Dr Benjamin Archer

Commercial dispute resolution is central to Benjamin’s practice.  He regularly handles complex and high-value cases across the full spectrum of commercial work, including civil fraud and the economic torts.

Given his extensive background in computer programming and systems administration, Benjamin is well-placed to take instructions in IT-related disputes or those with a significant technical element. He is equally comfortable dealing with claims that involve a complex or heavy financial element, including those involving modelling and financial or statistical analysis.

Benjamin also has experience advising on obtaining or resisting Norwich Pharmacal relief and freezing injunctions, and he is attuned to the sensitivities and urgency that such proceedings often entail.

Featured Commercial Dispute Resolution cases

• GI Globinvestment Limited v XY ERS UK Limited [2025] EWHC 740 (Comm): acted for the Claimants at trial in a substantial investment fraud claim, alleging deceit and conspiracy (Junior to Dan Saoul KC).
• Acting in a substantial claim brought by a lender resulting from the demolition of the secured property.
• Pleading and acting in a claim (including against insolvency officeholders) to recover c. £850k paid by mistake, involving allegations of knowing receipt and unjust enrichment.
• Acting in a reference to the Financial Ombudsman Service in respect of the failure of an insurer to comply with obligations under the Financial Services and Markets Act 2000 and associated rules.
• Acting in claims relating to the recovery of cryptocurrency assets, as well as in connection with all forms of interim relief including freezing orders.
• Acting for the Claimant in an inquiry following the breach of a cross-undertaking by a foreign state.
• Advising an arbitral creditor on the appointment of receivers to recover assets placed beyond the reach of the English courts, despite there being an extant freezing order (Junior to Dan Saoul KC).
• Advising on rectification where the underlying agreement was admitted to be unenforceable.
• Advising an arbitral creditor on the appointment of receivers to recover assets placed beyond the reach of the English courts (Junior to Dan Saoul KC).
• Advising on bringing/resisting security for costs applications, including against a third party funder.
• Acting for a Claimant in a claim for breach of contract against an importer for its failure to supply £2.4m of PPE (intended for the NHS) during the COVID-19 pandemic.
• Advising on Norwich Pharmacal applications, including on one matter where the disclosure of IP addresses was sought following abusive posts on an internet message board.
• Advising in connection with freezing injunctions, and on routes for enforcement in cases of an extant freezing order. 
• Advice as to the financial entitlements of a designated member of an LLP following retirement.
• Advising as to whether criminal convictions can be relied upon in concurrent or subsequent civil proceedings.
• Assisting on a dispute within the jurisdiction of the Groceries Code Adjudicator.
• Advising on challenging an order where a Court Officer appeared to exceed their jurisdiction when entering judgment.

Enforcement

Benjamin has considerable experience in enforcement, including where certificated enforcement agents (bailiffs) and High Court Enforcement Officers take control of goods. He has a detailed knowledge 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

Benjamin acts for both enforcement agents/HCEOs and judgment creditors, advising on and handling:

• CPR Part 85 proceedings (third party claims to controlled goods)
• Claims under paragraph 66 of Schedule 12 by debtors for the return of goods and/or damages, as well as associated claims for trespass, conversion, and unjust enrichment etc.
• Advising on how insolvency impacts the enforcement process, including where there is a live breathing space moratorium.
• Complaints against certificated enforcement agents and/or HCEOs and/or enforcement firms.