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Ben Quiney QC

Call 1998 • QC 2014

"An absolute star of the Insurance World."
(Legal 500 2020)

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.

Selected Cases

  • 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).
  • St Vincent European General Partner Ltd v Robinson [2018] EWHC 1230 (Comm) & [2018] EWHC 1442 (Comm) – Ben is acting for property advisers involved in the multi-million pound sale of commercial properties in Poland. The Claimant alleged that various parties had been involved in breaches of fiduciary duty, sales at under value, breaches of contract and an unlawful means conspiracy. This involved unsuccessful applications to join a number of additional Defendants, including Ben’s client (Mills & Reeve).
  • ICC ArbitrationBen acted for an importer of rock salt in a £million+ arbitration dealing with documentary credits and force majeure clauses (Rustem Guardian).
  • LMMA ArbitrationBen acted for an importer in a multi-million pound international sale of goods dispute (Rustem Guardian).
  • MPA v HPI (2017, BVI) – Ben was instructed in enforcement proceedings in the BVI Courts arising from a multi-million dollar Panamanian Arbitration award determining a dispute involving the operation of an Ecuadorian Port (Appleby).

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); and
  • 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)
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Qualifications


  • Birkdale School, Sheffield
  • BA (Hons) in Law – First Class, University College, Oxford
  • Tax Trainee with Ernst & Young
  • BCL, University College, Oxford
  • Admitted to Gray’s Inn, Lord Birkenhead Scholarship
  • Inns of Court School of Law
  • Called to the Bar
  • Tenant at Crown Office Chambers (previously One Paper Buildings)
  • Appointed QC
  • Called to the BVI Bar

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

Recommendations


“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

“Very calm, very intelligent, highly responsive, fun to deal with and a good strategist.”

Chambers & Partners, 2018

“He is very dedicated, always on top of the details and very pragmatic.”

Chambers & Partners, 2018

“He is excellent, very good at what he does and particularly good at difficult coverage cases.”

Chambers & Partners, 2018

“Ferociously intelligent but at the same time very down to earth and approachable.”

Legal 500, 2017

“Particularly good at oral advocacy.”

Chambers & Partners, 2017

“His client care is excellent and he’s always open to new ideas.”

Chambers & Partners, 2017

“He has great attention to detail, is very tenacious and very bright.”

Chambers & Partners, 2016

“Extremely user-friendly – very clear in the way that he explains things.”

Chambers & Partners, 2016


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