Counterfactuals, concealment and contributory negligence: what the latest instalment in the Primeo litigation has to tell us about loss and limitation
On 15 November 2023, the Judicial Committee of the Privy Council (“the…
legal 500
“Benjamin is hugely talented with a sharp eye for detail. His advocacy is cogent and eloquent.”
Benjamin is an experienced advocate, frequently appearing as sole counsel in trials and disciplinary tribunals, as well as at appellate level including the Court of Appeal. He also has substantial experience as a led junior, often in cases which involve highly technical and complex issues spanning a wide range of underlying contexts and professional disciplines. His commercial practice is complemented by his significant experience in costs work, as well as regulatory and disciplinary work.
Benjamin was nominated for Construction Junior of the Year at the Legal 500 Bar Awards 2024. He is recommended as a leading practitioner for Professional Negligence and Construction and is described as “hugely talented with a sharp eye for detail” and “a delight to work with”.
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Benjamin has been recommended for several years as a leading junior in professional negligence, described as “very bright and technically gifted” and “extremely thorough in his work, and is very user friendly and commercial with his advice, cutting through the most difficult points on a case to get to the crux. He is a stand-out amongst his peers”.
Benjamin’s professional liability practice covers a wide range of professions including construction professionals, lawyers, insurance brokers, surveyors, valuers, accountants and financial advisers.
In the construction field, Benjamin regularly deals with claims against architects, engineers, and surveyors. He has a strong practice in the Technology & Construction Court as well as in arbitration and adjudication; he is regularly called upon to deal with highly complex and technical issues in design, construction and engineering.
In lawyers’ claims, Benjamin has acted in a wide variety of claims involving lost litigation, transactional/corporate advice, tax, matrimonial/ancillary relief (including pension sharing), and property and conveyancing.
Benjamin is ranked as a leading junior in Construction by Legal 500 and is described as “a very reliable, very capable lawyer who is a genuine pleasure to work alongside. He quickly understands the detail and can see the issues. His written advises are clear and succinct, his advocacy is well-received by the bench and he is genuinely an all round delight to instruct.”
Construction comprises a significant proportion of Benjamin’s practice, acting for and advising employers, contractors, subcontractors and insurers in disputes in the TCC and in adjudication and arbitration. He has been instructed on disputes relating to high-profile construction and engineering projects in the UK, including cladding claims, motorways, nuclear facilities and marine installations as well as commercial and residential properties.
Benjamin has acted on claims for and against construction professionals, including architects, structural and civil engineers, independent testers, approved inspectors, cladding consultants, fire engineers, surveyors and interior designers involving standard form and bespoke contracts. He has experience of the major forms of construction and engineering contracts, including JCT and NEC3. He has experience of litigation and arbitration where the underlying issues include mechanical and electrical engineering, civil and marine engineering, concrete, subsidence, traffic flow modelling, public procurement and nuclear safety and engineering.
Benjamin was shortlisted for Construction & Energy Junior of the Year 2024 by Legal 500.
Benjamin has a broad commercial practice with a particular focus on commercial disputes with property, insolvency and company law elements. He acts for companies, directors, shareholders, professionals, banks and insurers across a wide range of industry sectors.
He has experience of issues including general commercial disputes, breach of trust and accessory liability, breach of fiduciary duty and directors’ duties, civil fraud, breach of warranty, banking disputes, shareholder disputes, breach of confidence and misuse of information.
He also has experience of a wide variety of interim applications including freezing injunctions, jurisdiction challenges, security for costs and third party disclosure orders.
Benjamin has extensive experience of arbitration, in particular large-scale construction arbitration.
Benjamin has a significant regulatory and disciplinary practice acting in particular for architects and surveyors before their respective professional disciplinary tribunals. He has appeared frequently in ARB and RIBA disciplinary proceedings, dealing with charges of dishonesty and lack of integrity as well as allegations of unacceptable professional conduct and serious professional incompetence.
Benjamin’s property damage work involves damage to domestic and commercial properties arising from flood, fire, and subsidence. Much of Benjamin’s construction practice is involved with fire claims and cladding and other defect claims. He is regularly instructed to defend liability claims or act in subrogated recovery actions.
Benjamin has dealt with many product liability claims including recovery actions arising out of flooding and fire damage involving construction products, industrial and electrical equipment and household goods. He is frequently instructed on subrogated claims against manufacturers and suppliers of defective products.
Allied to his construction practice, Benjamin is comfortable dealing with highly technical evidence and enjoys working with experts in wide-ranging disciplines.
Benjamin has a busy costs practice; he regularly appears in the SCCO on detailed assessments and related hearings, as well as advising on a wide range of costs related issues. He has significant experience in multi-party, reciprocal and issue-based costs orders and solicitor-client assessments. He also advises on Part 36 and issues arising from cost budgeting.
Benjamin has experience in a wide range of insurance and reinsurance disputes acting for insurers and policy holders, with a particular focus on professional indemnity insurance.
He has dealt with coverage disputes (including allegations of fraud and dishonesty and avoidance for non-disclosure, misrepresentation and breach of notification provisions), claims under the Third Parties (Rights Against Insurers) 2010 Act, and issues of interpretation of policy wording.
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Before coming to the Bar, Benjamin ran his own travel company, led tours and lectured on art history in Italy and around Europe.
Benjamin holds a BA in Art History with First Class Honours from Peterhouse, Cambridge. He received a distinction on the GDL at City University, winning the Maitland Advocacy Prize, and a distinction on the BCL at St Catherine’s College, Oxford, winning the prize for Advanced Property and Trusts. Benjamin was called to the Bar by Lincoln’s Inn where he was awarded Hardwicke, Lord Bowen and Lord Denning Scholarships.
Benjamin is a member of IBA, COMBAR, TECBAR, SCL and PNBA.
On 15 November 2023, the Judicial Committee of the Privy Council (“the…
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