Benjamin Archer’s practice covers all aspects of commercial litigation, professional liability and insurance. He has a particular specialism and interest in cases with a company or insolvency law dimension.
Bens’ current and recent instructions include:
Before coming to the Bar, Ben completed a Ph.D in the field of director liability in insolvent companies, with a specific focus on directors’ disqualification. He was supervised by leading insolvency academic Professor David Milman. Ben is also editor, with Richard O’Brien, of the chapter on Human Rights and Judicial Review in Jackson & Powell on Professional Liability.
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Ben receives instructions across a range of commercial disputes, both led and unled.
He also has a passion for technology and an extensive background in computer programming, so is well placed to take instructions in disputes with an IT or any technical element.
Featured Commercial Dispute Resolution cases
Given his academic background in insolvency, Ben often takes instructions on cases (both led and unled) with an insolvency or companies dimension.
Featured Company & Insolvency cases
Ben also has significant experience of winding-up petitions, contested or otherwise, and will take instructions to appear for petitioners, creditors and/or debtor companies.
Ben regularly advises on issues of coverage and exclusions, generally in the context of litigated professional indemnity claims, but he also has experience of advising on D&O insurance, and general property damage claims. He has a detailed understanding of the Third Parties (Rights against Insurers) Act 2010 and the predecessor Act, and of many of the practical difficulties arising in proceedings under those Acts.
Specifically, Ben’s recent experience includes:
Ben is frequently instructed in professional liability matters concerning claims involving a broad range of professionals including solicitors, accountants, barristers and financial advisors.
Ben also has experience of breach of trust and breach of fiduciary duty in this context often, but not exclusively, arising from allegedly negligent conveyancing.
Featured Professional Negligence cases
Ben also has considerable experience in the area of enforcement by certificated enforcement agents (bailiffs) and High Court Enforcement Officers, in particular where they take control of goods. He has a detailed knowledge of the substantive legal and procedural elements of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, the Taking Control of Goods Regulations 2013, and the Taking Control of Goods (Fees) Regulations 2014 and has experience of acting for both enforcement agents and judgment creditors in matters including:
Rare successful undue influence defence. Ben Archer is interviewed by LexisPSL in relation…
Education: LL.B (Hons), Lancaster University (First Class); BPTC, BPP University (Very Competent); Ph.D, Director liability in insolvent companies, Lancaster University, Supervisor: Professor David Milman (Degree conferred without corrections)
Scholarships & Awards: The Sir Robert Megarry Scholarship, Lord Denning Scholarship, Hardwicke Entrance Award (Lincoln’s Inn); BPTC Excellence Award Scholarships (BPP University); The Peel Trust Scholarship (The Dowager Countess Eleanor Peel Trust); The Geoff Pillar Scholarship, The Mark Everard Award (Lancaster University)
Restructuring & Insolvency analysis: The court held that a disqualified director’s rehabilitation…
Banking & Finance analysis: Guarantees executed, but unenforceable, as deeds may take…
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