New Podcast Episode: What is, or is not, a SLAPP? with Clare Dixon KC and Ben Smiley
We are pleased to announce the release of our latest podcast episode,…
Ben Smiley has a commercial practice encompassing all manner of business disputes. He is a leading junior in all his fields of practice.
He is described as “one of the stars of the junior Bar”, a “formidable advocate”, “a delight to work with” and “always first-rate”. Ben was shortlisted for Chancery Junior of the Year in the Legal 500 Bar Awards 2022 and for Chambers & Partners Professional Negligence Junior of the Year 2021.
His commercial practice is broad, comprising the full span of corporate, insurance, professional liability, insolvency, banking and financial services disputes. His substantial costs and funding experience complements those areas. Ben also has a strong regulatory and disciplinary practice, which covers both the financial and legal professions, and sport. His sport instructions overlap with his commercial practice, and have included corporate, insurance and professional liability disputes, and governance issues.
He is praised for his clear advice, effective advocacy, in applications, trials and appeals. A trial judge described his cross-examination as leaving the witness “punch drunk”. He is able to digest complex facts and analyse difficult legal issues, in heavyweight litigation. He has had recent success in the Supreme Court in Armstead v RSA – an important decision on issues including remoteness and the burden of proof.
Ben’s cases often have an international element, with work that has involved the Middle East, Africa, South America, Central Asia and the common offshore jurisdictions. Ben also deals with cases involving allegations of the utmost seriousness: fraud, dishonesty, deliberate wrongdoing and recklessness.
More detail in respect of the areas in which Ben accepts instructions can be found below.
Ben is named a “Leading Junior” in Chambers & Partners and Legal 500. Comments include:
Early in his career, Ben undertook secondments at international law firms and the Financial Services Authority (now the Financial Conduct Authority), working on international commercial cases, insurance matters, financial services regulation, professional liability work and sports disputes.
Just as comfortable providing advice as making submissions, and equally adept at written work as in court or conference, Ben has a keen understanding of the needs and objectives of solicitors, insurers and lay clients. He is happy to accept instructions in matters which cross the spectrum of 4 New Square’s work.
Click here for a Privacy Policy for Ben Smiley.
Commercial litigation is a central part of Ben’s work.
Ben has a broad commercial practice. His areas of expertise include all types of business and corporate disputes across a variety of industry sectors, including banking and financial services, aviation, shipping, energy & utilities, mining, the sale of goods and others.
Ben is accustomed to handling heavy cases, involving a wealth of complex legal and factual issues. He covers the full spectrum of legal points arising in such cases, including contract disputes, commercial fraud, negligence allegations, breaches of duties by directors or trustees, shareholder and partnership disputes, and insolvency.
Ben’s work often has an international element, whether involving foreign law(s), foreign jurisdiction(s), or foreign factual context. He advises on conflicts of law issues and has substantial experience of dealing with foreign law.
Ben is comfortable handling urgent, sensitive and/or difficult interim applications, including seeking or resisting freezing injunctions, anti-suit injunctions and Norwich Pharmacal relief.
Featured Commercial Litigation cases
“Ben takes a measured and methodical approach, advises the client in clear and transparent terms, and is very much a rising star capable of dealing with the most complex of disputes and drilling down into the key issues.” – Chambers & Partners
“Ben is commercial, pragmatic and efficient. He is incredibly responsive and produces written work of a very high standard. He’s very user-friendly and accessible and provides succinct advice on complex issues.” – Legal 500
“Ben is quick to produce draft pleadings, submissions and advice.” “He is an extremely polished performer.” “Ben’s paperwork is thorough and well drafted. He is an extremely able lawyer.” – Chambers & Partners
“Very good on the law, and quick to turn work around.” – Legal 500
“Very clever – he thinks every option through and has great strategic awareness.” – Chambers & Partners
“Approachable, bright and his paperwork is excellent. He brings a fresh perspective to cases.” – Legal 500
Ben’s practice has a particular emphasis on all insurance-related matters, acting for and against insurers. He has experience of both litigation and arbitration, in claims (and potential claims) involving:
Recent cases include:
“Excellent – great to work with and brilliant with clients.” – Chambers & Partners
“Ben is fantastic – he is easy to work with, great with clients, clear and responsive in his advice. Clients really appreciate his strategy input as well as his drafting and technical work, and find him to be commercial and tuned-into the requirements of clients. He has fast become my number one choice at senior junior level.” – Legal 500
“No doubt one of the stars of the junior Bar; his paperwork is thorough and well drafted, and he is an extremely able lawyer.” “He is incredibly hard-working; he’s one of the best juniors around and is undoubtedly a star of the future.” – Chambers & Partners
“His preparation of opening and closing submissions was particularly impressive. He is very approachable and was easy to work alongside for both myself and the client.” – Legal 500
“A very astute tactician and a top quality advocate.” – Legal 500
“Technically excellent and very nice to work with.” “Incredibly pragmatic and businesslike. Extremely good on knotty cases.” – Chambers & Partners
“Ben is an extremely effective advocate who often out-performs his more senior opposing counsel. He is incredibly well prepared and has a sharp focus on the detail.”– Legal 500
“Highly adept at dealing with complex issues and difficult clients under extreme time pressure, and very user-friendly. He deals with matters pragmatically and commercially which is a great help.” “He just works incredibly hard and produces excellent work.” – Chambers & Partners
Ranked as a leading junior by Chambers & Partners and Legal 500, Ben was shortlisted for Chambers & Partners Professional Negligence Junior of the Year 2021.
Ben’s practice takes in the whole gamut of professional liability work. He has particular experience of acting in claims involving the liability of:
For further details, see the sections below in respect of key individual professions.
Ben has advised and acted in respect of many claims against financial services professionals, including:
Having undertaken a secondment at the Financial Services Authority (now the Financial Conduct Authority), Ben has detailed knowledge of relevant regulatory law and practice.
Ben has particular experience and expertise in respect of the liability of those working in the accountancy professions: accountants, auditors and insolvency practitioners. He co-edits the chapter on accountants in Jackson & Powell (9th Ed). Ben has acted and advised in respect of numerous high value and complex disputes concerning inter alia:
Featured cases
Ben is experienced in bringing and defending claims against insurance brokers, which draws on his knowledge of both general insurance work and regulatory requirements. He has particular experience in respect of claims relating to:
Ben acted for the successful claimant in the recent High Court claim: Infinity Reliance Limited (trading as My 1st Years) v Heath Crawford Limited [2023] EWHC 3022 (Comm). The judge described Ben’s cross-examination as leaving the defendant witness appearing “punch drunk” due to the extent of concessions Ben extracted. Damages of £2.3m were awarded
Ben has acted in numerous claims against both solicitors and barristers. He has particular experience in respect of:
Featured cases
Ben has particular experience of acting and advising in disputes concerning surveys and/or valuations, including in respect of alleged overvaluations of several million pounds.
“Provides clear, concise advice.”– Legal 500
“An emotionally intelligent advocate who can adapt his style when necessary.” – Legal 500
Ben enjoys advising and advocating in respect of sports disputes. He acts for governing bodies, clubs and players/athletes. His experience includes the whole range of sports issues:
Ben accepts sports instructions on a Public Access basis, in appropriate cases.
Featured Sports cases
“Ben is a good junior to work with. He is very responsive and gets into the paperwork – an upcoming star.” – Chambers & Partners
“Intelligent, good drafting and frank advice. Costs is a speciality.” – Legal 500
“Diligent and thorough in the work undertaken and was approachable in his manner.” – Legal 500
“Extremely effective on his feet and robust in shepherding the opponent’s submissions.” – Legal 500
“A good advocate, and a rising star.” – Legal 500
Ben’s practice includes consideration of a wide range of issues concerning costs. He is ranked as a “Leading junior” in the Legal 500 in respect of costs.
He has acted or advised in respect of assessments, applications and appeals concerning a range of topics including the following:
Featured Costs and Litigation Funding cases
Ben has a strong interest in financial services work.
Having undertaken a secondment at the Financial Services Authority (now the Financial Conduct Authority), Ben has detailed knowledge of relevant regulatory law and practice.
He has advised on a wide range of issues involving financial service regulation, including:
See further his experience above in respect of claims against financial services professionals.
Ben enjoys disciplinary and regulatory work. His experience includes:
Ben accepts instructions in any domestic or international commercial disputes which are being determined by way of arbitration. His experience includes advising or assisting in respect of:
For relevant experience, please also Commercial Dispute Resolution above.
Ben has acted in numerous chancery matters, involving the law of: real property, mortgages, trusts, companies and insolvency. He has particular experience of:
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As an undergraduate, Ben read Politics, Philosophy and Economics at Oxford, obtaining a First Class degree. He went on to receive his legal training at City University, achieving a Distinction in his GDL and being graded Very Competent in his BVC. A member of Middle Temple, Ben was awarded a Diplock Scholarship by that Inn.
Education – M.A. (Oxon), Dip. Law (City).
Languages – French (basic), Russian (very basic)
Memberships – COMBAR, PNBA, LCLCBA, ARDL
We are pleased to announce the release of our latest podcast episode,…
Overview Many of the significant professional liability cases in 2023 dealt…
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