Mr Ben Waistell > Chambers of Elspeth Talbot Rice KC > London, England > Barrister Profile
XXIV Old Buildings Offices
XXIV Old Buildings
24 OLD BUILDINGS, LINCOLN'S INN
LONDON
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Mr Ben Waistell
Position
Ben is an experienced commercial and chancery junior with particular experience in civil fraud and asset recovery exercises, commercial litigation (including aviation, telecoms, international sale of goods, and energy), shareholder and partnership disputes, international arbitration, and financial services. In recent years Ben has also developed a strong media practice in music, entertainment, and related IP disputes.
A large proportion of Ben’s work has an international or offshore element, and he has a particular interest in the conflict of laws and enforcement issues these raise. Notably he acted in Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2023] CA (Bda) 13 Civ (led by Lord Falconer KC, Steven Thompson KC, and Sebastian Isaac KC), a leading common law authority addressing the applicable law for misrepresentation claims and various aspects of the doctrine of renvoi. He has been instructed to advise and/or act in relation to the DIFC, the Astana International Financial Centre, the Abu Dhabi Global Markets Court, Bermuda, Cayman, Jersey, Guernsey, BVI, the Singapore International Commercial Court, and LCIA, DIFC, LMAA, ICC, ICSID, and ad hoc arbitrations.
Ben is a robust advocate who relishes trials and heavy interlocutory applications, both led and unled. He is regularly instructed against far more senior opponents. Ben has repeatedly succeeded in crafting and obtaining unusual or ambitious relief, where required by the client. This has included unusual orders for interim declarations of beneficial ownership, an order for immediate repayment of the fruits of a fraud on an interim injunction application, bespoke injunctive relief in relation to social and digital assets, and the recent obtaining of summary judgment on the issues in a US$3.8m unjust enrichment claim where a set-off was found to be the only viable defence. Adept at suiting his advocacy style to the situation and the tribunal, Ben is known for fearlessly representing his clients’ interests and presenting bold submissions as straightforward solutions.
Career
Call: 2015
Memberships
- Executive committee of the Financial Services Lawyers Association (FSLA)
- Crypto Fraud and Asset Recovery network (CFAAR)
- COMBAR
- ChBA
- Young ICCA
- Young Fraud Lawyers Association (YFLA)
Education
- BA, Philosophy and Politics (First Class) – Durham University
- GDL and BPTC – City University
- LLM, International Commercial Law (Distinction) – University College London
- The Peter Taylor Scholarship
- Maitland Advocacy Prize
- Major Exhibition (Inner Temple)
- Clifford Chance Palatinate Shield
Lawyer Rankings
London Bar > Commercial litigation
(Leading Juniors)Ranked: Tier 5Ben Waistell – XXIV Old Buildings ‘Ben’s advocacy is well-prepared, thoroughly researched, well-delivered, and measured. His written work is also excellent, including both pleadings and skeleton arguments.’
London Bar > Fraud: civil
(Leading Juniors)Ranked: Tier 4Ben Waistell – XXIV Old Buildings ‘A junior with a robust and sensible style.’
With an ‘excellent stable of civil fraud barristers’, XXIV Old Buildings offers representation on a variety of civil fraud claims, including asset tracing, misappropriation of funds, and the worldwide enforcement of awards. The set is particularly recognised for its expertise in offshore litigation. Stephen Moverley Smith KC, Steven Thompson KC and Ben Waistell acted for the defendant life insurance company in Ivanishvili v Credit Suisse Life (Bermuda), a claim by the former Prime Minister of Georgia concerning the allegedly fraudulent actions of a rogue employee. Stuart Adair is appearing in McCarthy v Marshall, where the claimant alleges that the defendant fraudulently breached fiduciary duties by misappropriating and misapplying company assets, leading to the subsequent liquidation of their meat trading and importation business Emerald Meats (London) Limited. In Public Institution for Social Security v Al Rajaan, a case involving claims of over $800m alleging bribery and money laundering by the former director general and various international banks, Francis Tregear KC represents Banque Mirabaud SA.