Senior Practice Manager
Practice Manager
Assistant Practice Manager
Ben Waistell is an experienced commercial and chancery junior with particular experience in civil fraud and asset recovery exercises, commercial litigation (including aviation, telecoms, international sale of goods, and energy), shareholder and partnership disputes, international arbitration, and financial services.
In recent years Ben has also developed a strong media practice in music, entertainment, and related IP disputes.
A large proportion of Ben’s work has an international or offshore element, and he has a particular interest in the conflict of laws and enforcement issues these raise. Notably he acted in Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2023] CA (Bda) 13 Civ (led by Lord Falconer KC, Steven Thompson KC, and Sebastian Isaac KC), a leading common law authority addressing the applicable law for misrepresentation claims and various aspects of the doctrine of renvoi. He has been instructed to advise and/or act in relation to the DIFC, the Astana International Financial Centre, the Abu Dhabi Global Markets Court, Bermuda, Cayman, Jersey, Guernsey, BVI, the Singapore International Commercial Court, and LCIA, DIFC, LMAA, ICC, ICSID, and ad hoc arbitrations.
Ben is a robust advocate who relishes trials and heavy interlocutory applications, both led and unled. He is regularly instructed against far more senior opponents. Ben has repeatedly succeeded in crafting and obtaining unusual or ambitious relief, where required by the client. This has included unusual orders for interim declarations of beneficial ownership, an order for immediate repayment of the fruits of a fraud on an interim injunction application, bespoke injunctive relief in relation to social and digital assets, and the recent obtaining of summary judgment on the issues in a US$3.8m unjust enrichment claim where a set-off was found to be the only viable defence. Adept at suiting his advocacy style to the situation and the tribunal, Ben is known for fearlessly representing his clients’ interests and presenting bold submissions as straightforward solutions.
Judges have repeatedly complimented Ben on his “excellent” and “first rate” skeleton arguments and oral submissions. Clients have reported that his “handling of the case was just excellent”, praised him on his “outstanding” written work, and thanked him for going “above and beyond” for them. Silks describe his written work as “excellent” and “highly impressive”, praising him as a “brilliant” junior who “works like a Trojan”.
In addition to being led on high profile litigation, he is currently instructed as sole counsel on various 7-figure matters including a USD 6m energy and shipping dispute, an LCIA arbitration concerning ownership of a multi-million-dollar international mining group, a USD 2m claim for breach of fiduciary duty against an experienced corporate director, and by 31 claimants on a claim in respect of an alleged financial products mis-selling scheme.
Highlights of his recent work include:
Ben is a contributor to the Sweet and Maxwell title Crypto and Digital Assets Law and Regulation, is a member of the Crypto Fraud and Asset Recovery network (CFAAR) and is a member of the executive committee of the Financial Services Lawyers Association (FSLA).
Ben is regularly instructed to act for and against bands and other musical artists, managers, record companies, media groups, and talent agencies. His media expertise includes IP issues (in particular copyright, performers’ rights, goodwill, and passing off), protection of social and digital assets, management and agent disputes, issues with the structuring of trading entities and assets, and general commercial disputes in the media sector. Ben is a contributor to the Sweet and Maxwell title Crypto and Digital Assets Law and Regulation.
Ben’s aviation practice sits alongside his broad international commercial disputes and arbitration practice. He has been instructed to act or advise in proceedings relating to maintenance disputes, financial and leasing disputes, detention rights, and has substantial experience of various carriage by air claims. See also the article “Turbulence in the aviation sector” on the impact of COVID on aviation to which Ben contributed [April 2020].
Ben is regularly instructed both for and against financial institutions in a range of matters including financial instruments and contracts (including swaps, hedging products, letters of credit, buyer’s credits, SIPs, guarantees, various forms of credit agreements), investment and other financial fraud, contentious financial regulatory disputes, advising on financial regulation, and general commercial disputes in the banking and finance sector. Ben is a member of the executive committee of the Financial Services Lawyers Association (FSLA).
Ben particularly relishes civil fraud claims and asset recovery exercises, in relation to which he has acted and advised both claimants/applicants and defendants/respondents across the broad asset recovery toolkit of causes of action and procedural measures. He has experience advancing and defending claims relating to the relevant civil fraud causes of action including constructive trusts and equitable remedies (including tracing), deceit (including implied misrepresentations), conspiracy, conversion, applications under the Insolvency Act, and unjust enrichment. This has included freezing injunctions and proprietary injunctions, Norwich Pharmacal and Banker’s Trust orders, contempt of court issues, gagging orders, interim declarations, conversion and delivery up, and bespoke orders crafted in relation to social and digital assets.
Ben also has an academic interest in this area, having researched the law of tracing and unjust enrichment at post-graduate level under the supervision of Professor Charles Mitchell. He has delivered both conference talks and in-house presentations on the topic and welcomes the opportunity to do so again.
Commercial litigation forms the heart of Ben’s practice, which encompasses a broad range of industry sectors and practice areas from aviation to telecoms and energy to media. Ben is regularly instructed to act or advise in relation to complex issues of contractual interpretation, and he is frequently instructed as sole counsel against far more senior opponents. He thrives in all forms of commercial work from junior briefs on heavyweight commercial litigation (in various jurisdictions and arbitrations), to heavy interlocutory skirmishes, and a stream of High Court, 7-figure unled commercial work.
Banking and Finance
Sale of Goods
(the next section also relates to sale of goods contracts and disputes)
Aviation, Shipping, Energy, and Natural Resources
IT and Telecoms
Media and Entertainment
General Commercial Litigation
Ben is regularly instructed in relation to company disputes (particularly shareholder disputes) and to advise boards on creative options for achieving a given result without resort to litigation. He also has experience of a wide-variety of applications under the Companies Act and in relation to corporate insolvencies (both of domestic and overseas companies).
Shareholder Disputes and Director Duties
Ad hoc Advice
Companies Act Applications and Corporate Insolvency
Ben is a contributor to the Sweet and Maxwell title Crypto and Digital Assets Law and Regulation, is a member of the Crypto Fraud and Asset Recovery network (CFAAR).
He has delivered both conference talks in this area, including on Cryptocurrencies and civil fraud, cryptocurrencies and trusts, and the international regulation of cryptocurrencies. He welcomes the opportunity to provide further talks in this area, including by way of inhouse presentations.
See also Ben’s article “Cryptocurrencies and Civil Fraud Practice – Questions in a Developing Area” exploring issues cryptocurrencies raise in the civil fraud practice.
His experience includes:
A significant element of Ben’s commercial practice involves work in the energy, oil and gas, and natural resources sectors. Prior to commencing practice, Ben completed a placement in the global disputes department of an oil and gas major, during which time he was involved in running a full range international oil & gas disputes, including work with upstream teams, decommissioning fields, JV disputes, shipping disputes, crude, natural gas, and LNG disputes, international arbitrations, international corporate structuring, and parent companies’ alleged liability for subsidiaries.
Ben’s practice has always involved work in the insolvency area, including a broad variety of applications and claims under the Insolvency Act and advice on insolvency-related issues for companies, LLPs, and in asset recovery exercises. He has experience in dealing with insolvency issues relating to domestic companies, overseas companies, and LLPs, acting both led and unled.
Ben has experience across all the major arbitral institutions (including DIFC, ICC, ICSID, LCIA, LMAA, UNCITRAL) and of ad hoc arbitrations. He has acted, both led and unled, in both domestic and international arbitrations across subject matters including aviation, civil fraud, international trust disputes, energy and natural resources, shipping and sale of goods, and investor-state arbitrations. He also has experience of jurisdiction challenges, challenges to arbitral awards under the Arbitration Act 1996, enforcement of arbitral awards both domestic and international.
Much of Ben’s work has an international element and he has substantial experience of advising and constructing arguments on difficult conflict of laws issues. He is frequently instructed to advise in relation to complicated issues of jurisdiction, applicable law, enforcement, and conflict of laws rules under various regimes. Some examples include: the doctrine of renvoi, the governing law of a pre-Hague Convention trust, challenging abuse of the anchor defendant jurisdictional gateway, conflicting prior judgments of foreign courts, the effect of the Rome II Regulation on amendments to foreign law claims, and the applicable law for a claim in conspiracy, and the post-Brexit position on various issues of jurisdiction and enforcement.
Ben has undertaken secondments in the global litigation team of an oil and gas major as well as in leading offshore firms in Jersey. In addition to his commercial litigation and international trusts litigation practice, these experiences have given him significant exposure to conflict of laws issues and differing offshore regimes.
Ben has a strong practice across the breadth of trust and estates litigation, including contentious probate, advising trustees and beneficiaries on myriad issues arising under trusts, challenging wills and trusts, and heavyweight international trust litigation. Ben has experience of acting or advising in relation to trusts engaging a variety of jurisdictions, including Jersey, Guernsey, Bermuda, Cayman Islands, Bahamas, the BVI, and Singapore. In particular, Ben has undertaken secondments at leading offshore firms in Jersey in which he has primarily undertaken work in relation to trusts and other private client disputes.
Commercial litigation
Legal 500
‘Ben’s advocacy is well-prepared, thoroughly researched, well-delivered, and measured. His written work is also excellent, including both pleadings and skeleton arguments.’ (2025)
Fraud: civil
Legal 500
‘A junior with a robust and sensible style.’ (2025)
Ben regularly provides seminars and lectures, at conferences or as in-house presentations. He is very happy to talk on any subject within his practice areas. He has previously given talks on topics including:
