EWHC 658 (TCC) – Sole counsel in a four-day quantum hearing in the TCC to assess the value of the Claimant’s claim for damages for repudiatory breach of contract following default judgment on liability.
Benjamin Fowler’s practice encompasses a broad range of commercial litigation and arbitration, with a particular focus on construction and engineering, 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 SCCO and County Court on a wide variety of matters encompassing general commercial litigation, construction, professional negligence and costs.
Ranked as a leading junior in the Legal 500 for Professional Negligence, Benjamin has been described as “Technically gifted both in writing and orally.” – Legal 500, 2020
Benjamin’s recent and current instructions include:
- Redbourn Group Ltd v Fairgate Development Ltd  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. Benjamin acted as sole counsel in the four-day quantum hearing which concerned issues of damages for repudiatory breach of contract against a background of property development and planning –  EWHC 658 (TCC).
- Quaradeghini v Mischcon de Reya : sole Counsel in a lost litigation claim arising out of banking proceedings
- A piling works construction claim in the Jersey Royal Courts
- Sole Counsel in a three-day trial in the Queen’s Bench Division (April 2018). A solicitors negligence claim concerning conveyancing and planning enforcement. Benjamin successfully resisted an application to amend the Particulars of Claim on limitation grounds and the claim was dismissed on grounds of no duty of care and causation.
- Led by David Turner QC in Muduroglu v Stephenson Harwood (A Firm)  EWHC 29 (Ch), successfully striking out allegations against solicitors who acted for the claimant in property development and share transactions. Includes issues of limitation, amendments made under CPR Part 17, and allegations of dishonest assistance and breach of trust.
- Led by Fiona Sinclair QC in a delay claim brought by the main contractor against architects and M&E consultants arising from a luxury London apartment development.
- Sole Counsel in a claim in arbitration for delay and damages brought by an employer against architects of a prestigious UK art gallery.
- Led by Ben Hubble QC in Guney v Kingsley Napley  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.