Benjamin’s practice encompasses a broad range of commercial litigation and arbitration with a particular focus on construction and engineering, arbitration, professional liability and costs.

Benjamin is an experienced junior advocate with significant experience in litigation, arbitration and adjudication.  He has appeared in the Court of Appeal and High Court (led and as sole counsel) as well as the County Court on a wide variety of matters encompassing general commercial litigation, multi-track, fast track and small claims trials, mortgage and property disputes, landlord and tenant and costs.

Benjamin’s recent and current instructions include:

  • Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC) (Coulson J) Acting for the Claimant project managers in their successful opposition to the Defendant property developer’s application to set aside default judgment.
  • Acting (led by Roger Stewart QC and Anneliese Day QC) on behalf of contractors in a complex arbitration claim worth in excess of £100 million relating to a nuclear installation.
  • Led by Fiona Sinclair QC in a delay claim brought by the main contractor against architects and M&E consultants arising from a prestigious London residential development.
  • Led by Ben Hubble QC in Guney v Kingsley Napley [2016] EWHC 2349 (QB). Acting for defendant solicitors in a claim arising from five years’ of family litigation, concerning issues of domicile and claims for financial provision under the 1975 Inheritance Act.    Succeeded in having several heads of loss struck out and the Claimants’ applications to amend refused.
  • Led by David Turner QC defending solicitors in multi-million pound disputes arising from property development and share transactions against a background of civil fraud. Includes allegations of dishonest assistance and breach of trust.
  • Acting for insurance brokers in a claim against them and insurers involving issues of dual insurance, policy interpretation and rectification.
  • Sole counsel successfully striking out a claim against contractors arising out of a loft conversion.
  • Sole counsel successfully striking out a claim against financial advisers on limitation grounds.
  • Acting for developers and project managers in a fee claim with counter-allegations of professional negligence.

Areas of Expertise

Commercial
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Commercial litigation is at the heart of Benjamin’s practice.   He deals with a wide range of commercial disputes across a variety of industry sectors addressing issues such as contractual matters, negligence claims, breach of fiduciary and directors’ duty, breach of trust (including accessory liability) and shareholder disputes.  He has experience of advising on jurisdictional matters and conflicts of laws, which in turn formed a significant part of his academic legal studies.   He is also instructed on interim applications including freezing injunctions.

Cases

Obtaining a freezing injunction in the High Court

In the context of a claim to enforce a loan agreement which was resolved in favour of Benjamin’s client at trial.

Obtaining a freezing injunction in the High Court

In the context of a claim to enforce a loan agreement which was resolved in favour of Benjamin’s client at trial.

Claim against solicitors

A complex professional negligence claim relating to the solicitors’ conduct of a complex series of share purcha...

Claim against solicitors

A complex professional negligence claim relating to the solicitors’ conduct of a complex series of share purchase agreements, loan agreements and property transactions against a background of fraud. Led by David Turner QC.

Claim against Insurance Brokers

Acting for insurance brokers in a claim brought against them and two insurers under EL policies.   Engages issues of...

Claim against Insurance Brokers

Acting for insurance brokers in a claim brought against them and two insurers under EL policies.   Engages issues of policy interpretation, rectification, dual insurance and gaps in cover.

Acting for a software company

In a claim which raises issues of conversion, unjust enrichment, retention of property rights and constructive trusts...

Acting for a software company

In a claim which raises issues of conversion, unjust enrichment, retention of property rights and constructive trusts.

Dispute between shareholders and co-directors of a company

Involving issues of fraud and breach of directors’ and fiduciary duties.

Dispute between shareholders and co-directors of a company

Involving issues of fraud and breach of directors’ and fiduciary duties.

Advice regarding disputed multi-million pound share sale

Advising in a dispute arising from a multi-million pound share sale.

Advice regarding disputed multi-million pound share sale

Advising in a dispute arising from a multi-million pound share sale.

Advising on liability

Advising on liability under the Bribery Act 2010.

Advising on liability

Advising on liability under the Bribery Act 2010.

Construction
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Construction comprises a significant proportion of Benjamin’s practice, acting and advising for employers, contractors and sub-contractors in disputes in the Technology and Construction Court and the County Court.

Benjamin has acted on claims for and against construction professionals, including architects, structural engineers, concrete suppliers and interior designers involving standard form and bespoke contracts.   He has experience of litigation and arbitration where the underlying issues include mechanical and electrical engineering, civil and marine engineering, traffic flow modelling, public procurement and nuclear safety and engineering.

Benjamin was a marshal in the TCC with Ramsey J and Edwards-Stuart J, gaining a privileged insight into the judicial process and a wide range of construction and engineering issues in the context of PFI contracts involving extensive expert evidence.

Cases

Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC)

Click to read description

Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC)

Benjamin acted for the Claimant project managers who succeeded in resisting the Defendant developer’s application to set aside default judgment in a claim arising from a large mixed commercial/residential development in Wembley.   Mr Justice Coulson considered the interrelationship between CPR 13.3 and 3.9 and made important findings on the nature of promptness for the purposes of CPR 13.3(2).

A complex claim in arbitration

Worth in excess of £100 million concerning nuclear installations. Led by Roger Stewart QC and Anneliese Day QC.

A complex claim in arbitration

Worth in excess of £100 million concerning nuclear installations. Led by Roger Stewart QC and Anneliese Day QC.

Arbitration

Concerning motorway construction and public sector procurement (led by Anneliese Day QC).

Arbitration

Concerning motorway construction and public sector procurement (led by Anneliese Day QC).

A claim against an architect

A delay claim brought by the main contractor against architects and M&E consultants arising from a prestigious Lo...

A claim against an architect

A delay claim brought by the main contractor against architects and M&E consultants arising from a prestigious London residential development. Led by Fiona Sinclair QC.

Linked claims against structural engineers

Obtaining summary judgment in linked claims against structural engineers arising from a loft conversion

Linked claims against structural engineers

Obtaining summary judgment in linked claims against structural engineers arising from a loft conversion

Acting for architects

Resisting a claim for contribution and damages following the settlement of a developer claimant’s defects claim, re...

Acting for architects

Resisting a claim for contribution and damages following the settlement of a developer claimant’s defects claim, relating to the design of drainage and water-proofing of the Broadway Plaza development in Birmingham

Acting for property owners

In their claim against solicitors, builders and surveyors responsible for running a claim against the builders of the...

Acting for property owners

In their claim against solicitors, builders and surveyors responsible for running a claim against the builders of their property and conducting repairs

Claim against building contractors

Concerning the alleged failure to install damp-proofing measures

Claim against building contractors

Concerning the alleged failure to install damp-proofing measures

Claim against structural engineers

Following subsidence, involving issues of soil dessication, tree removal and NHBC guidelines

Claim against structural engineers

Following subsidence, involving issues of soil dessication, tree removal and NHBC guidelines

Professional Liability
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Benjamin has experience in all aspects of professional liability, and he regularly advises, settles pleadings and appears in court.  He has dealt with claims against a variety of professionals including lawyers, construction professionals, surveyors and valuers, insurance brokers and financial professionals.

Benjamin has been dealt with claims in a variety of underlying contexts including conveyancing, litigation (including personal injury, commercial claims, family and property), probate, mortgage lending, corporate transactions and tax advice.

Cases

Guney v Kingsley Napley

Acting (led by Ben Hubble QC) for defendant solicitors in a claim arising from five years’ of family litigation, co...

[2016] EWHC 2349 (QB)
[2016] EWHC 2349 (QB)
Guney v Kingsley Napley

Acting (led by Ben Hubble QC) for defendant solicitors in a claim arising from five years’ of family litigation, concerning issues of domicile and claims for financial provision under the 1975 Inheritance Act. Succeeded in having several heads of loss struck out and the Claimants’ applications to amend refused.

Claim against Insurance Brokers

Acting for Defendant insurance brokers in a claim brought by an insured against two EL insurers and the broker.  ...

Claim against Insurance Brokers

Acting for Defendant insurance brokers in a claim brought by an insured against two EL insurers and the broker.    Concerns issues of dual insurance, policy interpretation, gaps in coverage, rectification and exemptions.

Acting for defendant solicitors

A claim for wrongful advice in relation to a termination notice in an agency agreement.

Acting for defendant solicitors

A claim for wrongful advice in relation to a termination notice in an agency agreement.

Claim against solicitors

Advising on limitation in the context of a claim against solicitors for failing to obtain a first legal charge for a ...

Claim against solicitors

Advising on limitation in the context of a claim against solicitors for failing to obtain a first legal charge for a mortgagee.

Acting for an IFA

A claim arising from a series of investments in a fund which is alleged to have been a UCIS, including alleged breach...

Acting for an IFA

A claim arising from a series of investments in a fund which is alleged to have been a UCIS, including alleged breaches of FSMA and COBS.

Lenders claims

Including acting for defendant solicitors in a claim for breach of trust and failure to obtain security, raising issu...

Lenders claims

Including acting for defendant solicitors in a claim for breach of trust and failure to obtain security, raising issues of contributory negligence, mitigation and appropriate remediation.

Acting for IFAs

In a spate of claims arising from investments entered into prior to the global financial crisis where it was alleged ...

Acting for IFAs

In a spate of claims arising from investments entered into prior to the global financial crisis where it was alleged that the investments were outside the claimants’ risk profile.  Most involve detailed consideration of limitation which have led to successful summary judgment applications and drop-hands settlements.

Acting for defendant solicitors

In a claim brought by a firm previously instructed in the same underlying matter, alleging failure to recover their c...

Acting for defendant solicitors

In a claim brought by a firm previously instructed in the same underlying matter, alleging failure to recover their costs.

Acting for defendant accountants

In a contribution claim against tax advisors and providers of an EFRBS tax avoidance scheme.

Acting for defendant accountants

In a contribution claim against tax advisors and providers of an EFRBS tax avoidance scheme.

Sole counsel in the Court of Appeal

Arising from the under-settlement of divorce proceedings.

Sole counsel in the Court of Appeal

Arising from the under-settlement of divorce proceedings.

International Arbitration
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Benjamin’s most recent work includes acting (led by Roger Stewart QC and Anneliese Day QC) on behalf of contractors in a complex arbitration claim worth in excess of £100 million relating to a nuclear installation.

Benjamin is a member of IBA and YIAG.

Cases

Acting for contractors

A complex arbitration claim worth in excess of £100 million relating to a nuclear installation. Led by Roger Stewart...

Acting for contractors

A complex arbitration claim worth in excess of £100 million relating to a nuclear installation. Led by Roger Stewart QC and Anneliese Day QC.

Costs
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Benjamin has a busy practice in costs work.   He has been instructed on a variety of costs matters, which most recently:

  • Led by Nicholas Bacon QC in the Supreme Court on a successful application relating to CFA enforceability.
  • Detailed and provisional assessment proceedings.  In particular:
    • Issues arising from the assignment of CFAs.
    • Benjamin has recently acted on behalf of a successful claimant appealing a provisional assessment of an ATE premium which was subsequently held to be wholly recoverable.
    • A pending appeal of a decision on the recoverability of an ATE premium.
  • Third party assessments under s. 71 Solicitors Act 1974.

Benjamin has extensive experience of dealing with costs management in both the County Court and High Court.

Chancery
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Benjamin’s commercial and property practice regularly involves consideration of issues of a chancery nature such as breach of directors’ duties, breach of fiduciary duties, breach of trust and proprietary remedies.    Benjamin has significant experience of trusts of land, including claims under the Trusts of Land and Trustees Act 1996.

Benjamin has experience of and has given talks on issues of will preparation, probate and administration in a professional liability context, including claims from disappointed beneficiaries.

Cases

Re Whelen (Deceased)

A probate dispute concerning issues of due attestation (in accordance with s. 9 of the Wills Act 1837); want of knowl...

[2015] EWHC 3301 (Ch)
[2015] EWHC 3301 (Ch)
Re Whelen (Deceased)

A probate dispute concerning issues of due attestation (in accordance with s. 9 of the Wills Act 1837); want of knowledge and approval; revocation by destruction and costs. Led by Simon Myerson QC.

Claim in the Central London County Court

Sole counsel in this successful claim following a five-day trial by which his client sought to establish an interest ...

Claim in the Central London County Court

Sole counsel in this successful claim following a five-day trial by which his client sought to establish an interest in a property purchased with her former partner and held in his sole name.

Subrogation claims

Appearing in the High Court, County Court and First Tier Property Tribunal in subrogation and rectification claims fo...

Subrogation claims

Appearing in the High Court, County Court and First Tier Property Tribunal in subrogation and rectification claims for mortgage lending institutions.

Claim for the return of shares

Advising on the effects of personal insolvency.

Claim for the return of shares

Advising on the effects of personal insolvency.

Property & Mortgages
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Benjamin regularly advises and acts for high street banks and other lenders in various aspects of mortgage law, appearing in the Court of Appeal, High Court and County Court.  Benjamin regularly deals with complex possession matters and rectification (including subrogation claims and vesting orders).

Cases

Sole counsel in the Court of Appeal

Sole counsel in the Court of Appeal resisting an application for permission to appeal a decision of the High Court re...

Sole counsel in the Court of Appeal

Sole counsel in the Court of Appeal resisting an application for permission to appeal a decision of the High Court refusing a stay of execution of a warrant for possession on human rights grounds.

Sole counsel in the High Court

Resisting various applications for interim injunctions and stays of execution brought by tenants and mortgagors.

Sole counsel in the High Court

Resisting various applications for interim injunctions and stays of execution brought by tenants and mortgagors.

Obtaining a freezing injunction in the High Court

In relation to a claim to enforce a loan agreement and promise to secure the loan by way of a second charge

Obtaining a freezing injunction in the High Court

In relation to a claim to enforce a loan agreement and promise to secure the loan by way of a second charge

Experience of trusts of land, including claims under the Trusts of Land and Trustees Act 1996.

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Experience of trusts of land, including claims under the Trusts of Land and Trustees Act 1996.

Benjamin has significant experience of trusts of land, including claims under the Trusts of Land and Trustees Act 1996. He acted as sole counsel in a successful claim in the Central London County Court following a five-day trial which was reported in the national press.

Subrogation claims

Including a case in the Lands Tribunal arising out of a mortgage fraud.

Subrogation claims

Including a case in the Lands Tribunal arising out of a mortgage fraud.

Insolvency
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Benjamin acts for and advises private individuals, corporate bodies and insolvency practitioners on bankruptcy and corporate insolvency.   His recent work includes disputed bankruptcy petitions and advising a trustee in bankruptcy on costs recovery.

Insurance
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In line with Chambers’ expertise, Benjamin’s practice encompasses insurance work, particularly in the context of professional indemnity insurance.   He has experience of a wide range of coverage issues and often advises on matters of policy construction.   Recent work includes a claim against insurers and insurance brokers raising issues of policy interpretation, dual insurance and rectification.

Property Damage
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Benjamin has experience of property damage claims including the cases.

Cases

Acting for a homeowner in a claim

Against a local council highways agency and a major construction company relating to a flood caused by negligent drai...

Acting for a homeowner in a claim

Against a local council highways agency and a major construction company relating to a flood caused by negligent drainage repairs.

Acting for a commercial tenant in a claim

For damage and business interruption brought against a neighbouring tenant for extensive water damage caused to their...

Acting for a commercial tenant in a claim

For damage and business interruption brought against a neighbouring tenant for extensive water damage caused to their property and stock.

Defending a company

Which ran a light steam railway alleged to have damaged a steam engine.

Defending a company

Which ran a light steam railway alleged to have damaged a steam engine.

Product Liability
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Benjamin acted for a leading international manufacturer of engineered metal components, in a claim against a manufacturer of plant which exploded in their premises causing extensive damage.    He is currently acting for a distributer of dehumidifier units alleged to have caused fire damage.

Planning
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Successfully representing a lender appealing an enforcement notice over a series of flats built without planning permission in a two-day planning inquiry.  The appeal was brought on the basis that the notice was brought after a period of four years of continuous use in breach of planning permission.  It also required consideration of the test for positive deception under the Welwyn principle.

Benjamin has also acted for defendant solicitors and planning consultants in a claim arising from a lost chance to obtain planning permission and appeal an enforcement notice and refusal of planning permission.

Qualifications & Memberships

Before coming to the Bar, Benjamin ran his own travel company, led tours and lectured on art history in Italy and around Europe.

Benjamin holds a BA in Art History with First Class Honours from Peterhouse, Cambridge.  He received a distinction on the GDL at City University, winning the Maitland Advocacy Prize, and a distinction on the BCL at St Catherine’s College, Oxford, winning the prize for Advanced Property and Trusts.  Benjamin was called to the Bar by Lincoln’s Inn where he was awarded Hardwicke, Lord Bowen and Lord Denning Scholarships.

Benjamin is a member of IBA, COMBAR, TECBAR, SCL and PNBA.

VAT registration number: 166422509