The Legal 500

Position

Commercial: insurance and reinsurance, professional indemnity, telecommunications and general commercial. Insurance/reinsurance: experience in all forms of insurance/reinsurance claims, for example, issues of coverage, aggregation, commutation, jurisdiction, service, limitation, foreign law and contractual construction. Significant experience (including advocacy experience) in the Commercial Court, arbitration and mediation. Recent cases include: TAG litigation (confidential) (2011); high-value insurance archaeology matter (2010-11) (confidential); -- Limited v -- Solicitors (2009-11): very high-value solicitors’ negligence aggregation claim, acting for insurer, led by Derrick Dale QC and Colin Edelman QC (confidential); Flexsys American LP v XL Insurance Company Ltd [2010] Lloyd’s Rep IR 132: high-value insurance claim (acting for insured claimant), involving a ‘drop-down clause’, led by Colin Wynter QC; ERC Frankona v American National [2006] Lloyd Rep IR 157: Smith J – reinsurance, avoidance and knowledge of agent under Marine Insurance Act, led by Colin Wynter QC; Chaucer Non-Marine Syndicate 1096 & ors v A v Oyak Sigorta AS [2006] Lloyd’s Rep IR Plus 29: Aikens J – worked with Andrew Burns – reinsurance, acting for claimant reinsurer, breach of conditions precedent and claims control clause issues. Professional indemnity: forms a very large part of Ben’s practice, particularly specialises in solicitors’ negligence cases although has extensive experience in architects’, builders’, brokers’, surveyors’ and financial advisers’ negligence. Experience working with large City firms and with claims handlers directly. Recent cases include: £multi-million solicitors’ negligence claims (2011); £2m insurance broker claim (2011); £1.2m insurance broker claim (2010); Nouri v Marvi & ors [2010] 50 EG 64: (Court of Appeal) successfully struck out (on limitation grounds) a solicitors’ negligence claim, arising out of conveyancing, acting for Defendant solicitors, involved (1) Sephton issues and (2) continuing duty issues; barrister’s negligence claim [2009] (led by George Bompas QC); Nwaogbe v CWU [2008]; The Welsh Rugby Union Ltd v -- (A Firm) (led by Colin Edelman QC); Mr Hossain & ors v -- QC & ors: barrister’s negligence claim (led by Andrew Burns). Telecommunications and general commercial law: particular emphasis on competition law, Competition Appeal Tribunal (CAT) cases, very high value commercial contractual disputes, restitution, construction, as well as experience in insolvency and debt recovery: BT v Ofcom “PPC” case: [2011] CAT 5 (Marcus Smith QC sitting as Chairman), led by Graham Read QC and Christopher Vajda QC; Telecommunications case [2009-2010]: (settled) up to £90m claim (confidential), led by Graham Read QC.

Career

Called 2001; Middle Temple. Recent publications: ‘MacGillivray on Insurance Law’ (11th edition, 2nd supplement); ‘Discriminate without prejudice’ (2004) 154 NLJ 1038; ‘Pleading Fraud: the Insurer’s Alternative’ (2004) 154 NLJ 502 (with Andrew Burns); ‘What will happen to the QC Clause in Insurance Contracts if the rank of QC is abolished’ ‘Corporate Counsel Magazine’ 2003.

Languages

Working French.

Member

COMBAR; PNBA; Bar Pro Bono Unit; London Common Law and Commercial Bar Association (committee member); Lawyers Fishing Club (committee member).

Education

King’s College School, Wimbledon; Balliol College, Oxford (BA Hons Law, Top First in college, Paton Scholar); Inns of Court School of Law (‘Very Competent’); Columbia Law School (LLM, Stone Scholar).

Leisure

Fly fishing, running/any sport, modern art, opera, family.

Practice Areas

Litigation - insurance/reinsurance; Professional negligence; Telecommunications