Ben Quiney KC

Product Liability

Ben regularly works on technical cases involving defective products. His main focus is on disputes where products have failed causing financial losses. For example, he often deals with claims in a sale of goods context or where defective products cause damage to buildings and plant, such as by fire or flood. Ben has dealt with cases covered by most standard form contracts and often has to deal with issues relating to limitations and exclusions.

Selected Cases

• Boots v Schneider – is acting for Schneider, manufacturer of a component that is alleged to have caused an electrical fire. The fire is alleged to have caused £20m of damage (Zelle).
• Sutton & East Surry 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).
• Scottish Arbitration – Ben acted in a multi-million pound claim made against a large engineering company involved in a project to rehabilitate a large part of the main water system in Scotland. Allegations of breach of contract arising from the design and issues of defective products arose, requiring the examination of a number of complex scientific, chemical and technical matters, as well as matters of arbitration law and practice; as considered in Arbitration Appeal No 1 of 2021 [2021] CSOH 41. (Beale & Co)
• Howmet v EDL & ECS 157 Con. L.R. 1 & [2016] B.L.R. 555, Ben acted for a factory owner in a recovery action resulting from a serious fire that caused £20+m losses arising from an alleged failure of fail safe devices. This case dealt with significant arguments relating to scope of duty, causation and novus actus (RPC).
• Bembridge Marine v Allen & ors [2012] EWHC 2213 (TCC), Ben defended the supplier of bolts and gratings in a £7m sale of goods claim in the TCC. The case raised issues of contractual formation, sale of goods, and limitations of liability. He succeeded in enforcing ASD’s limitation of liability clause in its standard contract terms, which was found to cap the recoverable damages at £705 rather than £7million (DAC Beachcroft).
• Cadbury v ADT [2011] BLR 661, [2012] BLR 441 & 145 Con. L.R. 147 Ben acted for the Claimants against Defendant engineers in this £100m+ recovery action involving the destruction by fire of a large popcorn factory in Pontefract, arising from the installation and operation of a CO2 fire suppression system. This case was one of the Lawyers top 20 cases of 2011 (DAC Beachcroft).
• An Arbitration – Ben acted for a contractor on a very large PFI hospital project involving the installation of many miles of pipework. Amongst the complex issues in the dispute was the manufacture and quality of the pipework.
• An Arbitration – Ben is acting for a large engineering multi-national with respect to a dispute as to the construction of various power stations. Numerous complex disputes have arisen, including the manufacture and construction of key elements of each of the power stations and the necessary mitigation works.

Awards

News

• Crown Office Chambers shortlisted in eleven categories at The Legal 500 Bar Awards 2023
• Court of Appeal upholds anti-suit injunction

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Articles

• 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
• Ben Quiney KC, Carlo Taczalski and Frederick Simpson discuss the recent Judgment on the Ingenious Litigation for Practical Law Company

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Events

• David Sears KC and Ben Quiney KC to speak at the White Paper Conference
• MBL: Construction Law Conference 2016 – London

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; and the Law Commission reform of Insurance Law.

Memberships

• LCLCBA
• TECBAR
• COMBAR
• PNBA