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Ben Quiney QC

Call 1998 • QC 2014

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

Professional Liability

He has advised upon and dealt with a variety of professional negligence cases, including those involving accountants, tax consultants, lawyers, insurance professionals, construction professionals and emerging professions.

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

Selected Cases

    • Perry v Raleys Solicitors [2017] P.N.L.R. 27 – Ben is acting as part of the team defending the series of claims arising from the alleged under-settlement of miner’s VWF claims by, amongst others, Raleys solicitors. Perry is a key Supreme Court decision reviewing important issues for solicitors’ negligence. It deals with the test for lost chances and honesty, the principles in Allied Maples, and questions of the Court of Appeal’s jurisdiction (BLM).
    • The Ingenious Litigation Ben is acting for accountants in the Ingenious Litigation, which is one of the Lawyers Top Cases of 2018. It is a class action of 100s of high net worth individuals arising from a £1.5bn tax management fund. The claims are varied and complex. The Claimants are a number of investors in Ingenious Media’s film/game investment partnerships who are seeking recoveries after allegations of tax avoidance by HMRC and adverse findings in the Tax Tribunals. The action centres on the claim that investors were assured that these partnerships were entirely legitimate trading businesses seeking to make profit through financing films and video games, such as Avatar. Liabilities that have arisen from the decisions of HMRC and the Tribunals are alleged to exceed £500m. The Defendants include tax advisors, accountants and banks. The case is being managed by Morgan J in the Chancery Division (Kennedys).
    • Brokers Negligence – He regular acts for and against Insurance Brokers. Recent cases have included:
      • Ram Recycling v DRC and ors [2012] EWHC 1736 Comm, [2012] EWHC 2464 (Comm) & [2012] EWHC 2757 (Comm) was a multi-party dispute in the Commercial Court dealing with issues relating to broker’s and sub-broker’s negligence, breach of warranty of authority, and coverage.
      • British Gymnastics v Zurich, Brit & Perkins Slade [2017] EWHC 2500 (Comm) – 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.
    • Accountants’ Negligence – Ben is acting for a number of accountants in different large value claims facing allegations ranging from failures to advise with respect to large financial investments for high net worth lottery winners to the management of Inland Revenue investigations (and COP9). This includes various tax management schemes arising from property, film finance, and investment schemes. Before coming to the Bar Ben worked at Ernst & Young.
    • IFAs and Investment Schemes – He has advised on and acted in various cases involving investment schemes, tax management schemes, and related investment advice. This has included property investments, film finance schemes and various corporate re-structuring issues. Ben is currently involved in the Ingenious litigation.
    • BPC Hotels Ltd v Wright Hassall LLP [2016] EWHC 1286 (TCC) Ben successfully struck out a claim raising allegations of solicitors’ and barrister’s negligence. This was based on the scope of retainer and issues of causation (BLM).
    • Construction Professionals – Ben regularly acts for all types of construction professionals. Recent cases have included:
      • Services engineers: Carillion Construction Ltd v Woods Bagot Europe Ltd [2016] B.L.R. 382 & [2017] BLR 203); Structural engineers: Bloom v Fluid [2018] EWHC 1266 (TCC) & Mirant Asia-Pacific Construction (Hong Kong) Limited and others v. Ove Arup & Partners International Limited and others [2005] PNLR 10;
      • Fire safety engineers: Howmet v EDL & ECS 157 Con. L.R. 1 & [2016] B.L.R. 555 & Cadbury v ADT [2011] BLR 661, [2012] BLR 441 & 145 Con. L.R. 147);
      • Surveyors: Bank of Ireland v Phillip Pank Partnership [2014] EWHC 284 (TCC & Catlin Estates Limited v. Carter Jonas [2006] PNLR 273; and
      • Architects: Maribo v CZL.
      • Technical Auditors: Liberty v Campagna (2011) 27 Const LJ 275
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Qualifications


  • Birkdale School, Sheffield.
  • University College, Oxford. BA (Hons) in Law – First Class.
  • Tax Trainee with Ernst & Young
  • University College, Oxford. BCL.
  • Admitted to Gray’s Inn. Awarded the 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.

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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