Ben Quiney KC

Property Damage

Ben undertakes all areas of property damage work. He deals with coverage, recoveries and defences. Ben has extensive experience of very large fire claims and disaster litigation. He has been involved in the TCC and Commercial Court multi-million pound litigation arising from major fires.

In the latest edition of Chambers and Partners he is identified as a Leading KC.

Selected Cases

• Boots v Schneider – Ben acted 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).
• 2 Entertain v Sony [2019] EWHC 1658 (TCC), 190 Con. L.R. 145 , [2020] EWHC 1490 (TCC) – Ben is acting for Sony in defending a multi-million pound bailment claim arising from an arson during the London Riots 2011. The case raises various interesting issues ranging from the effect of limitation and force majeure clauses to the liability of warehousemen/bailment to causation and quantification (DAC Beachcroft).
• 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).
• 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).
• Gold Care v Axa, Bausor & 4D – Ben 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 2015 Insurance Act 2015 (Mills & Reeve).
• D&D Limited v In Line Duct Cleaning Limited, Ben is acting for the cleaners of ductwork that was alleged to have been involved in a serious fire at a prestigious restaurant in London, which raises significant issues of liability, causation and contributory negligence (Hextalls).
• National Trust v TFT and Cuffe – Ben is acting for the Defendant contractor in this case that arises from a serious fire at Clandon House, which is a historic building. The serious fire caused losses claimed to be worth many millions. The case raises complex issues of limitation, duties of care, and quantification (DAC Beachcroft).

Reported Cases

• Project Angel Bidco v Various Lloyd’s Syndicates [2023] EWHC 2649 (Comm) – insurance, warranties and indemnity insurance, and the application of exclusions.
• Northumbria Healthcare NHS Trust v Lendlease & ors [2022] EWHC 2116 (TCC) – construction and disclosure.
• AIG Europe SA v John Wood Group Plc [2022] Lloyd’s Rep IR 561  – insurance, anti suit injunction and comity.
• Northumbria Healthcare NHS Trust v Lendlease & ors [2022] EWHC 1266 (TCC) – construction and architects negligence, and split trials.
• AIG Europe SA v John Wood Group Plc [2022] Lloyd’s Rep IR 485   – insurance and anti suit injunction.
• Arbitration Appeal No 1 of 2021 [2021] CSOH 41 –International Arbitration, arbitral practice, errors of law, and engineering disputes.
• Rowe v Ingenious Media Holdings PLC [2021] WLR 3189 – security for costs, the appropriateness of cross-undertakings, and the particular issues arising from litigation funding in class actions.
• The 52 Occupiers of the Ceramic Works v Bowmer & Kirkland Ltd & Anor [2021] EWHC 17 (TCC) – cladding, service and amendments.
• 2 Entertain v Sony [2020] EWHC 972 (TCC) – Bailment, warehouse duties, contractual limitations, force majeure, and causation.
• Ingenious Litigation [2020] EWHC 307 (Ch) – class action case management and interim applications.
• Ingenious Litigation [2019] EWHC 3234 (Ch) and [2020] EWHC 235 (Ch) – costs, third party funding and security for costs.
• SDI v Rangers FC [2019] EWHC 591 (Comm) and [2019] EWHC 1929 (Comm) – Football Contracts, contractual interpretation, and the mechanics of renewal rights.
• Perry v Raleys Solicitors [2019] 2 W.L.R. 636 – solicitors negligence, causation and the application of Allied Maples.
• SDI v Rangers FC [2019] EWHC 207 (Comm) – Amendments of Particulars of Claim, Football Contracts, and contractual interpretation.
• Wheeldon v Millennium Insurance [2019] 4 WLR 56 – Appeals from TCC, Fires and Waste Management, and Property Insurance.
• SDI v Rangers FC [2018] EWHC 2948 (Comm) – Football Contracts, freezing injunctions, interpretation of a distribution agreement, and the appropriateness of injunctive relief.
• St Vincent European General Partner Ltd v Robinson [2018] EWHC 1230 (Comm) & [2018] EWHC 1442 (Comm) – Economic Torts, Company law, the calculation of damages, Banking and finance, freezing injunctions, and the late addition of parties.
• Broom v Fluid [2018] EWHC 1266 (TCC) – engineering dispute, iceberg house on “Grand Designs”, and case management procedure.
• Wheeldon v Millennium Insurance [2018] Lloyd’s Rep. I.R. 693 – Fires and Waste Management, Property Insurance, and the interpretation of conditions precedent and warranties.
• Manta Port Authority v Terminales Internacionales De Ecuador SA (Eno liquidacion); Hutchinson Port Investments Limited Hutchinson Port Holdings Limited [2017] BVIHC(COM) 191 of 2016 – International Arbitration, breach of contract, and the construction of international ports.
• British Gymnastics v Zurich, Brit & Perkins Slade [2017] EWHC 2500 (Comm) – Gymnastics, Liability Policies, and the late Addition of Parties.
• Perry v Raleys Solicitors [2017] P.N.L.R. 27 – solicitors negligence, causation and the application of Allied Maples.
• Dawnus Construction Holdings v Amey LG Ltd [2017] EWHC B13 (TCC) – adjudication and dispute resolution procedure.
• Wheeldon v Millennium Insurance [2017] B.L.R. 234 – Fire claim, experts and conflicts of interest.
• Carillion Construction Ltd v Woods Bagot Europe Ltd [2017] BLR 203 – Construction contracts and extensions of time.
• Howmet Ltd v Economy Devices Ltd [2016] B.L.R. 555 – Fire claim, product liability, corporate knowledge and causation.
• BPC Hotels Ltd v Wright Hassall LLP [2016] EWHC 1286 (TCC) – solicitors’’ and barrister’s negligence, strike out and scope of retainer.
• Carillion Construction Ltd v Woods Bagot Europe Ltd [2016] B.L.R. 382; 166 Con. L.R. 52 – Construction contracts, completion dates and liquidated damages.
• Howmet Ltd v Economy Devices Ltd 157 Con. L.R. 1 – Fire claim and product liability.
• Genesis v Allianz [2014] EWHC 3676 (QB) – Insurance declinature when arson by an insured.
• Bank of Ireland v Phillip Pank Partnership [2014] EWHC 284 (TCC) – Post-Mitchell decision on defects in cost budgeting.
• Daniel v Mode [2013] EWHC 3614 (TCC) – strike out/summary judgment on a fire claim at a very early stage.
• Templeton Insurance Ltd v Motorcare Warranties Ltd [2013] All ER (D) 32 (Feb) – Court of Appeal on contempt of court for breach of freezing injunctions and sentencing; reduced to suspended sentence.
• Cadbury v ADT (No.2) 145 Con. L.R. 147 – interim payments on account and “no loss” arguments.
• Rivercove v Euro Rubberlines [2012] EWHC 2593 (TCC); Environmental Law Monthly Volume 21 Issue 11 – oil pollution.
• Ram Recycling v DRC and ors [2012] EWHC 2757 (Comm) – insurance brokers, security for costs, and re-opening decisions.
• Cadbury v ADT [2012] BLR 441 – Engineer’s negligence, contract formation, sale of goods, and contributory negligence.
• Ram Recycling v DRC & ors [2012] EWHC 2464 (Comm) – insurance brokers, coverage and security for costs.
• Templeton Insurance Ltd v Motorcare Warranties Ltd [2012] EWHC 2309 (QB) – contempt of court for breach of freezing injunctions and sentencing.
• Bembridge Marine v Allen & ors [2012] EWHC 2213 (TCC) – sale of goods and limitation of liability clauses.
• Ram Recycling v DRC & ors [2012] EWHC 1736 Comm  – insurance brokers, coverage and summary judgment.
• Templeton Insurance Ltd v Motorcare Warranties Ltd [2012] All ER (D) 75 (Apr) – contempt of court, freezing injunctions, civil fraud and breach of insurance binders.
• Premier Waste Management Limited v Towers [2012] BCC 72 – director’s duties and fiduciaries (CA).
• Cadbury v ADT [2011] BLR 661 – Engineer’s negligence, contract formation, sale of goods, and contributory negligence.
• Liberty v Campagna (2011) 27 Const LJ 275 – Latent Defects insurance and the duties of technical auditors.
• Berryland Books v BK Books & ors [2010] All ER (D) 209 (Dec) – Torts of conspiracy and breach of fiduciary duty (CA).
• Premier Waste Management Limited v Towers [2010] EWHC 2440 (Ch) – Directors’ duties and fiduciaries.
• Berryland Books v BK Books & ors [2009] 2 B.C.L.C. 709 – directors’ duties, civil fraud, publishing and copyright, and accessory liability.
• Markel & QBE v SGC & ors [2009] Lloyd’s Rep IR 77 – Surety bonds, insurance binders, civil fraud & directors’ duties (also [2008] EWHC 3087 (Comm) & [2009] EWCA Civ 790).
• Buncefield [2008] EWHC 2218 (Comm) – disclosure obligations, specific disclosure and pre-action reports.
• RBS Invoice Finance Ltd v Karia [2008] All ER (D) 131 (May) – civil fraud, freezing injunctions and factoring.
• Crowson Ltd v Concept Ltd [2008] F.S.R. 17 – civil fraud, directors’ duties, confidential information, and database rights.
• Hart v Larchpark & Fidler [2008] 1 BCLC 589 – security for costs.
• Schmid v Fortmann [2007] All ER (D) 107 (Oct) – civil fraud and resulting trusts.
• Hart v Larchpark & Fidler [2007] BLR 30 – Adjudicator’s jurisdiction under the 1996 Act (written contracts and time limits), stays under the insolvency rules and default judgments.
• Bennett (Electrical) Services v Inviron [2007] EWHC 49 (QB) – Adjudicator’s jurisdiction under the 1996 Act (written contracts).
• ALE v MSD [2006] EWHC 2080 (TCC) – Adjudicator’s jurisdiction under the 1996 Act (written contracts and estoppel) and insolvency.
• Catlin Estates Limited v. Carter Jonas [2006] PNLR 273 – Building surveyors, title to sue, and professional negligence.
• Margate Theatre Trust v. White (t/a A1 Moling Services) & AXA [2006] Lloyd’s Rep IR 93 – scope of insurance and deemed knowledge of insurer on specialist business.
• Mirant Asia-Pacific Construction (Hong Kong) Limited and others v. Ove Arup & Partners International Limited and others [2005] PNLR 10 – Engineers professional negligence, assumption of responsibility and concurrent contractual and tortious duties.
• Item Software v. Fassihi and others [2003] 2 B.C.L.C. 1 (Ch Div) & [2005] 2 B.C.L.C. 9 – Directors’ duties, confidential information, and theft of database (CA).
• Re Cooling Equipment Wholesale Ltd [2002] 2 B.C.L.C. 745 – Compulsory winding up petition and sale of goods.

Selected Cases

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