Ben joined JMW’s Commercial Litigation department as a Partner in May 2024, following 12 years in DWF’s dispute resolution team.
Ben’s practise is focused on his clients' goals and objectives in complex, high value litigation, specialising in:
- Corporate/Commercial dispute resolution (including High Court, arbitration and mediation)
- Director, Shareholder and Partnership disputes
- Contractual claims / Debt recovery
- Professional Negligence
- Fraud and insolvency
- Injunctive/urgent relief
- Insurance
In his spare time, Ben is a CrossFit enthusiast and enjoys competing in the sport.
Examples of Ben's work
Corporate/Commercial dispute resolution
- Advising and acting in High Court disputes (£000Ks to £ms) arising from M&A deals and SPA transactions in respect of deferred consideration, and breach of contractual warranties and indemnities.
- Representing Claimants in a High Court action relating to breaches of a Joint Venture Agreement (JVA) and aborted Initial Public Offering (IPO) of a business that had been estimated to be worth $150m, including satellite issues in respect of security for costs and ATE insurance.
Director, Shareholder and Partnership disputes
- Regularly instructed in shareholder disputes ranging in value (£100k to >£50m), including highly complex unfair prejudice petitions and valuation exercises.
- Advising directors and C-suite clients in respect of potential claims including relating to director’s duties, executive remuneration packages, non-executive roles, unlawful actions of other directors (including misappropriation of funds, unauthorised share transfer) and obtaining successful interim applications for relief.
Contractual / Debt recovery
- Acted for a multinational manufacturer in the construction, agriculture, waste handling and demolition sectors. Pursuing Technology and Construction Court (“TCC”) claim for losses (>£10m) against a parts supplier relating to warranty claims arising from parts alleged to be defective. Settled before trial.
- Acted for Claimant (international energy supplier) relating to supplier negligence/breach of contract which had caused £ms in lost profits and business interruption claims in the TCC. Settled prior to trial.
- Acted for national telecommunications company in multiple claims relating to business interruption claims in the TCC (arising from defective repairs to hardware), international call traffic services and large-scale data bundle sales.
- Defending supermarket in respect of High Court claim by former haulier relating to breach of contract and loss of profits (>£2m).
Professional Negligence
- Advising clients in respect of claims against professional service providers including solicitors and accountants for negligence.
- Successfully represented Claimant against former solicitors on negligent drafting of a Share Purchase Agreement securing damages at trial (>£3.5m).
- High Court action for client against former barrister relating to failure to give full and frank disclosure in respect of interim freezing injunction (>£4m). Settled prior to trial.
Fraud and Insolvency
- Unlawful means conspiracy - acting both in successfully defending Director in c£17m claim arising from breach of contract in the telecommunications industry and pursuing a £multimillion claim on behalf of Claimants in the Commercial Courts.
- Acting regularly on behalf of banks and lending institutions in respect of alleged mortgage and lender frauds and other disputes adversely affecting security over property (including HM Land Registry indemnification fund compensation claims).
- Represented the Insolvency Service in actions for the disqualification of directors (including an MTIC fraud High Court trial), public interest winding up (2-week trial relating to multi-million pound miss-selling claim) and Bankruptcy Restriction orders.
Injunctive/urgent relief
- Obtaining undertakings on an urgent basis from a shareholder seeking to divest shares contrary to the client's investment agreement.
- Acting for numerous clients in respect of existing or former employees re breach of restrictive covenants and the theft of confidential information.
- Obtaining urgent relief on behalf of a PLC in respect of injunctive orders obtained personally against the company's executive director board members.
Insurance
- Acting for and advising insurers in respect of policy coverage issues (including compliance with underwriting criteria) and managing claims portfolios.
- Pursuing claims against insurers pursuant to the Third Parties (Rights against Insurers) Act 2010.