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Ben Quiney QC

Call 1998 • QC 2014

"clever, practical and easy to work with."
(Legal 500 2016)

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 FCBen 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) and [2019] EWHC 591 (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).
  • Internovia Litigation Ben is acting for companies in a multi-million pound complex shareholder dispute regarding mines in Brazil in the Commercial Court (Candey Parker).

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)
    • SDI v Rangers FC [2018] EWHC 2948 (Comm) and [2019] EWHC 207 (Comm)
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Qualifications


  • 1984 – 1991 Birkdale School, Sheffield.
  • 1991 – 1994 University College, Oxford. BA (Hons) in Law – First Class.
  • 1994 – 1995 Tax Trainee with Ernst & Young
  • 1995 – 1996 University College, Oxford. BCL.
  • 1996 Admitted to Gray’s Inn. Awarded the Lord Birkenhead Scholarship.
  • 1996 – 1997 Inns of Court School of Law.
  • 1998 Called to the Bar.
  • 1999 Tenant at Crown Office Chambers (previously One Paper Buildings).
  • 2014 Appointed QC
  • 2017 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; insurance claims; fire and disaster claims; bonds & guarantees; expert evidence; conflicts of interest; privilege and the law of evidence; damages; the new Companies Act 2006; directors’ duties; interim commercial remedies; restrictive covenants; and the Law Commission reform of Insurance Law.

Memberships


  • COMBAR
  • LCLCBA
  • TECBAR
  • PNBA

Recommendations


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

Legal 500 2017

“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

“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

“He is incredibly bright, he gets to the kernel of the problem very quickly. He is very practical and pragmatic in his approach.”

“He is an ingenious lawyer, and one of those practitioners that just loves the law.”


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