Benjamin Fowler has a broad commercial practice with a particular focus on construction and engineering, professional liability and costs.
Ranked as a Leading Junior in the Legal 500 for Professional Negligence, Benjamin has been described as:
“…hugely talented with a sharp eye for detail. His advocacy is cogent and eloquent.” – Legal 500
“Extremely hardworking and astute. He is very collected, and will advise when a case is weak and needs to be strengthened, as well as when a more aggressive and expansive approach is required. These qualities are unusual for someone of his call.” – Legal 500
“Technically gifted both in writing and orally.” – Legal 500
Benjamin is an experienced junior advocate with significant experience in litigation, arbitration and adjudication. He has appeared in the Court of Appeal and High Court (led and as sole counsel) as well as the SCCO and County Court on a wide variety of matters encompassing general commercial litigation, construction, professional negligence, professional disciplinary and regulatory, insurance and costs. He has substantial advocacy experience as sole counsel in numerous trials and appeals.
Benjamin has a significant construction practice, encompassing TCC litigation, arbitration and adjudication. Examples of Benjamin’s work include:
Benjamin has considerable experience of professional liability disputes, in particular claims against solicitors and construction professionals (including disciplinary and regulatory matters).
Benjamin has a growing costs practice, and regularly appears in the SCCO and County Courts on detailed assessment proceedings and related hearings. Recent work includes:
In other matters, outside of the above specialist areas, Benjamin deals with a wide range of commercial disputes across a variety of industry sectors, including insurance, insolvency, company and partnership disputes, directors’ duties, fraud, conspiracy and breach of confidence. He is regularly instructed as sole counsel in multi-day trials and has extensive experience of freezing injunctions, security for costs and other such applications. Benjamin acted for the successful claimant in Arora v Moshiri  EWHC 2230 (Ch) (10 August 2021), a commercial claim involving issues of real property and partnership.
Benjamin has given many talks over the last two years on the disclosure scheme and regularly advises on issues arising from Practice Direction 57AD.
Commercial litigation is at the heart of Benjamin’s practice. He deals with a wide range of commercial disputes across a variety of industry sectors addressing issues such as contractual disputes, negligence claims, breach of fiduciary and directors’ duty, breach of trust (including accessory liability), banking disputes, shareholder disputes, breach of confidence and misuse of private information. He has experience of advising on jurisdictional matters and conflicts of laws, which in turn formed a significant part of his academic legal studies.
Benjamin also has experience of pre-action and interim applications including freezing injunctions and security for costs.
Featured Commercial cases
Construction comprises a significant proportion of Benjamin’s practice, acting and advising for employers, contractors and sub-contractors in disputes in the High Court (in particular the Technology and Construction Court) and the County Court as well as adjudication and arbitration. He has been instructed in relation to several high-profile construction and engineering projects in the UK, including cladding claims, motorways, nuclear-implicated and marine installations and commercial and residential property.
Benjamin has acted on claims for and against construction professionals, including architects, structural engineers, concrete suppliers 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 has extensive experience of adjudication and adjudication enforcement proceedings, including disputes as to jurisdiction.
In addition to acting as a junior on high value disputes, a significant proportion of Benjamin’s construction practice has been as sole counsel. He regularly acts for both employers and contractors and is comfortable appearing before any tribunal whether led or not.
Featured Construction & Engineering cases
“Benjamin is hugely talented with a sharp eye for detail. He advocacy is cogent and eloquent.” –Legal 500
“Extremely hardworking and astute. He is very collected, and will advise when a case is weak and needs to be strengthened, as well as when a more aggressive and expansive approach is required. These qualities are unusual for someone of his call.” – Legal 500, 2021
Benjamin has experience in all aspects of professional liability and regularly advises and acts on behalf of both claimants and defendants in claims against lawyers, construction professionals (including architects and structural engineers), surveyors and valuers, insurance brokers, accountants and financial professionals. In lawyers’ claims, Benjamin has experience of cases including conveyancing, lost litigation, underlying family proceedings, probate, mortgage lending, corporate transactions and tax advice. Benjamin has also acted for defendant solicitors and planning consultants in a claim arising from a lost chance to obtain planning permission and appeal an enforcement notice and refusal of planning permission.
Featured Professional Liability cases
Benjamin has extensive experience of arbitration, in particular large-scale construction arbitration. Most recently, he has acted (led by Roger Stewart QC and Neil Hext QC) in an ICC arbitration in relation to a petrochemical plant in Saudi Arabia.
Benjamin has a busy practice in costs work. He has been instructed on a variety of costs matters, which include the following:
Benjamin has extensive experience of dealing with costs management in both the County Court and High Court.
Benjamin’s commercial and property practice regularly involves consideration of issues of a chancery nature such as breach of directors’ duties, breach of fiduciary duties, breach of trust and proprietary remedies. Benjamin has significant experience of trusts of land, including claims under the Trusts of Land and Trustees Act 1996.
Benjamin has experience of and has given talks on issues of will preparation, probate and administration in a professional liability context, including claims from disappointed beneficiaries.
Benjamin regularly advises and acts for high street banks and other lenders in various aspects of mortgage law, appearing in the Court of Appeal, High Court and County Court. Benjamin regularly deals with complex possession matters and rectification (including subrogation claims and vesting orders).
Benjamin acts for and advises private individuals, corporate bodies and insolvency practitioners on bankruptcy and corporate insolvency. His recent work includes disputed bankruptcy petitions and advising a trustee in bankruptcy on costs recovery.
Benjamin was sole counsel in Access Flooring Services (Special Works) Limited v Pither & Or  EWHC 1243 (Ch), an application under ss. 212, 238 and 239 of the Insolvency Act 1986.
Successfully resisting winding-up petitions brought against an LLP and limited company in the context of a derivative claim brought by a partner/director.
In line with Chambers’ expertise, Benjamin’s practice encompasses insurance work, particularly in the context of professional indemnity insurance. He has experience of a wide range of coverage issues and often advises on matters of policy construction.
Benjamin has experience of property damage claims, particularly in the context of insurance.
He has dealt with claims arising from flood, fire, and subsidence (including tree root removal).
Benjamin acted for a leading international manufacturer of engineered metal components, in a claim against a manufacturer of plant which exploded in their premises causing extensive damage. He acted for a distributer of dehumidifier units alleged to have caused fire damage in a claim under the Consumer Protection Act 1987. He has recently acted and advised in claims concerning biodigestive heaters (under the renewable heat incentive scheme) and defective boilers.
Benjamin accepts instructions in relation to Regulatory and Disciplinary matters. His experience of these – in particular, solicitors’ disciplinary matters – has mostly arisen in the context of claims against professionals, but he is developing a practice in Regulatory and Disciplinary work as well. He has recently given talks and written articles on the role of dishonesty and lack of integrity following the decisions in Ivey and Wingate.
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“In short, what has become known as the Arkin cap is, in…
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