Ben Quiney KC

Company and Commercial

Ben has a wide experience of commercial matters, including: sale of goods; contractual disputes; civil fraud, company law and insolvency issues; guarantees and indemnities; passing off and intellectual property matters; jurisdictional disputes; and fiduciary obligations and equitable remedies.

Ben has wide experience of arbitrations and has acted in ICC, DIA, LCIA, LMAA, ARIAS, SIAC, and ad hoc arbitrations. Ben has been called to the BVI Bar. Ben also acts as an arbitrator and accepts appointments in this and other areas.

Recent cases include:

Selected Cases

• NST Worldwide v World Snooker – Ben is instructed by the Claimant in the Competition Appeals Tribunal. In that action NST alleges that there are breaches of competition law in the regulation and promotion of professional snooker, including that World Snooker has abused its dominant position and been party to anti-competitive behaviour (LLP Solicitors).
• Howtel v Constantine – This claim relates to the disputed ownership of a valuable Picasso painting. Ben is acting for the company holding the painting. The claim raises interesting issues of ownership, bailment, standard terms and conditions, and the use of the interpleader/stakeholder procedure under Part 86 of the CPR (Mills & Reeve).
• Reeves v Frain [2025] EWHC 185 (SCCO) – This claim arises from a contested will dealing with an very valuable estate and raises issues relating to the enforceability of Damage Based Agreements. In particular, the issue is whether DBAs can be used for claims other than simple claims for monetary sums and the treatment of expenses and disbursements. Costs Judge Brown in the Senior Costs Office ruled against the enforceability of DBAs in this instance, and the case continues (Legal Costs Experts)
• Sutton & East Surrey Water v Monarch & Muztrans – Ben is acting for a commercial haulier in a high value claim arising from a chemical explosion allegedly caused by the delivery of certain chemicals. The dispute deals with contractual issues, RHA Conditions, and the application of recent case law on vicarious liability (Clyde & Co).
• Astra Global v Narayan – Ben is acting for a senior banking executive in a long running multi-jurisdictional dispute relating to various high value investments around the world. The case raises relating to allegations of civil fraud, tracing and equitable defences.
• Project Angel Bidco v Various Lloyd’s Syndicates [2024] Lloyd’s Rep IR 411 & [2024] Lloyd’s Rep. IR 289 – Ben is acting for insurers in a significant claim made under a warranty and indemnity policy issued for an acquisition of a large construction company. He was successfully argued on behalf of insurers in the Court of Appeal that the claim should be excluded. Key issues relate to the interpretation of exclusions, the knowledge of the purchaser and the quantification of the claim. Ben successfully defended a preliminary issue trial as to the scope of an Anti-Bribery and Anti-Corruption Exclusion (ABC Liability) under the W&I policy. This is one of the first cases on W&I policy claims litigated and to go to the Court of Appeal (DACBeachcroft).

Warranty and Indemnity Claims

Ben has extensive experience of advising on and dealing with claims arising from Share Purchase Agreement disputes, W&I claims (warranties and tax indemnities) and also insurance policies that provide cover for the acquisition of enterprises in a variety of business sectors. This includes cases dealing with the purchase of business in the pharmaceutical, property, energy, construction and freight sectors. These cases raise a number of complex insurance and commercial law issues.

Directors’ Duties Cases

Ben has particular expertise in director’s cases and has been described in the legal directories as an expert in this field. He regularly advised on Directors & Officers Insurance claims arising from such issue. He successfully argued in the Court of Appeal the novel point that directors owe special and particular duties of disclosure in Item Software v. Fassihi and others [2005] 2 B.C.L.C. 91 (CA), which is now a core case in this area. He acts for both companies and directors/employees. These cases often involve allegations relating to breach of fiduciary duty, restrictive covenants, copyright, passing off, economic torts, and accessory liability. He has taken to trial a number of such cases including:

• Crowson Ltd v Concept Ltd [2008] F.S.R. 14;
• Markel & QBE v SGC & ors [2009] Lloyd’s Rep IR 77 & [2008] EWHC 3087 (Comm) & [2009] EWCA Civ 790;
• Berryland Books v BK Books & ors [2009] 2 B.C.L.C. 709 & [2010] All ER (D) 209 (Dec);
• Premier Waste Management Limited v Towers [2010] EWHC 2440 (Ch) and [2012] BCC 72 ;
• Templeton Insurance Ltd v Motorcare Warranties Ltd [2012] All ER (D) 75 (Apr), [2012] EWHC 2309 (QB) and [2013] All ER (D) 32 (Feb); and
• St Vincent European General Partner Ltd v Robinson [2018] EWHC 1230 (Comm) & [2018] EWHC 1442 (Comm).

Freezing Injunctions, Search Orders, and other interim remedies

Ben has extensive experience of with and without notice urgent applications, such as:

• • Markel & QBE v SGC [2009] Lloyd’s Rep IR 77 & [2008] EWHC 3087 (Comm) & [2009] EWCA Civ 790 (freezing injunction, surety bonds, civil fraud & directors’ duties);
  • RBS Invoice Finance Ltd v Karia [2008] All ER (D) 131 (May) (civil fraud, freezing injunctions and factoring;
  • Schmid v Fortmann[2007] All ER (D) 107 (Oct) (property orders, civil fraud and resulting trusts);
  • Templeton Insurance Ltd v Motorcare Warranties Ltd 2012] All ER (D) 75 (Apr) , [2012] EWHC 2309 (QB) and [2013] All ER (D) 32 (Feb) (contempt of court, freezing injunctions, and civil fraud);
  • St Vincent European General Partner Ltd v Robinson [2018] EWHC 1230 (Comm) & [2018] EWHC 1442 (Comm) (freezing injunctions and third parties);
  • SDI v Rangers FC [2018] EWHC 2948 (Comm), [2019] EWHC 207 (Comm) and [2019] EWHC 591 (Comm) (specific performance, declaratory relief and mandatory injunctions).
  • AIG Europe SA v John Wood Group Plc [2022] Lloyd’s Rep IR 485 and [2022] Lloyd’s Rep IR 561 – insurance and anti suit injunction.

Awards

Articles

• Waiver of disclosure under the Insurance Act 2015
• 2 Entertain Video Ltd & Ors v Sony DADC Europe Ltd [2020] EWHC 972 (TCC) – TCC gives judgment in major insurance claim arising out of the 2011 London Riots

Read more

Blogs

• Waiver of disclosure under the Insurance Act 2015

News

• High Court hands down judgment in Clarendon Dental Spa v Zurich [2025] EWHC 267 (Comm)
• Crown Office Chambers to speak at the BILA Virtual Lecture, 14 November 2024

Read more

Events

• Crown Office Chambers to speak at the BILA Virtual Lecture, 14 November 2024
• Ben Quiney KC to speak at BDO’s Warranty & Indemnity Claims Seminar on 10 September

Read more

Qualifications

• Birkdale School, Sheffield.
• University College, Oxford. BA (Hons) in Law – First Class.
• Tax Trainee with Ernst & Young
• University College, Oxford. BCL.
• Admitted to Gray’s Inn. Awarded the Lord Birkenhead Scholarship.
• Inns of Court School of Law.
• Called to the Bar of the Eastern Caribbean Supreme Court, Virgin Islands Circuit.

Seminars

Ben regularly gives seminars in his areas of expertise. He is happy to do so as part of in-house training. In the past few years he has given seminars on the following topics: Insurance Act 2015; liquidated damages; fire and disaster claims; bonds & guarantees; conflicts of interest; privilege and the law of evidence; damages; fiduciary and directors’ duties; interim commercial remedies; restrictive covenants; the impact of Covid 19 and insurance claims; loss of a chance in professional negligence claims; the Law Commission reform of Insurance Law; D&O claims and Artificial Intelligence risks; building safety and fire risk claims; enforcement of judgments and awards; and valuation and causation issues in W&I claims.

Memberships

• LCLCBA
• TECBAR
• COMBAR
• PNBA