Property Damage
Benedict has experience in a wide range of property damage matters arising out of fire, flood, road traffic accidents and other incidents. Much of his advisory work involves subrogated recovery claims.
Recent work includes:
- Escape of water – drafting a Defence on behalf of a plumber who had allegedly failed to properly insulate a copper pipe which burst and caused £50,000 worth of water damage to a primary school.
- Fire – Advising on the application of Berni Inns to a lease in a subrogated claim following a fire at a quasi-charitable social housing property which had been started by a third party.
- Flood – (during pupillage) assisted Ben Quiney KC and Alex Macpherson in a claim arising out of a flood at a luxury London property development. Issues included the availability of a co-insured defence to a sub-contractor where the main contractor had taken out all-risks project insurance.
- Fire – (during pupillage) advising on a prospective subrogated claim concerning a defective switchboard component which caused a fire at a domestic property. A claim under the Consumer Protection Act 1987 was time-barred and the advice concerned which parties to pursue out of the component’s manufacturer, retailer, installing electrician, and maintaining electrician.
- Vermin – (during pupillage) drafted a Defence on behalf of a self-storage company in a claim involving a vermin infestation which led to the Claimant’s stored property being damaged and contaminated with droppings.
- Fire – (during pupillage) advising on the merits of a prospective subrogated claim where an insured’s leisure centre was heavily damaged by fire seemingly caused by a sub-contractor during hot roofing work.
- Fire – (during pupillage) advising an insurer on quantum in a claim brought by an insured for an indemnity after its private psychiatric ward burnt down. Involved issues of compensating advantages/collateral benefits and betterment, as the ward the insured proposed to reinstate would have been more profitable than the destroyed ward.
Selected Cases
View full profile »Awards
- Academic Scholarship, Oriel College (2017-2019)
- Oriel College Prize for Finals results (2019)
- Finalist (top 12 of over 100 essays), Times Law Awards (2020)
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Qualifications
- BA Jurisprudence (Double First, 9/250 in cohort); Oriel College, University of Oxford
- Bachelor of Civil Law (Distinction); Oriel College, University of Oxford
- Bar Vocational Studies (Distinction); City, University of London
