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Ben Quiney QC

Call 1998 • QC 2014

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

Product Liability

Ben regularly works on technical cases involving defective products. His main focus is on disputes where products have failed causing financial losses. For example, he often deals with claims in a sale of goods context or where defective products cause damage to buildings and plant, such as by fire or flood. Ben has dealt with cases covered by most standard form contracts and often has to deal with issues relating to limitations and exclusions.

Selected Cases

  • Boots v Schneideris acting 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).
  • 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).
  • Bembridge Marine v Allen & ors [2012] EWHC 2213 (TCC), Ben defended the supplier of bolts and gratings in a £7m sale of goods claim in the TCC. The case raised issues of contractual formation, sale of goods, and limitations of liability. He succeeded in enforcing ASD’s limitation of liability clause in its standard contract terms, which was found to cap the recoverable damages at £705 rather than £7million (DAC Beachcroft).
  • 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).
  • An Arbitration – Ben acted for a contractor on a very large PFI hospital project involving the installation of many miles of pipework. Amongst the complex issues in the dispute was the manufacture and quality of the pipework.
  • An Arbitration – Ben is acting for a large engineering multi-national with respect to a dispute as to the construction of various power stations. Numerous complex disputes have arisen, including the manufacture and construction of key elements of each of the power stations and the necessary mitigation works.
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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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