross the spectrum of Chambers’ work.

 


International Arbitration

Ben accepts instructions in any domestic or international commercial disputes which are being determined by way of arbitration. His experience includes advising or assisting in respect of:

For relevant experience, please also see the link in respect of Commercial Dispute Resolution.


Chancery

Ben has acted in numerous chancery matters, involving the law of: real property, mortgages, trusts, companies and insolvency.  He has particular experience of:


Commercial Dispute Resolution

Ben’s practice involves a wide range of commercial disputes in the United Kingdom and abroad, including the Middle East and Central Asia. He has worked on substantial claims involving:

A few of the particular cases in which Ben has acted are as follows:


Construction & Engineering

Ben has experience of a range of construction and engineering disputes.

See also the link entitled “Construction Professionals”.


Disciplinary

Ben enjoys disciplinary and regulatory work.  His experience includes appearing before the Taxation Disciplinary Board, as Presenter for the Chartered Institute of Taxation and also the Association of Taxation Technicians.


Financial Services Regulation

Ben has a strong interest in financial services work.

Having undertaken a secondment at the Financial Services Authority (now the Financial Conduct Authority), Ben has detailed knowledge of relevant regulatory law and practice.

He has advised on a wide range of issues involving financial service regulation, including:

See also the link entitled “Financial Services Professionals”.


Insurance & Reinsurance

Ben’s practice has a particular emphasis on all insurance-related matters, acting for and against insurers. He has experience of both litigation and arbitration, in claims (and potential claims) involving:


Professional Liability

Ben’s practice takes in the whole gamut of professional liability work.  He has particular experience of acting in claims involving the liability of:

For further details, see the links in respect of individual professions.

Financial Services Professionals

Ben has advised and acted in respect of many claims against financial services professionals, including:

Having undertaken a secondment at the Financial Services Authority (now the Financial Conduct Authority), Ben has detailed knowledge of relevant regulatory law and practice.

Accountants, Auditors & Actuaries

Ben has acted in several claims against accountants, auditors and insolvency practitioners.  He has particular experience in respect of:

Ben’s reported cases include several judgments in the High Court and Court of Appeal in Re Coniston Hotel (Kent) LLP (In Liquidation).

Construction Professionals

Ben is experienced in acting for and against construction professionals of various types, including architects, structural engineers and contractors.

Insurance Brokers & Agents

Ben is experienced in bringing and defending claims against insurance brokers, which draws on his knowledge of both general insurance work and regulatory requirements.  He has particular experience in respect of claims relating to:

Lawyers

Ben has acted in numerous claims against both solicitors and barristers.  He has particular experience in respect of:

Surveyors & Valuers

Ben has particular experience of acting and advising in disputes concerning surveys and/or valuations, including in respect of alleged overvaluations of several million pounds.


Sports Law

Ben enjoys advising and advocating in respect of sports disputes.  His experience includes:


Costs

Ben’s practice includes consideration of a wide range of issues concerning costs.  He has acted or advised in respect of assessments, applications and appeals concerning a range of topics including the following: