“A fearsome advocate, with a keen intellect.” – Legal 500, 2019
“He is extremely intelligent and very easy to deal with. He is very quick in grasping the issues, and provides commercial advice.” “An incredibly safe pair of hands. Obviously hot on the law, but he sees it through the commercial prism.” – Chambers & Partners, 2019
“A really good sounding board who provides very pragmatic advice.” “Excellent – he provides a friendly service and is tenacious in court.” “He is brilliant in cross-examination.” “He has a real depth of knowledge in the area, which adds real value.” – Chambers & Partners
“He thinks around a situation beautifully and comes up with well-crafted arguments and strategies.” “He is extremely sound on the law, brilliant on his feet in court and fantastically commercial.” – Legal 500
Recognised by the Legal 500 and Chambers & Partners as a Leading Junior in Professional Liability work, Ben acts for and against a wide range of professionals: solicitors, barristers, architects, surveyors, accountants, auditors, brokers, trustees, tax advisers and financial advisers.
Ben is a co-editor of the Strategy & Tactics chapter of Simpson on Professional Liability.
Ben is often instructed to represent clients at mediation and to advise on litigation strategy, particularly where the opposing sides appear to have very different views of the merits of their cases. Both at trial and beforehand, Ben is particularly adept at identifying and capitalising upon evidential weaknesses in the other party’s case.
With his judicial experience, Ben has been instructed to act as an adjudicator or provide expert determinations in professional liability disputes, including disagreements between insurers and their insureds as to strategy and coverage disputes.
There is considerable overlap between Ben’s Chancery, commercial and professional liability practices and he tries to draw on his own experience in the commercial and financial sectors when advising and appearing on behalf of clients.
He particularly enjoys complex financial questions, whether they are at the heart of the dispute or required for a proper quantification of the claim.
Ben has wide experience in claims for and against lawyers, acting in the Court of Appeal, the High Court and in County Court claims.
His practice includes wasted costs and coverage work. Ben is instructed as sole advocate and as a junior and the range of cases spans solicitors, barristers and conveyancing executives, including claims against solicitors acting as trustees and executors.
Ben is recognised for his innovative strategic approach to claims, and in particular his identification of case management and procedural angles that benefit the case strategy.
- With Justin Fenwick QC, Ben acted for the claimants in Harding Homes v. Bircham Dyson Bell [2015] EWHC 3329 (Ch). This raised issues of the scope of a solicitor’s duty in a commercial negotiation, and the loss of a chance to exploit a bargaining position.
- Junior to Nicholas Davidson QC in Newcastle International Airport Ltd v. Eversheds[2014] 1 WLR 3073, at first instance and in the Court of Appeal. The case raises questions of authority where solicitors take instructions from an agent of their client (in this case, the airport) who is also on the other side of a transaction (in this case, the chief executive in relation to his own service contract).
- Instructed in a claim against a barrister arising out of a disastrous door of court settlement.
- Particularly experienced in bringing strike out and summary judgment applications and in handling difficult amendments.
- Instructed as a junior in the Commercial Court group litigation following the collapse of The Accident Group and was latterly instructed in two similar, Commercial Court actions.
- Familiar with partnership issues, including those involving innocent partners facing claims arising out of the acts of a dishonest partner.
- Briefed as junior (to David Halpern QC) in a high value solicitors’ negligence action in the Chancery Division involving a dispute over a 20 year old land swap agreement and in a £26 million mortgage fraud involving surveyors and various firms of solicitors.
- In Kandola v. Mirza [2015] EWHC 460 (Ch) (reported at [2015] PNLR 19), which was a conveyancing claim against a solicitor, the Judge commented upon Ben’s “very able cross examination”.
- Instructed solicitors alleged to have caused loss to an estate for failure to acknowledge the testator’s lack of capacity and therefore cease acting.
- Ben is acting for the claimant in a loss of a chance claim arising out of a defectively drafted Will, which resulted in the loss of a £5 million estate. The claim also raises novel questions of the scope of the White v. Jones.
Ben has a strong background in accountancy and audit claims and is able to call upon his financial experience at NM Rothschild & Son.
- As a junior, Ben was led by David Halpern QC, in a claim by Barclays against Grant Thornton, arising out of a non-statutory audit report: Barclays Bank plc v. Grant Thornton UK LLP [2015] EWHC 320 (Comm).
- Instructed in a claim against accountants who failed to implement the Whitewash procedure correctly.
- Instructed for accountants who were longstanding advisers to a farming family. The claim raised issues in relation to the underlying accountancy and the principal’s role as professional trustee of the family trusts.
- Claims arising out of negligence tax advice, including foreign domicile issues.
- Disputes arising out of late submission and inadequate preparation of accounts and tax returns.
Construction Professionals
Ben enjoys the technical challenge presented by construction and engineering disputes. Examples of Ben’s work in this area include:
- Instructed to take over a bitter dispute over the design and installation of a commercial kitchen.
- Multi-profession disputes, including designers and builders.
- Claim against building surveyor and building regulations consultant, involving issues of contributory fault, vicarious liability and remediation strategy.
- Defending an architect in relation to the design of a landmark “green” building project.
- Dispute over the design, construction and maintenance of common parts in a large residential development.
- Claims involving planning consultants and development proposals.
Ben has wide experience of claims for and against valuers, land agents and estate agents. These often involve failed developments or overlapping disputes with legal or construction professionals. Ben has a particular eye for issues of reliance, causation and contributory fault. His cases have included:
- With Ben Hubble QC, acting for the Claimant lender in a very high value dispute arising out of the valuation of a nationwide portfolio of commercial properties. This case raised particular issues of the impact of a portfolio valuation on the “bracket”.
- Numerous claims concerning overvaluations of residential, commercial and agricultural property.
- With David Halpern QC, £26 million mortgage fraud involving surveyors and various firms and solicitors. The surveyor (and some of the solicitors) were alleged to have conspired with the borrower.
- Claims involving the failure by a valuer to advise properly in relation to title defects.
- Claim against a letting agent for allegedly negligent due diligence on a prospective tenant.
Financial Services Professionals
Having spent 3 years as a corporate financier at NM Rothschild, Ben has both interest in and experience of the City and financial regulation. Since coming to the Bar, Ben’s caseload has covered a wide spectrum of financial services professionals, including tax advisers, IFAs, wealth managers and financial intermediaries. His cases have included:
- Acting for a family trust against tax advisers in relation to negligent structuring of offshore vehicles.
- Acting for the defendant fund administrator in a claim arising out of the Credit Crunch, where the property fund was suspended following liquidity issues.
- Claims arising out of negligent tax advice, including foreign domicile issues.
- Acting for claimants and defendant IFAs in disputes raising allegations of inadequate risk analysis or failure to advise as to risk.
- Instructed for the fund intermediary in an alleged multi million pound Ponzi scheme involving investment in overseas property. This raises cross-border issues.
Ben has considerable experience in insurance related disputes, including claims against brokers and those where the broker and the insurer are co-defending. His cases have included:
- Acting for the broker in a claim against the broker and insurer over the refusal to cover a claim arising out of an arson attack on an adult entertainment venue.
- Claims involving declinature on the basis of alleged non-disclosure.
