Ben Waistell
Ben Waistell

Ben Waistell

Call: 2015

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.

Judges have repeatedly complimented Ben on his “excellent” and first rate” skeleton arguments and oral submissions.  Clients have reported that his handling of the case was just excellent”, praised him on his outstanding” written work, and thanked him for going above and beyond” for them. Silks describe his written work as excellent” and highly impressive”, praising him as a “brilliant” junior who works like a Trojan”.

In addition to being led on high profile litigation, he is currently instructed as sole counsel on various 7-figure matters including a USD 6m energy and shipping dispute, an LCIA arbitration concerning ownership of a multi-million-dollar international mining group, a USD 2m claim for breach of fiduciary duty against an experienced corporate director, and by 31 claimants on a claim in respect of an alleged financial products mis-selling scheme.

Highlights of his recent work include:

  • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2023] CA (Bda) 13 Civ and [2020] SC (Bda) 11 Civ (appeal to the Privy Council pending) currently acting on a nine-figure dispute arising out of financial frauds connected to a Bermudian insurance wrapper structure, which has raised issues including the proper scope of implied representations and various conflict of laws issues (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC, Sarah Bayliss and Tamara Kagan).
  • Rubikon v Jetfly (ongoing)– sole counsel in this ongoing USD 6m energy and shipping dispute, obtaining summary judgment on the issues in an unjust enrichment claim.
  • Various Claimants v Options UK Personal Pensions LLP (ongoing) – sole counsel for the 31 claimants in a circuit commercial court claim arising out of alleged mis-selling of financial products and services.
  • Re iOra Software Limited (ongoing) – Rubikon v Jetfly (ongoing)– sole counsel in this ongoing USD 6m energy and shipping dispute, obtaining summary judgment on the issues in a USD 3.8m unjust enrichment claim (appeal dismissed by the Court of Appeal).
  • Re Bad Boy Chiller Crew – obtaining injunctive relief against and pursuing a former manager for alleged misappropriation of the bassline collective’s assets (including social and digital assets).
  • BP Oil International Limited v Vega Petroleum Limited and Dover Investments Limited [2021] EWHC 1364 (Comm); [2021] LLR P 118 – acting and appearing as junior counsel (led by Edward Cumming KC) in a dispute concerning the sale and purchase of Egyptian crude oil.
  • Yousif & Anr. v Idriss & Anr. – obtaining wide-ranging injunctive relief in response to an alleged fraudulent misappropriation of assets, including an unusual order for an interim declaration as to beneficial ownership and an order for immediate repayment of certain fruits of the alleged fraud.
  • First National Trustco (UK) Limited & Anor v Page & Ors [2019] EWHC 1187 (Ch) – appearing as junior counsel (led by Elspeth Talbot Rice KC) in a two-week trial involving claims on a trustee indemnity and allegations of asset misappropriation.

Ben is a contributor to the Sweet and Maxwell title Crypto and Digital Assets Law and Regulation, is a member of the Crypto Fraud and Asset Recovery network (CFAAR) and is a member of the executive committee of the Financial Services Lawyers Association (FSLA).

 

Areas of experience

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  • Art, Cultural Property & Media

    Ben is regularly instructed to act for and against bands and other musical artists, managers, record companies, media groups, and talent agencies. His media expertise includes IP issues (in particular copyright, performers’ rights, goodwill, and passing off), protection of social and digital assets, management and agent disputes, issues with the structuring of trading entities and assets, and general commercial disputes in the media sector. Ben is a contributor to the Sweet and Maxwell title Crypto and Digital Assets Law and Regulation.

    • Advising on alleged breaches of financing agreements for a Hollywood film, including advice on obtaining anti-suit injunctions against Californian proceedings and enforcing security of assets including the master tape (led by Robert Levy KC).
    • Smith v Dryden & Ors. – a copyright dispute in relation to alleged copying in a No.1 song.
    • Re Bullet for My Valentine – a wide-ranging dispute arising out of the partial break-up of the heavy metal band.
    • Re Bad Boy Chiller Crew – obtaining injunctive relief against and pursuing a former manager for alleged misappropriation of the bassline collective’s assets (including social and digital assets).
    • ATL Entertainment Ltd v Miss La Familiaobtaining judgment on a management dispute and a claim for outstanding commissions arising out of the artist’s signing of an exclusive recording agreement.
    • Lloyd v Kruger [2018] EWHC 2011 (Comm) – a dispute arising out of the sale of a media company, involving allegations of fraudulent misrepresentation as to the company’s assets, including its ownership of relevant IP and masters (led by Sarah Bayliss).
    • Acting and advising on a claim for rescission, procuring a breach of contract, and debt in relation to a media talent management agreement regarding a well-known DJ (led by Sarah Bayliss).
    • Various music disputes including: various other IP issues (in particular copyright, goodwill, and performers’ rights), management, agency and general disputes in relation to bands and rap artists.
    • Advising a national media group in relation to a dispute with its distributor of national newspapers.
    • Advising on the construction of a consignment agreement regarding a multi-million pound painting (led by Edward Cumming KC).
    • Various matters and pieces of advice in relation to allegedly misappropriated documents or information, concerning privacy, confidentiality, copyright, and database rights. In particular, Sinel v Hennessy [2018] JCA 095; [2018] JRC 007 (led by Edward Cumming KC), an important decision in a private client matter regarding the law of Jersey on these issues.
  • Aviation

    Ben’s aviation practice sits alongside his broad international commercial disputes and arbitration practice. He has been instructed to act or advise in proceedings relating to maintenance disputes, financial and leasing disputes, detention rights, and has substantial experience of various carriage by air claims. See also the article “Turbulence in the aviation sector” on the impact of COVID on aviation to which Ben contributed [April 2020].

    • LCIA Arbitration –acting in relation to an 8-figure aviation maintenance dispute (led by Edward Cumming KC).
    • Advising (unled) on a potential claim relating to allegedly defective aircraft parts.
    • Advice in relation to detention rights under s. 88 Civil Aviation Act 1982.
    • Assisting on a multi-million pound claim for debt and liquidated damages under a wet lease.
    • Acting on various claims for compensation under EU Regulation 261/2004
    • Advising on the Montreal Convention in respect of the limitation of consumer claims
  • Banking and Financial Services

    Ben is regularly instructed both for and against financial institutions in a range of matters including financial instruments and contracts (including swaps, hedging products, letters of credit, buyer’s credits, SIPs, guarantees, various forms of credit agreements), investment and other financial fraud, contentious financial regulatory disputes, advising on financial regulation, and general commercial disputes in the banking and finance sector. Ben is a member of the executive committee of the Financial Services Lawyers Association (FSLA).

    • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2023] CA (Bda) 13 Civ and [2020] SC (Bda) 11 Civacting on a nine-figure dispute arising out of financial frauds connected to an insurance wrapper structure, which has raised issues including the proper scope of implied representations and various conflict of laws issues (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC, Sarah Bayliss and Tamara Kagan).
    • Various Claimants v Options UK Personal Pensions LLP – sole counsel for 31 claimants in a circuit commercial court claim arising out of alleged mis-selling of financial products and services. Includes claims for breach of various regulatory duties and for compensation for breach of the general prohibition under s.19 FSMA.
    • IDBI Bank Limited v (1) Amira C Foods International DMCC (2) A K Global Business Fze and Mr Karan A Chanana [2019] DIFC CA 014 acting in a dispute concerning buyer’s credits, letters of credit, and a claim for damages to credit reputation (led by Tom Montagu Smith KC).
    • Advising in relation to claims for breach of trust and dishonest assistance against a number of financial institutions (led by Edward Cumming KC).
    • Advising on alleged breaches of financing agreements for a Hollywood film, including advice on obtaining anti-suit injunctions and enforcing security of assets including the master tape(led by Robert Levy KC).
    • Assisted in a large fraud claim alleging diversion of profits from a bank through a complex series of artificial loans (Nathan Pillow KC and David Davies KC).
    • Advising on the impact of ss. 26-28 FSMA on dispute resolution clauses in a relevant contract (led by Oliver Assersohn).
    • Advising on Consumer Credit Act 1974 issues arising in relation to settlements and agreements to give time to pay (led by Oliver Assersohn).
    • Advising on DIFC financial regulations and potential breaches of authority in carrying on certain financial services (led by Michael Black KC).
    • Advising on a potential claim for breaches of mortgage regulations. Various pieces of advice in relation to guarantees and indemnities, both for and against financial institutions.
    • Obtaining summary judgment on various guarantees and indemnities.
    • Drafting a reply and defence to counterclaim in relation to interest rate hedging product miss-selling litigation.
  • Civil Fraud, Asset Tracing & Recovery

    Ben particularly relishes civil fraud claims and asset recovery exercises, in relation to which he has acted and advised both claimants/applicants and defendants/respondents across the broad asset recovery toolkit of causes of action and procedural measures. He has experience advancing and defending claims relating to the relevant civil fraud causes of action including constructive trusts and equitable remedies (including tracing), deceit (including implied misrepresentations), conspiracy, conversion, applications under the Insolvency Act, and unjust enrichment. This has included freezing injunctions and proprietary injunctions, Norwich Pharmacal and Banker’s Trust orders, contempt of court issues, gagging orders, interim declarations, conversion and delivery up, and bespoke orders crafted in relation to social and digital assets.

    Ben also has an academic interest in this area, having researched the law of tracing and unjust enrichment at post-graduate level under the supervision of Professor Charles Mitchell. He has delivered both conference talks and in-house presentations on the topic and welcomes the opportunity to do so again.

    • Ad Hoc Arbitrationappearing and acting in relation to various proceedings arising out of a substantial international trust dispute. Including obtaining a worldwide freezing injunction (led by Elspeth Talbot Rice KC) and successfully making an urgent application to discharge Norwich Pharmacal relief granted ex parte (unled).
    • Yousif & Anr. V Idriss & Anr. – obtaining wide-ranging injunctive relief in response to an alleged fraudulent misappropriation of assets, including an unusual order for an interim declaration as to beneficial ownership and an order for immediate repayment of certain fruits of the alleged fraud which could not realistically be disputed.
    • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2023] CA (Bda) 13 Civ and [2020] SC (Bda) 11 Civ – acting on a nine-figure dispute arising out of financial frauds connected to an insurance wrapper structure, which has raised issues including the attribution of acts of a fraudulent agent, duties to monitor for fraud, the proper scope of implied representations in the context of deceit, the approach to damages for fraudulent investment mismanagement, and various conflict of laws issues (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC, Sarah Bayliss and Tamara Kagan).
    • Re Bad Boy Chiller Crew – obtaining injunctive relief against and pursuing a former manager for alleged fraudulent misappropriation of the bassline collective’s assets (including social and digital assets).
    • Ruan v Chen – sought judgment at CCMC on a claim for misappropriation of sums in breach of fiduciary duty, pursuant to a constructive trust or restitution for unauthorized transfers (settled at court door).
    • 5 Hertford Street Limited v Various Defendants – acting for the well-known private members club in a civil fraud claim arising out of phising emails being sent to club members to divert payments to the fraudsters.
    • First National Trustco (UK) Limited & Anor v Page & Ors [2019] EWHC 1187 (Ch) – appearing as junior counsel in a two-week trial involving claims on a trustee indemnity and allegations of asset misappropriation, constructive trusts, and knowing receipt (led by Elspeth Talbot Rice KC).
    • LCIA Arbitrationsole counsel on a claim concerning allegations of deceit and unjust enrichment, including appearance at the final hearing before a 3-member tribunal and the subsequent enforcement of the resulting award.
    • Advising as sole counsel on a complex alleged fraud perpetrated on investors in a tech company whose directors allegedly then misappropriated the assets to a new creature company, involving potential fraud claims against solicitors and professional advisers.
    • Advising on an asset recovery exercise following misappropriation of sums in alleged breach of trust.
    • Advising and assisting in relation to issues of contempt of court in a civil fraud context.
    • Advising in relation to claims for breach of trust and dishonest assistance against a number of financial institutions (led by Edward Cumming KC).
    • Assisting on strike-out and discharge applications in the context of a fraud claim for over $300 million, involving proprietary injunctions and claims for breach of fiduciary duty (led by Steven Thompson KC).
    • Assisting on an application for asset disclosure in support of a nine-figure claim before the DIFC (led by Steven Thompson KC).
    • Assisting in drafting procedural skeleton arguments and undertaking conflict of laws research in support of a fraud claim for over $400 million (Richard Millett KC, Paul McGrath KC, and David Davies KC).
    • Assisting on an application for specific disclosure in the context of a Russian law fraud claim for over $800 million (Nathan Pillow KC and David Davies KC).
    • Advising on the prospects of a counterclaim in the context of a large fraud claim. Advising on a proposed contempt application.
    • Advising on evidence and prospects of success in several VAT missing trader (MTIC) frauds.
    • Assisting in relation to a claim under s. 423 Insolvency Act 1986 to recover substantial sums dispersed by a judgment debtor at an undervalue (Edward Cumming KC).

     

  • Commercial Litigation

    Commercial litigation forms the heart of Ben’s practice, which encompasses a broad range of industry sectors and practice areas from aviation to telecoms and energy to media. Ben is regularly instructed to act or advise in relation to complex issues of contractual interpretation, and he is frequently instructed as sole counsel against far more senior opponents. He thrives in all forms of commercial work from junior briefs on heavyweight commercial litigation (in various jurisdictions and arbitrations), to heavy interlocutory skirmishes, and a stream of High Court, 7-figure unled commercial work.

     

    Banking and Finance

    • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2023] CA (Bda) 13 Civ and [2020] SC (Bda) 11 Civ Acting on a nine-figure dispute arising out of financial frauds connected to an insurance wrapper structure, which has raised issues including the proper scope of implied representations, monitoring duties for an insurance wrapper company, the role for fiduciary duties and Quistclose trusts in a sophisticated commercial contractual relationship, the correct approaches to investment losses, and various conflict of laws issues (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC, Sarah Bayliss and Tamara Kagan).
    • Various Claimants v Options UK Personal Pensions LLP – sole counsel for 31 claimants in a circuit commercial court claim arising out of alleged mis-selling of financial products and services. Includes claims for breach of various regulatory duties and for compensation for breach of the general prohibition under s.19 FSMA.
    • IDBI Bank Limited v (1) Amira C Foods International DMCC (2) A K Global Business Fze and Mr Karan A Chanana [2019] DIFC CA 014 acting in a dispute concerning buyer’s credits, letters of credit, and a claim for damages to credit reputation (led by Tom Montagu Smith KC).
    • Advising in relation to claims for breach of trust and dishonest assistance against a number of financial institutions (led by Edward Cumming KC).
    • Advising on alleged breaches of financing agreements for a Hollywood film, including advice on obtaining anti-suit injunctions and enforcing security of assets including the master tape(led by Robert Levy KC).
    • Assisted in a large fraud claim alleging diversion of profits from a bank through a complex series of artificial loans (Nathan Pillow KC and David Davies KC).
    • Various pieces of advice in relation to guarantees and indemnities, both for and against financial institutions.
    • Obtaining summary judgment on various guarantees and indemnities.
    • Drafting a reply and defence to counterclaim in relation to interest rate hedging product miss-selling.

     

    Sale of Goods

    • LCIA Arbitration – dispute arising out of a COVID-era contract for the supply and purchase of PPE, challenging jurisdiction on the basis of the construction of the arbitration agreement and relevant terms of the sale of goods contract (led by Hugh Miall).
    • Peter Black Footwear and Accessories Limited and Visage Limited v Fawaz Abdulaziz Alhokair & Co –Acting in Commercial Court proceedings arising out of an international sale of goods contract concerning fashion goods (led by Rupert Reed KC and Matthew Watson).
    • Advising on claims relating to the defective provision of substantial machinery for a vessel under an international sale of goods contract.
    • Advising (unled) on a potential claim relating to allegedly defective aircraft parts.
    • ICC Arbitration – Drafting response submissions in relation to a dispute concerning the supply of animal feed.
    • Sachdev & Anr v LGC (Global) Ltdsole counsel in a business list (ChD) claim arising out of orders for six luxury watches placed through a membership scheme with a lifestyle brand. Involved complicated issues of contractual interpretation and multiple Part 20 claims.
    • Claims arising out of an investment and collaboration agreement for the international sale of items of luxury jewellery.
    • Various business list and county court claims concerning sale of goods disputes. Including various matters requiring clear submissions and control of evidence in relation to the admissible evidence and material for construing contracts.

    (the next section also relates to sale of goods contracts and disputes)

     

    Aviation, Shipping, Energy, and Natural Resources

    • Rubikon v Jetflyinstructed as sole counsel in this a USD 6m energy and shipping dispute concerning an umbrella agreement to supply and purchase gasoline. Ben recently obtained summary judgment on the issues in a USD 3.8m unjust enrichment claim, with the Court of Appeal dismissing the appeal on the papers following Ben’s written submissions. The outstanding contractual disputes (with an alleged set off) focus on various issues of contractual interpretation and the correct approach to assessing contractual damages.
    • LCIA Arbitration –acting in relation to an 8-figure aviation maintenance dispute (led by Edward Cumming KC).
    • BP Oil International Limited v Vega Petroleum Limited and Dover Investments Limited [2021] EWHC 1364 (Comm); [2021] LLR P 118 – acting and appearing as junior counsel in a 8-figure dispute concerning the sale and purchase of Egyptian crude oil.
    • Toucan Energy Holdings Ltd & Anr v Wirsol Energy Ltd & Ors – acting and appearing as junior counsel on a US$60 million energy and construction dispute in the Commercial Court (led by Stephen Cogley KC and Samuel Townend).
    • Advising on claims relating to the defective provision of substantial machinery for a vessel under an international sale of goods contract.
    • UNCITRAL Arbitrationdisputes arising out of a take or pay contract for natural gas. Including drafting submissions on the construction of the key take or pay provisions of the various contracts.
    • Drafting the skeleton argument for a trial of preliminary issues concerning the construction of a take or pay contract for natural gas.
    • Sinwa (Singapore) Pte Ltd v Guardian Maritime Limited – Claims arising out of a collaboration agreement for the international supply of shipping equipment, turning on issues of contractual interpretation and entitlement to terminate (led by Sarah Bayliss). Subsequently instructed as sole counsel in opposing the appeal and then in enforcing the judgment.
    • Advice on a carriage dispute under a contract of affreightment involving demurrage, loss of profits and force majeure.
    • Drafting advice on a carriage dispute under a contract of affreightment involving demurrage, loss of profits and force majeure.
    • Drafting advice on the coverage of a Lloyds Open Form salvage award under a hull.

     

    IT and Telecoms

    • Intelsat Global Sales & Marketing Ltd v Information TV Private Limitedacting and advising as sole counsel in relation to a c. USD 2.8m claim under a satellite leasing agreement, with the defendant raising jurisdictional issues and alleged foreign law prohibitions rendering its obligations unlawful.
    • Advising as sole counsel on a potential multi-million pound claim relating to alleged misappropriation of software from a software company in breach of (inter alia) investment and loan agreements.
    • Advising as sole counsel in relation to potential claims arising out of investor/creditor agreements with an international software company.
    • Intelsat Global Sales & Marketing Ltd v JSC Kazteleradio – acting as sole counsel on a telecoms claim for in excess of USD 5 million, involving complex technical disputes regarding satellites and legal issues including the lawfulness of contractual termination fees.
    • Intelsat Global Sales & Marketing Ltd v Luxspace enforcing a USD 900k judgment, addressing issues said to arise in relation to international financial sanctions regimes and their impact on the international system for settlement of bank payments.

     

    Media and Entertainment

    • Smith v Dryden & Ors. – a copyright dispute in relation to alleged copying in a No.1 song.
    • Re Bullet for My Valentine – a wide-ranging dispute arising out of the partial break-up of the heavy metal band.
    • Re Bad Boy Chiller Crew – obtaining injunctive relief against and pursuing a former manager for alleged misappropriation of the bassline collective’s assets (including social and digital assets).
    • ATL Entertainment Ltd v Miss La Familiaobtaining judgment on a management dispute and a claim for outstanding commissions arising out of the artist’s signing of an exclusive recording agreement.
    • Lloyd v Kruger [2018] EWHC 2011 (Comm) – junior counsel in a dispute arising out of the sale of a media company, involving allegations of fraudulent misrepresentation as to the company’s assets, including its ownership of relevant IP and masters (led by Sarah Bayliss).
    • Advising on alleged breaches of financing agreements for a Hollywood film, including advice on obtaining anti-suit injunctions against Californian proceedings and enforcing security of assets including the master tape (led by Robert Levy KC).
    • Drafting particulars of claim under an exclusive distribution agreement.

     

    General Commercial Litigation

    • Morris v Cox & Permanex Site Security Limiteda dispute relating to a claim to a 20% shareholding alleged to be held on constructive trust and outstanding consultancy fees for a business consultant. Ben is instructed against a silk and junior. The trial will involve expert valuation evidence in relation to the value of the company.
    • A pending claim relating to vineyards and winemaking – advising on the construction of various co-referring agreements, remedies available, and drafting proceedings.
    • A pending claim relating to an investor/creditor agreement and alleged misrepresentations.
    • Advising on potential claims under an umbrella contract potentially breached in the context of an allegedly illegitimate re-tendering process.
    • Various pieces of advice advising on coverage under insurance, reinsurance, and overlapping insurance contracts, with a heavy focus on complex contractual interpretation.
    • Drafting the trial skeleton argument for a mercantile court hearing concerning ATE insurance. Drafting skeleton argument sections on specific disclosure and security for costs for a large commercial court CMC.
    • Drafting advice on the construction of a multi-party agreement for the supply and distribution of industrial equipment.
    • Drafting advice on the construction of a management agreement for a pub.
  • Company

    Ben is regularly instructed in relation to company disputes (particularly shareholder disputes) and to advise boards on creative options for achieving a given result without resort to litigation. He also has experience of a wide-variety of applications under the Companies Act and in relation to corporate insolvencies (both of domestic and overseas companies).

     

    Shareholder Disputes and Director Duties

    • Re Stegasis Investment Corporation acting as junior counsel in a complex shareholder dispute in relation to a Liberian SPV in the context of global litigation between the parties (led by Stephen Cogley KC).
    • Yousif & Anr. v Idriss & Anr. – obtaining wide-ranging injunctive relief in response to an alleged fraudulent misappropriation of assets, including an unusual order for an interim declaration as to beneficial ownership of a company and an order for immediate repayment of certain fruits of the alleged fraud which could not realistically be disputed.
    • Advising on a complex alleged fraud perpetrated on investors in a tech company whose directors allegedly then misappropriated the assets to a new creature company, involving potential fraud claims against solicitors and professional advisers.
    • Instructed as sole counsel on a s.994 claim based on an allegation of a quasi-partnership which persisted following the investment of a corporate third-party shareholder.
    • Instructed as sole counsel on various unfair prejudice petitions in the High Court.
    • Acting and advising in relation to a dispute concerning alleged breaches of directors’ duties (led by Elspeth Talbot-Rice KC and Hugh Miall).
    • Advising on reflective loss and derivative claims.
    • Advising on the prospects of a claim for alleged breaches of a director’s duty.

     

    Ad hoc Advice

    • Advising directors on conflicts with directors and the appropriate approach to take in complicated litigation.
    • Advising on a proposed restructuring of a corporate group.
    • Advising on the construction of a share purchase.
    • Advising on the structuring of a corporate group and related trusts (led by David Brownbill KC).
    • Advising on the construction of a share purchase.

     

    Companies Act Applications and Corporate Insolvency

    • Re iOra Software Limited – a £2m claim advancing alleged breaches of fiduciary duty and anti-avoidance claims under ss.238-239 of the Insolvency Act 1986, with various unusual issues arising from the complicated circumstances following a ‘loan to own’ scheme perpetrated against the company and alleged sale of its business and assets at undervalue.
    • Instructed (led and unled) on various applications for restoration of companies to the register, including holding companies which were inadvertently dissolved and a key NHS PCT entity which was mistakenly dissolved as part of a corporate organisation.
  • Crypto and digital assets

    Ben is a contributor to the Sweet and Maxwell title Crypto and Digital Assets Law and Regulation, is a member of the Crypto Fraud and Asset Recovery network (CFAAR).

    He has delivered both conference talks in this area, including on Cryptocurrencies and civil fraud, cryptocurrencies and trusts, and the international regulation of cryptocurrencies. He welcomes the opportunity to provide further talks in this area, including by way of inhouse presentations.

    See also Ben’s article “Cryptocurrencies and Civil Fraud Practice – Questions in a Developing Area” exploring issues cryptocurrencies raise in the civil fraud practice.

    His experience includes:

    • Re Bad Boy Chiller Crew – obtaining injunctive relief against and pursuing a former manager for alleged misappropriation of the bassline collective’s assets (including social and digital assets).
    • Advising on crypto assets in the context of potential asset recovery and enforcement.
  • Energy, Oil & Gas

    A significant element of Ben’s commercial practice involves work in the energy, oil and gas, and natural resources sectors. Prior to commencing practice, Ben completed a placement in the global disputes department of an oil and gas major, during which time he was involved in running a full range international oil & gas disputes, including work with upstream teams, decommissioning fields, JV disputes, shipping disputes, crude, natural gas, and LNG disputes, international arbitrations, international corporate structuring, and parent companies’ alleged liability for subsidiaries.

     

    • Rubikon v Jetfly – instructed as sole counsel in this a USD 6m energy and shipping dispute concerning an umbrella agreement to supply and purchase gasoline. Ben recently obtained summary judgment on the issues in a USD 3.8m unjust enrichment claim, with the Court of Appeal dismissing the appeal on the papers following Ben’s written submissions. The outstanding contractual disputes (with an alleged set off) focus on various issues of contractual interpretation and the correct approach to assessing contractual damages.
    • LCIA Arbitration – sole counsel on a dispute concerning the ownership of a multi-million-dollar international mining group.
    • BP Oil International Limited v Vega Petroleum Limited and Dover Investments Limited [2021] EWHC 1364 (Comm); [2021] LLR P 118 – acting and appearing as junior counsel  in a dispute concerning the sale and purchase of Egyptian crude oil (led by Edward Cumming KC).
    • Toucan Energy Holdings Ltd & Anr v Wirsol Energy Ltd & Ors – acting and appearing as junior counsel on a US$60 million energy and construction dispute in the Commercial Court (led by Stephen Cogley KC and Samuel Townend KC).
    • UNCITRAL Arbitrationdisputes arising out of a take or pay contract for natural gas. Including drafting submissions on the construction of the key take or pay provisions of the various contracts.
    • Assisting in an ICSID claim for alleged expropriation of mining concessions.
    • Assisting in a fraud claim relating to West African crude oil trading.
  • Insolvency

    Ben’s practice has always involved work in the insolvency area, including a broad variety of applications and claims under the Insolvency Act and advice on insolvency-related issues for companies, LLPs, and in asset recovery exercises. He has experience in dealing with insolvency issues relating to domestic companies, overseas companies, and LLPs, acting both led and unled.

     

    • Re iOra Software Limitedacting in a £2m claim advancing alleged breaches of fiduciary duty and anti-avoidance claims under ss.238-239 of the Insolvency Act 1986, with various unusual issues arising from the complicated circumstances following a ‘loan to own’ scheme perpetrated against the company and alleged sale of its business and assets at undervalue.
    • Re Stegasis Investment Corporation acting in relation to the just and equitable winding up of a Liberian SPV and its subsequent liquidation and associated investigations in the context of global litigation between the interested parties (led by Stephen Cogley KC).
    • Advising a director on the prospects of a claim in misfeasance against a liquidator.
    • Drafting advice in relation to the exercise of security rights during the statutory moratorium in administration.
    • Re Finnan Developments (Raynes Park) LLP acting for a former designated member in the liquidation of an LLP (led by Steven Thompson KC).
    • Acting for liquidators and administrators in various insolvency applications seeking to realise assets.
    • Assisting in the drafting of the skeleton argument for an injunction against a receiver. Assisting with a claim to recover divested assets under s. 423 of the Insolvency Act 1986.
    • Various applications (both advancing and opposing) applications to restrain presentation or advertisement of a winding up petition.
    • Advising and acting upon various applications for validation orders.
  • Insurance & Reinsurance
    • Advice arising from overlapping liability insurance policies, including issues of double insurance.
    • Advising on potential claims under the Third Parties (Rights against Insurers) Act 2010.
    • Drafting particulars of claim under an event cancellation policy placed in the Lloyd’s.
    • Drafting the trial skeleton argument for a claim in the mercantile court against an ATE insurer, pursuant to the Third Parties (Rights against Insurers) Act.
    • Drafting advice on the construction of a reinsurance treaty where the underlying insurance was written on the Bermuda Form.
    • Drafting advice on the construction of numerous excess of loss reinsurance treaties and potential allocation strategies under them.
    • Drafting advice on coverage of an employee’s fraud under a professional indemnity and fidelity policy.
  • International Arbitration

    Ben has experience across all the major arbitral institutions (including DIFC, ICC, ICSID, LCIA, LMAA, UNCITRAL) and of ad hoc arbitrations. He has acted, both led and unled, in both domestic and international arbitrations across subject matters including aviation, civil fraud, international trust disputes, energy and natural resources, shipping and sale of goods, and investor-state arbitrations. He also has experience of jurisdiction challenges, challenges to arbitral awards under the Arbitration Act 1996, enforcement of arbitral awards both domestic and international.

    •  LCIA Arbitration – sole counsel on a dispute concerning the ownership of a multi-million dollar international mining group, raising jurisdictional issues and issues of contractual interpretation.
    • LCIA Arbitrationsole counsel on a claim concerning allegations of deceit and unjust enrichment, including appearance at the final hearing before a 3-member tribunal. Including the subsequent enforcement of the resulting award.
    • LCIA Arbitration – acting in an 8-figure aviation maintenance dispute (led by Edward Cumming KC).
    • LCIA Arbitration acting on a jurisdiction challenge arising out of an alleged contract for the supply of PPE (led by Hugh Miall).
    • Acting and advising as junior in relation to an arbitral application to support the overseas enforcement of a 9-figure LCIA award counsel (led by Edward Cumming KC).
    • Ad Hoc Arbitrationappearing and acting in relation to various proceedings arising out of a substantial international trust dispute. Including obtaining a worldwide freezing injunction (led by Elspeth Talbot Rice KC) and successfully making an urgent application to discharge Norwich Pharmacal relief granted ex parte (unled).
    • LCIA Arbitrationassisting David Davies KC on a multi-million-dollar fraud arbitration.
    • AMC III Purple BV v Amethyst Radiotherapy Limited [2019] EWHC 1503 (Comm) – acting and advising as junior counsel in relation to the successful resistance to a stay in favour of an indirectly connected arbitration (led by Edward Cumming KC).
    • Assisting with an action for enforcement of a defence-sector arbitral award worth several hundred million dollars.
    • Advice on a challenge to a partial award on jurisdiction under s. 67 of the Arbitration Act 1996.
    • Advice on the merits of a proposed s. 68 challenge to an award for serious irregularity.
    • Advising and assisting on various appeals of an arbitral award on a point of law (s.69).
    • Advice on the availability of equitable remedies in arbitration.
    • Various pieces of advice on the prospects of potential ICSID claims.
    • ICC arbitration – assisting in a claim concerning the supply of animal feed.
    • UNCITRAL arbitration – assisting in a dispute concerning natural gas and force majeure.
    • Assisting with the preparation for an ICSID arbitration in relation to an alleged expropriation of mining concessions.
    • LMAA arbitration – a claim relating to late redelivery of a vessel.
    • DIFC arbitration – relating to an international sale of goods dispute.
  • International & Offshore

    Much of Ben’s work has an international element and he has substantial experience of advising and constructing arguments on difficult conflict of laws issues. He is frequently instructed to advise in relation to complicated issues of jurisdiction, applicable law, enforcement, and conflict of laws rules under various regimes. Some examples include: the doctrine of renvoi, the governing law of a pre-Hague Convention trust, challenging abuse of the anchor defendant jurisdictional gateway, conflicting prior judgments of foreign courts, the effect of the Rome II Regulation on amendments to foreign law claims, and the applicable law for a claim in conspiracy, and the post-Brexit position on various issues of jurisdiction and enforcement.

    Ben has undertaken secondments in the global litigation team of an oil and gas major as well as in leading offshore firms in Jersey. In addition to his commercial litigation and international trusts litigation practice, these experiences have given him significant exposure to conflict of laws issues and differing offshore regimes.

    • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2023] CA (Bda) 13 Civ and [2020] SC (Bda) 11 Civ Acting on a nine-figure dispute arising out of financial frauds connected to an insurance wrapper structure, which has raised issues including the proper scope of implied representations and various conflict of laws issues (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC, Sarah Bayliss and Tamara Kagan).
    •  Advising in relation to the terms of a Jersey employee share trust following a restructuring of a corporate group (led by David Brownbill KC).
    • Ad Hoc Arbitrationappearing and acting in relation to various proceedings arising out of a substantial international trust dispute. Including obtaining a worldwide freezing injunction (led by Elspeth Talbot Rice KC) and successfully making an urgent application to discharge Norwich Pharmacal relief granted ex parte (unled).
    • Laktineh & Co Ltd v Al Hatti & Anr acting as sole counsel in relation to one of the first matters before the Abu Dhabi Global Market Courts, in relation to a default judgment application.
    • Sinel v Hennessy [2018] JCA 095; [2018] JRC 007 – acting in relation to a substantial multi-jurisdictional probate dispute, including jurisdictional challenges and conflict of laws issues (led by Edward Cumming KC).
    • Assisting  in drafting the skeleton argument for an application for asset disclosure in support of a nine-figure claim before the DIFC (Steven Thompson KC).
    • Intelsat Global Sales & Marketing Ltd v Information TV Private Limitedacting and advising as sole counsel in relation to a c. USD 2.8m claim under a satellite leasing agreement, with the defendant raising jurisdictional issues and alleged foreign law prohibitions rendering its obligations unlawful.
    • Intelsat Global Sales & Marketing Ltd v Luxspace enforcing a USD 900k judgment, addressing issues said to arise in relation to international financial sanctions regimes and their impact on the international system for settlement of bank payments.
    • Acting in relation to a Jersey dispute concerning large family trusts.
    • Assisting in the preparation of an application for a proprietary injunction in the Cayman Islands.
    • Drafting advice on privilege and the disclosure of documents in a Cayman Islands dispute.
    • Advising on enforcement regimes and procedures following Brexit.
    • Advising on issues of state immunity and non-justiciability in commercial claims. Drafting advice on the prospects of various proposed ICSID claims.
    • Assisting with the preparation for an ICSID arbitration in relation to an alleged expropriation of mining concessions.
    • Assisting on an action for enforcement of a defence-sector arbitral award worth several hundred million dollars (Andrew Fletcher KC and David Davies KC).
    • Assisting in drafting opening submissions for, and the hearing of, a multi-million dollar claim in conspiracy involving Russian and BVI law and involving companies from numerous offshore jurisdictions.
    • Drafting a skeleton argument seeking disclosure of documents said to be undisclosable under Cypriot law.
    • Advising Jersey trustee in relation to dispute as to the assets settled into trust and the true beneficiaries, in the context of the testator’s death and the potential impact of foreign forced heirship rules.
    • A jurisdiction and appliable law dispute in relation to the will of an international family, raising issues of domicile, applicable law, and renvoi.
  • Trusts, Probate & Estates

    Ben has a strong practice across the breadth of trust and estates litigation, including contentious probate, advising trustees and beneficiaries on myriad issues arising under trusts, challenging wills and trusts, and heavyweight international trust litigation. Ben has experience of acting or advising in relation to trusts engaging a variety of jurisdictions, including Jersey, Guernsey, Bermuda, Cayman Islands, Bahamas, the BVI, and Singapore. In particular, Ben has undertaken secondments at leading offshore firms in Jersey in which he has primarily undertaken work in relation to trusts and other private client disputes.

    • Re Estate of Joanna Louise Abraham [2023] EWHC 1982 (Ch) – sole counsel in a 5-day trial of a claim challenging a will for want of knowledge and approval, involving some 15 witnesses. A claim for testamentary incapacity was discontinued prior to trial.
    • Advising in relation to a Jersey employee share trust and proposed distributions following a restructuring of the employer’s corporate group (led by David Brownbill KC).
    • Advising trustees (acting under English and Jersey law) relating to proposed distributions, restructuring proposals, disclosure of documentation to beneficiaries, variations of trust terms, addition or variation of beneficiaries, proposed investment of trust funds, and proposed steps in disputes or litigation.
    • Ad Hoc Arbitrationappearing and acting in relation to various proceedings arising out of a substantial international trust dispute. Including obtaining a worldwide freezing injunction (led by Elspeth Talbot Rice KC) and successfully making an urgent application to discharge Norwich Pharmacal relief granted ex parte (unled).
    • First National Trustco (UK) Limited & Anor v Page & Ors [2019] EWHC 1187 (Ch) – junior counsel in a two-week trial involving claims on a trustee indemnity and allegations of asset misappropriation (led by Elspeth Talbot Rice KC).
    • Harrison-Mills v The Public Trustee & Ors [2019] EWCA Civ 966 – Junior counsel on an appeal concerning the construction of a 1924 indenture counsel (led by Sarah Bayliss).
    • Sinel v Hennessy [2018] JCA 095; [2018] JRC 007 – acting in relation to a substantial multi-jurisdictional probate dispute before the Jersey Court, which raised important issues of privilege, confidentiality, and proprietary rights over documents (led by Edward Cumming KC).
    • Acting in relation to a Jersey dispute concerning large family trusts.
    • Acting in relation contentious probate proceedings, including a summons to challenge a caveat (led by Andrew Holden).
    • Application by trustee for rectification of a Jersey trust deed
    • Advising Jersey trustee in relation to dispute as to the assets settled into trust and the true beneficiaries, in the context of the testator’s death and the potential impact of foreign forced heirship rules.
    • A jurisdiction and appliable law dispute in relation to the will of an international family, raising issues of domicile, applicable law, and renvoi.
    • Drafting the skeleton argument in support of a part 8 claim for directions from a master on the construction of a trust.
    • Drafting advice on the construction of a will that was amended pursuant to the Variation of Trusts Act 1958.
    • Drafting the skeleton argument resisting an application for early disclosure of trust deeds. Assisting in a dispute arising out of the investigation of a testator’s offshore assets.
    • Assisting in relation to multi-jurisdictional litigation concerning a large family trust. Assisting in a part 8 claim for directions on the construction of a long-standing family trust settlement.

Other information

  • Publications
    • Contributor, Crypto and Digital Assets Law and Regulation (Sweet & Maxwell) December 2023
    • Contributor, Encyclopaedia of Forms and Precedents (LNUK), vol 9(2) Companies
  • Professional memberships and associations
    • 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)
  • Academic History
    • BA, Philosophy and Politics (First Class) – Durham University
    • GDL and BPTC – City University
    • LLM, International Commercial Law (Distinction) – University College London
  • Scholarships and Prizes
    • The Peter Taylor Scholarship
    • Maitland Advocacy Prize
    • Major Exhibition (Inner Temple)
    • Clifford Chance Palatinate Shield
  • Lectures and Seminars

    Ben regularly provides seminars and lectures, at conferences or as in-house presentations. He is very happy to talk on any subject within his practice areas. He has previously given talks on topics including:

    • Crypto assets in civil fraud claims
    • Regulation of crypto assets
    • Crypto assets in a trust context
    • Shareholder disputes
    • Tailoring injunctive relief to the particular purpose
    • Interim injunctions in the DIFC
    • Freezing injunctions and trusts
    • Predictive coding in disclosure exercises
    • Tracing and unjust enrichment
    • ICSID, bilateral investment treaties, and other investment claims The application and use of financial regulatory rules in civil claims Freezing and proprietary injunctions
    • Civil fraud claims and family offices