Ben is a commercial litigator, qualified in both England & Wales and Scotland, who advises a number of large businesses in relation to a variety of disputes, in particular complex contractual claims and IT-related disputes. This includes acting for clients involved in litigation and other forms of dispute resolution as well as proactively advising on potentially contentious matters before a formal dispute arises.
As well as having strong legal analytical skills, Ben takes a highly commercial approach to disputes, making sure he understands his client's objectives at the outset of each case, in order to determine a strategy to achieve the best possible result. He always fights tenaciously for his client’s interests.
Recent matters that Ben has worked on include:
- Representing an enterprise IT services company in a number of disputes with large customers. Notable cases include:
- Two multi-million pound claims by public sector customers (an NHS Trust and a Government Department) for alleged serious service failures, which were both settled following mediation on commercial terms that minimised the client’s financial liability while preserving the relationships with the customers;
- A claim against a main contractor for failure to provide work pursuant to a sub-contract. The dispute was settled following mediation, with a substantial settlement sum being paid to the client.
- Acting for a managed office space provider in a service charge dispute with a landlord, including taking an appeal to the Inner House of the Court of Session;
- Defending an oil exploration company in a Commercial Court action raised by a joint venture partner, claiming that the client had forfeited its interest in the joint venture (a petroleum exploration and development licence). After defeating an application for summary judgment, a settlement was reached on commercial terms;
- Representing a petroleum company in a claim against a contractor for damage to a large quantity of its product.
- Acting for an energy sector client in a multi-million pound dispute regarding breach of confidence and infringement of database rights, culminating in a two-week trial in the High Court. Ben played a pivotal role in preparing the case for trial in only a few months, including coordinating a large electronic disclosure exercise, interviewing more than a dozen witnesses, instructing an expert forensic accountant and assisting Counsel before and during the trial.
Ben trained with Shoosmiths and qualified as a solicitor in England & Wales in 2010. In 2013, he also was admitted as a solicitor in Scotland. He is now a senior associate in Shoosmiths’ Dispute Resolution and Compliance team. Although based in Edinburgh, he works throughout the UK.