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

• 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.
• SDI v Rangers FC – Ben is acting for Rangers Football Club in a long running dispute between it and Sports Direct. This raises issues relating to the interpretation of a distribution agreement and the appropriateness of injunctive relief, [2018] EWHC 2948 (Comm), [2019] EWHC 207 (Comm), [2019] EWHC 591 (Comm) and [2019] EWHC 1929 (Comm) (Mills & Reeve).
• Project Angel Bidco v Various Lloyd’s Syndicates – 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. 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 [2023] EWHC 2649 (Comm) (DACBeachcroft)
• ICC Arbitration – Ben acted for an importer of rock salt in a £million+ arbitration dealing with documentary credits and force majeure clauses (Rustem Guardian).
• LMMA Arbitration – Ben acted for an importer in a multi-million pound international sale of goods dispute (Rustem Guardian).

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

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