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Ben Quiney QC

Call 1998 • QC 2014

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

Insurance & Reinsurance

He advises upon and litigates all insurance related disputes, including: D&O, PI, PL & EL, product liability, and Warranty and Indemnity policy disputes; dealing with insolvent insureds and insurance companies; subrogated recovery claims (including disaster claims); all coverage issues (including non-disclosure, notification, moral hazard, and warranty cases); and issues of scope of cover, such as business interruption. Insurance issues frequently arise in all other areas of Ben’s practice, such as Professional Negligence and Construction.

Ben has wide experience of arbitrations and has acted in ICC, DIA, LCIA, LMAA, ARIAS, SIAC, and ad hoc arbitrations.

In the latest edition of Legal 500 and Chambers and Partners he is identified as a Leading QC in Insurance.

Selected Cases

  • Wheeldon v Millennium Insurance [2017] BLR 234, [2018] Lloyd’s Rep. I.R. 693 and [2019] 4 WLR 56 – Ben successfully represented a recycling company seeking to recover insurance monies due to a fire, which raises issues of coverage, warranties, the recycling industry and technical evidence. The decision in the Court of Appeal is now the leading case on how the Court will approach appeals from the TCC [2019] 4 WLR 56 (Trowers Hamlin).
  • British Gymnastics v Zurich, Brit & Perkins Slade – 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. In addition there was a particular dispute as to the placing and management of excess cover, which Ben successfully argued could not be added as new allegations to the claim close to trial; British Gymnastics v Zurich, Brit & Perkins Slade [2017] EWHC 2500 (Comm). (Mills & Reeve)
  • Curzon Capital v Pembroke Managing Agency, Ben acted in an insurance dispute arising from various warranties provided on a multi-million euro asset purchase involving a shopping centre in Vienna, which raised coverage arguments, technical evidence and issues of Austrian law (CMS).
  • LIBOR – Ben acted in an ICC arbitration for a trader facing prosecution arising from the well-publicised alleged Libor manipulation on issues arising from available D&O cover (Fenchurch Law).

Fire, Flood and other Disaster Claims

Ben has extensive experience of very large fire claims and disaster litigation. These claims often deal with difficult technical evidence and raise complex issues of business interruption and causation. He has been involved in TCC and Commercial Court multi-million pound litigation arising from major fires such as: Primark v Magna, Cadbury v ADT, Southwark v Greenacre, Howmet v ECS, Wheeldon v Millennium Ins, CPG v Great Lakes, V A Laundry v Sterling Ins, Boots v Schneider, NGS v Covea & Riverdale, 2 Entertain v Sony, and National Trust v TFT and Cuffe. He was part of the team of Counsel working on the Buncefield litigation for Total, including dealing with the disclosure dispute in that litigation; [2008] EWHC 2218 (Comm). He advises on both the coverage and recovery elements of this category of cases.

D&O Insurance

Ben is regularly instructed to advise and act on disputes dealing with Directors and Officers policies. Ben has particular expertise in this area as a result of his experience with Directors’ Duties cases. Recent cases have included:

  • A coverage dispute arising from alleged wrongful trading activities in the green energy market.
  • Issues arising from directors disqualification proceedings and alleged wrongful trading in the running of a major charity.
  • A dispute relating to whether defence costs should be indemnified in a long running financial fraud case.
  • Coverage issues arising from US Securities prosecutions involving Russian nationals in the energy sector.
  • Coverage arising from a major disaster and associated inquiries.

Professional Indemnity Claims

Ben regularly advises on all issues connected to professional indemnity disputes. Recent work includes:

  • Advice on aggregation of claims arising from various conveyancing transactions.
  • Advice on the inter-relationship between contractual and non-contractual exclusions.
  • Advice on the scope of cover for IFAs.
  • Advice on the effective of a deliberate or reckless act of a professional on cover.
  • Advice on the impact of US claims on the management of the Lloyd’s Market and Lloyd’s brokers.

Construction Insurance

Ben frequently advises on insurance disputes arising from construction projects. This includes claims and recoveries. Ben has particular experience with CAR policies (including LEG3 and DE5 wordings) and professional indemnity cover. Recent projects he has acted on include:

  • Coverage issues arising from a large PFI Hospital project.
  • CAR and PI coverage issues with respect to multiple power stations across Europe.
  • Professional Indemnity and CAR claims following the modernisation of a major railway system.
  • Coverage issues arising from landlord’s claims following a major fire in a South London nightclub.
  • Coverage issues arising from a prestigious University project including CAR and LEG3 issues.
  • Recoveries arising from fires on various projects, including a major National Trust Property.
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Events


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


“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

“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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