Ben Smiley

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:

• Banking and finance
• Insurance
• Utilities
• Mining
• Shipping
• Aviation
• The sale of goods
• Company law
• The law of assignment
• Spread-betting

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

Cases

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:

• The potential impact of regulatory action on insurance coverage
• Material misrepresentation and non-disclosure
• Notification of claims and/or circumstances
• Aggregation issues
• Reinsurance and retrocession
• The construction of policy wording

‘He has incredible attention to detail but is also flexible.’ – Legal 500, 2019

Ranked as a leading junior by Legal 500, Ben’s practice takes in the whole gamut of professional liability work. He has particular experience of acting in claims involving the liability of:

• Accountants and auditors
• Construction professionals
• Financial advisors
• Accountants, auditors, insolvency practitioners, administrators and liquidators
• Insurance brokers
• Lawyers (including both solicitors and barristers)
• Surveyors and valuers

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

Ben enjoys advising and advocating in respect of sports disputes.  He acts for governing bodies, clubs and players/athletes.  His experience includes the whole range of sports issues:

• Advising on and drafting rules and codes
• Advising and acting for athletes and sports bodies in selection disputes
• Claims involving doping and other breaches of disciplinary rules
• Assisting with commercial disputes connected to the world of sport

Ben accepts sports instructions on a Public Access basis, in appropriate cases.

Examples of cases that Ben has worked on are set out below.

Cases

Ben’s practice includes consideration of a wide range of issues concerning costs.  He is ranked as a “Leading junior” in the Legal 500 2019 in respect of costs.

He has acted or advised in respect of assessments, applications and appeals concerning a range of topics including the following:

• The impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”)
• Costs management orders
• The construction and enforceability of CFAs
• The recovery of costs under s.51 of the Senior Courts Act 1981
• The determination of costs against a publicly funded individual and the Legal Services Commission
• The award and assessment of costs in respect of interim applications and trials
• Solicitor-client disputes concerning costs

See a selection of particularly notable cases below.

Cases

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:

• Whether a firm was providing insurance for the purposes of the FCA
• The impact of redress schemes on firms’ professional indemnity policies
• What constitutes carrying on insurance business in the UK

See further his experience below in respect of claims against financial services professionals.

Ben enjoys disciplinary and regulatory work.  His experience includes appearing before the Taxation Disciplinary Board, as Presenter for the Chartered Institute of Taxation and the Association of Taxation Technicians, as well as advising on disciplinary matters involving barristers and solicitors.

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:

• Arbitrations under the LCIA and other rules
• The meaning and effect of the Arbitration Act 1996
• The drafting of arbitration rules

For relevant experience, please also Commercial Dispute Resolution below.

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

• Claims against insolvency practitioners and administrators
• Disputes relating to the duties of trustees
• Claims for possession and/or other relief by mortgagees and landlords