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
- Evans v Green Energy – Ben acted for the installer of solar panels in a claim made by homeowners in which it was alleged the panels were defective or improperly installed, and that this had caused a very serious fire. This raised complex issues of contract, causation and technical points as to the installation of renewable energy sources (Kennedys).
- 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).
- 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.
Product Liability Insurance
Ben frequently advisers on coverage matters that arise from product liability claims for both insureds and insurers. Recent work includes claims arising from:
- Contaminated supermarket products and questions of whether or not a voluntary recall triggers cover.
- Construction products, including fire safety issues and cladding.
- Concrete used in the course of constructing various developments and questions of what qualifies as a defect.
- Products used in coastal defence products.
- Renewable energy sources, such as solar panels.
- Vehicles, including e-scooters.
- Household electronics, such as washing machines and dishwashers.
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
Blogs
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
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
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
Recommendations
“Ben is very easy to work with, client-friendly and highly personable.”
Chambers & Partners, 2025
“Ben has a fantastic way of boiling down complex issues in an easy to understand way. His written advices are thorough and digestible. He is also very client friendly and great on his feet.'”… “Ben has really excellent drafting skills excellent with clients and excellent advocacy skills.”
Legal 500, 2025
“Ben Quiney is somebody with intellect. He knows how to present arguments in court – judges trust him because he puts things in a sensible manner and he is always massively prepped.”… “Ben has a good ability to take things back to first principles and does it in a way that is really clear and really coherent. He is also brilliant at keeping things focused and clients and solicitors on track.”
Chambers & Partners, 2024
“A brilliant advocate and excellent with clients.”…”Ben’s written advice is fantastic and his understanding of warranties and indemnities policies is second-to-none.”
Legal 500, 2024
“He is absolutely fantastic – he is so user-friendly and commercially sensible, and provides pragmatic advice.”…”Clever, organised, smooth and on top of the detail. He is charming, caring, reasonable and hard-working.”
Chambers & Partners, 2023
“He is very commercial and will always have thought of everything.”
Chambers & Partners, 2022
“Utterly unflappable. Ask any question, no matter how complex or involved, and he will give a wholly considered covers-all-the-bases answer that gets to the real heart of the issue. Also very good at understanding how to get through opponents arguments.”
Legal 500, 2022
“Ben is incredibly calm, incredibly assured and measured.”
Chambers & Partners, 2022
“His advice is clear, measured and commercial and his mind is incredibly well organised.” “He’s good at structuring arguments methodically and impressive on his feet.”
Chambers & Partners, 2021
“His advocacy is sharp and incisive. Technically brilliant and happy to role up his sleeves.”… “He is always fully read in, prepared and very organised. There is no better man in a crisis.”
Legal 500, 2021
“He is structured and clear, and has a great knack for putting the client at ease. He’s very skilled at advocacy and advising in conference, and judges immediately warm to him.”; “He is calm and measured, puts his written arguments in an attractive way and is helpfully understated in court.”
Chambers & Partners, 2020
