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Ben Quiney KC

Call 1998 • KC 2014

"An absolute star of the Insurance World"
(Legal 500)

Professional Negligence

He has advised upon and dealt with a variety of professional negligence cases, including those involving accountants, tax consultants, lawyers, insurance professionals, construction professionals and emerging professions.

In the latest editions of Chambers and Partners and Legal 500 he is identified as a Leading KC in Professional Negligence. Ben also acts as an arbitrator and accepts appointments in this and other areas.

Recent cases include:

Selected Cases

  • Gold Care v Axa, Bausor & 4DBen is acting for a property management company in a claim arising from a fire that occurred in a historic street in Glasgow. The fire caused significant property damage and the Claimant’s insurer has declined to cover the claim on the basis of an alleged failure of fair presentation. The claim raises various interesting questions of the extent, nature and scope of duties for intermediaries arranging insurance cover and the effect of the Insurance Act 2015 (Mills & Reeve)
  • Perry v Raleys Solicitors [2019] 2 W.L.R. 636 and [2017] P.N.L.R. 27 – Ben is acting as part of the team defending the series of claims arising from the alleged under-settlement of miner’s VWF claims by, amongst others, Raleys solicitors. Perry is a key Supreme Court decision reviewing important issues for solicitors’ negligence. It deals with the test for lost chances and honesty, the principles in Allied Maples, and questions of the Court of Appeal’s jurisdiction (BLM).
  • The Ingenious Litigation – Ben is acting for accountants in the Ingenious Litigation, which is one of the Lawyers Top Cases of 2018 and 2022. It is a class action of 100s of high net worth individuals arising from a £1.5bn tax management fund. The claims are varied and complex. The Claimants are a number of investors in Ingenious Media’s film/game investment partnerships who are seeking recoveries after allegations of tax avoidance by HMRC and adverse findings in the Tax Tribunals. The action centres on the claim that investors were assured that these partnerships were entirely legitimate trading businesses seeking to make profit through financing films and video games, such as Avatar. Liabilities that have arisen from the decisions of HMRC and the Tribunals are alleged to exceed £500m. The Defendants include tax advisors, accountants and banks. There have been numerous hearings determining important costs and security for costs issues (see [2019] EWHC 3234 (Ch), [2020] EWHC 235 (Ch),[2020] EWHC 307 (Ch)), [2020] EWHC 1731 (Ch) and [2021] WLR 3189) (Kennedys).

Brokers’ Negligence

He regularly acts for and against Insurance Brokers. Recent cases have included:

  • British Gymnastics v Zurich, Brit & Perkins Slade [2017] EWHC 2500 (Comm) – Ben acted for brokers in this long running multi-million pound coverage dispute arising from cover issued to the British Gymnastics Association. Issues arose relating to cover, non-disclosure, claims made policies, the practice in the Lloyds Market, brokers’ duties, and causation.
  • NGS v Covea & Riverdale – Ben is acting for an Insured in a claim arising from a Fire at a Salt Manufacturing plant. It involves complex issues as to the cause of the fire, coverage and professional negligence (Rustem Guardian).
  • Chalfin & ors v PIB – Ben is acting for brokers in this multi-million claim arising from an avoidance by insurers following a significant fire at a factory, which deals with issues of coverage, professional negligence, causation and post claim valuations (Mills & Reeve).

Accountants’ Negligence

Ben is acting for a number of accountants in different large value claims facing allegations ranging from failures to advise with respect to large financial investments for high net worth lottery winners to the management of Inland Revenue investigations (and COP9). This includes various tax management schemes arising from property, film finance, and investment schemes. Before coming to the Bar Ben worked at Ernst & Young.

IFAs and Investment Schemes

He has advised on and acted in various cases involving investment schemes, tax management schemes, and related investment advice. This has included property investments, film finance schemes and various corporate re-structuring issues.

Legal Professionals

Ben is regularly instructed in cases dealing with solicitors and barristers’ negligence across all fields of work. Recent cases include:

  • BPC Hotels Ltd v Wright Hassall LLP [2016] EWHC 1286 (TCC) Ben successfully struck out a claim raising allegations of solicitors’ and barrister’s negligence. This was based on the scope of retainer and issues of causation (BLM).
  • Perry v Raleys Solicitors [2019] 2 W.L.R. 636 and [2017] P.N.L.R. 27 – Ben is acting as part of the team defending the series of claims arising from the alleged under-settlement of miner’s VWF claims (BLM).
  • An Adjudication – a claim involving allegedly negligent legal advice as to the repudiation of contracts on a multi-million construction project.

Construction Professionals

Ben regularly acts for all types of construction professionals. Recent cases have included:

  • Services engineers: Carillion Construction Ltd v Woods Bagot Europe Ltd [2016] B.L.R. 382 & [2017] BLR 203);
  • Structural engineers: Bloom v Fluid [2018] EWHC 1266 (TCC) & Mirant Asia-Pacific Construction (Hong Kong) Limited and others v. Ove Arup & Partners International Limited and others [2005] PNLR 10);
  • Fire safety engineers: Howmet v EDL & ECS 157 Con. L.R. 1 & [2016] B.L.R. 555 & Cadbury v ADT [2011] BLR 661, [2012] BLR 441 & 145 Con. L.R. 147);
  • Surveyors: Bank of Ireland v Phillip Pank Partnership [2014] EWHC 284 (TCC & Catlin Estates Limited v. Carter Jonas [2006] PNLR 273); and
  • Architects: Maribo v CZL, Shepherd Construction v Dunnett Craven & ors, and Northumbria Healthcare NHS Trust v Lendlease [2022] EWHC 1266 (TCC) and [2022] EWHC 2116 (TCC).
  • Technical Auditors: Liberty v Campagna (2011) 27 Const LJ 275
  • Developers: Travis Perkins v Roxhill & ors.
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  • 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.


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.


  • PNBA


“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.‘

Legal 500, 2024

“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.”

Chambers & Partners, 2023

“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.”

Legal 500, 2021

“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

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