A construction dispute in the Jersey Royal Court concerning defective piling works.
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.
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).
- Denise Brewster v (1) NILGOSC (2) Attorney General of Northern Ireland (Intervener)  UKSC 8 Led by Nicholas Bacon QC in the Supreme Court on a successful application relating to CFA enforceability on appeal from the Court of Appeal of Northern Ireland.
- Representing an architect in RIBA disciplinary proceedings (2019)
- 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 an ongoing claim 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.
- Acting for a Kazakhstan-based law firm in a commercial dispute in the BVI
- 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.
- Acting for insurance brokers in a claim against them and insurers involving issues of dual insurance, policy interpretation and rectification.
- Acting for a chartered surveyor in a claim alleging breaches of duties owed as contract administrator under a 2011 JCT Building Contract.