Year of Call: 2002

Profile

With a First in Chemistry from Oxford, Ben completed the Diploma in Law at City University in 2001, coming top of his year. He was a Major and then a Princess Royal Scholar of the Inner Temple and, at Bar School, won the Barstow Prize Scholarship. Ben joined Maitland in October 2003 after completing twelve months of pupillage there.

Ben specialises in commercial and Chancery litigation and arbitration. His practice encompasses contractual disputes (including large scale international litigation), civil fraud and asset tracing, conflicts of laws, property disputes (landlord and tenant and real property), personal and corporate insolvency, trusts, fiduciaries, and company and partnership matters. Ben has wide advocacy experience having appeared unled in tribunals from the County Court to the Court of Appeal and is regularly instructed in large scale commercial litigation (including the challenging of arbitration awards, international debt recovery and obtaining and resisting freezing injunctions). Ben has acted in several high profile and substantial fraud cases and also has considerable experience of acting both for and against Sovereign states.

He is recommended in the Legal 500 (as one of only a handful of juniors under 10 years call) for commercial litigation and as a leading junior in civil fraud. He is recommended in Chambers UK as a leading junior in real estate litigation.

Ben is presently acting for the Republic of Argentina in the Court of Appeal and the Commercial Court in relation to claims being brought against the Republic worth hundreds of millions of dollars. Other recent substantial matters include  acting as lead junior for the successful claimant in the high profile Commercial Court action brought by Donegal International Limited against the Republic of Zambia (which raised issues of sovereign immunity and jurisdiction, illegality, public policy and questions in relation to freezing relief against sovereign states); representing the successful defendant in a substantial action in the Chancery Division and the Court of Appeal relating to the rights to develop a billion euro wind farm off the Friesian coast; acting for some of the defendants in Cadogan Petroleum’s claim (presently before the Chancery Division) arising out of alleged bribery in relation to the procurement of valuable gas plant supply contracts; representing the claimant bank in an action relating to frauds in the supply of tickets for the Beijing Olympic Games and advising in relation to easement and covenant issues crucial to the unlocking of a huge new town development.

Notable Cases

NML Capital Limited v Republic of Argentina [2009] QB 579: a $300m claim, now in the Court of Appeal, to enforce a judgment of the New York courts against Argentina in the UK courts raising novel issues relating to sovereign immunity in relation to the enforcement of foreign judgments

Cadogan Petroleum Plc v Tolley and others: a large scale fraud claim relating, inter alia, to the allegedly fraudulent procurement of gas plant contracts for gas exploitation in Ukraine

A v B: a heavy application to the English court for urgent interlocutory relief in aid of multi million euro proceedings in Switzerland

Wirecard Bank v Scott and others: a high profile fraud case relating to alleged ticket supply frauds in connection with the 2008 Beijing Olympic Games

North Principal Investments Fund Ltd v Greenoak Renewable Energy Ltd: a multi-million euro dispute over rights to own and develop a wind farm off the German/Danish coast

Newspace Developments Limited v Hoque: a dispute relating to the development of very valuable land in Bow, London

Donegal International Ltd v Republic of Zambia [2007] EWHC 197 (Comm), [2007] All ER (D) 184: high profile Commercial Court action involving extensive jurisdictional disputes and questions as to freezing relief against sovereign states

Riyad Bank v Ahli United Bank (UK) plc: multi-million pound Commercial Court claim involving disputed issues of complex expert evidence

Walker International Holdings Ltd v Republique Populaire du Congo and others [2005] EWHC 2813 (Comm), LTL 16/12/2005: one of a number of recent high profile decisions of the Commercial Court in actions brought by Congo’s creditors involving piercing sham and fraudulent corporate structures culminating in a three week trial.

Imaan Incorporated v Durbar: a claim brought by a BVI company in relation to valuable real property

A v B: a three week arbitration in relation to a partnership dispute involving a major firm and novel points of partnership law

JSC Zestafoni G Nikoladze Ferralloy Plant v Ronly Holdings Ltd [2004] EWHC 245 (Comm), [2004] 2 Lloyd’s Rep 335: an arbitration claim in the Commercial Court challenging an Award (relating to contracts for supply and manufacture of ferroalloys at a plant in Georgia) under ss. 67 and 69 of the Arbitration Act 1996

Memberships
COMBAR
Chancery Bar Association.

Qualifications
MChem (Oxon)

Chambers UK
Real Estate Litigation: "One to watch for the future"; clients favour him as he is "hands-on when you need assistance" (2009); “..continues to build on his profile in this arena” (2010)

Legal 500 2009
Commercial Litigation; Civil Fraud

Legal 500 2008
Civil Fraud