Ben is a tenacious and pragmatic commercial litigator. He helps businesses, high net worth individuals and not-for-profit organisations to understand their rights and obligations and to resolve disputes through negotiation and other forms of ADR and through litigation.
Ben is a partner in Farrer & Co's Commercial Litigation department. He advises on a wide range of contentious matters, including commercial contract disputes, shareholder disputes, professional negligence, civil fraud and regulatory issues.
Disputes are an inevitable part of life but they can be an unwelcome and costly distraction for businesses and individuals alike. From the first stages of a dispute Ben focusses on what his clients want to achieve, on the merits of their position and on the appropriate strategies for achieving their goals.
In many cases the initial focus will be on exploring whether a dispute can be resolved on mutually acceptable terms, whether through negotiation or other forms of alternative dispute resolution such as mediation. However, where legal or commercial imperatives mean that litigation is the client's best option, Ben has significant experience of all stages of the process, from initial pre-action correspondence up to and including trial. Ben frequently advises on cases in the High Court, Court of Appeal and Supreme Court. He has recently successfully overturned a High Court judgment in the Court of Appeal in a multi-million pound professional negligence claim.
Whilst commercial litigation is at the core of Ben's practice he also has a special interest in safeguarding issues. He advises schools and national governing bodies on dealing with allegations and claims arising out of recent and non-recent sexual abuse. He is also advising a number of witnesses on their evidence to the Independent Inquiry into Child Sexual Abuse.
Ben was recognised in the 2017 Legal 500 guide for commercial litigation.
Ben is a member of London Solicitors' Litigation Association and Association Internationale de Jeunes Avocats. He frequently writes and speaks on litigation issues.
Ben speaks fluent French.
- Iain Barker v Paul Baxendale-Walker & Anor  EWCA Civ 2056
- Iain Barker v Paul Baxendale-Walker & Anor  EWHC 664 (Ch)
- R (on the application of) The Church Commissioners for England v Hampshire County Council & Anor  EWCA Civ 634
- Merchantbridge & Co Ltd & Anor v Safron General Partner 1 Ltd  (Comm)
"Off the Record" But Not Off the Hook: The Supreme Court Criticises HMRC for Disclosure of Confidential Information to the Press, as written for and published in Entertainment Law Review, February 2017.