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Ben Quiney QC

Call 1998 • QC 2014

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

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 Schneider – is 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. The complex and multi-party 6 week trial is listed for Autumn 2018 in the TCC (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).
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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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