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Ben Waistell is a leading commercial senior junior, an advocate with “a robust and sensible style” (Legal 500).

He has particular experience and expertise in civil fraud and asset recovery exercises, general commercial litigation (including aviation, banking, tech, international sale of goods, and energy), company law and corporate insolvency, shareholder disputes, international arbitration, and financial services. In recent years Ben has also developed a strong media practice in music, entertainment, and related IP disputes.

He is ranked as a leading junior in the leading legal directories for Commercial Litigation; Fraud: Civil; and Insolvency. Clients praise him for being “Sharp, knowledgeable and pragmatic” and that he “drafts to the point and provides direct advice”.

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Ben’s expertise in civil fraud and interim relief means he is regularly instructed, whether as sole counsel or led, to seek or oppose urgent injunctive relief including: freezing injunctions and proprietary freezing injunctions;  Chabra injunctions, asset disclosure orders, notification orders and other orders ancillary or akin to freezing injunctions; Norwich Pharmacal, Bankers Trust and pre-action disclosure orders; anti-suit injunctions; and various forms of ad hoc or bespoke urgent injunctions, particularly in relation to tech disputes, digital assets, and shareholder 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 has been engaged from trial to the Privy Council and beyond in Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2026] AC 533 – the leading authority on inducement in deceit/misrepresentation and the common law choice of law rules. 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, St Kitts & Nevis, the Singapore International Commercial Court, and LCIA, DIFC, LMAA, ICC, ICSID, and ad hoc arbitrations.

Ben is a “junior with a robust and sensible style” who relishes trials and heavy interlocutory applications, both led and unled. He is regularly instructed against far more senior opponents and silks. “Ben’s advocacy is well-prepared, thoroughly researched, well-delivered, and measured. His written work is also excellent, including both pleadings and skeleton arguments.”

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).

Expertise

Ben has developed a strong practice in Media, Entertainment, Sport, and other IP disputes.

In particular, 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 also developing a sports practice, having been instructed in two high profile references concerning a global sporting championship.

His experience includes:

  • Bad Boy Chiller Crew v House Anxiety (23.07.2025, Thompsell J): Successfully obtained summary judgment on the termination of a recording agreement, enabling the no.2 album-producing bassline collective to recommence recording and touring after c.2 years.
  • LCIA Sports Arbitration (2024-2025): Successfully defeated claims to enter high profile global sports championship and/or 9 figure USD damages over two separate arbitral references. Successfully opposed attempts to rescue the remedies by bringing new claims on the basis that the tribunal was functus officio and that a second reference was a Henderson v Henderson abuse of process (First Reference: led by Marie Demetriou KC and Tim Johnston; Second Reference: led by Huw Davies KC)
  • Powell v Hill: High-profile dispute between two members of the famous British rock band, ‘Slade’.
  • Confidential Hollywood Film Financing Dispute: Advising on alleged breaches of financing agreements for a Hollywood film, including advice on obtaining anti-suit injunctions against Californian proceedings and enforcing security of assets including the master tape (led by Robert Levy KC).
  • Kelly-Marie Smith v Kesi Dryden & Ors [2021] EWHC 2277 (IPEC): Acting for the Claimant on various interlocutory applications in relation to this landmark copyright case in relation to alleged copying of Rudimental’s 2013 No.1 song: ‘Waiting all night’.
  • LCIA Arbitration (2025-2026): Commercial and IP dispute concerning a high profile London hotel and restaurant franchise.
  • Robert Nerves & Ors. v Believe SA: Acting for the claimant in a copyright claim against a French publishing and distribution company.
  • Re Bullet for My Valentine: A wide-ranging dispute arising out of the partial break-up of the heavy metal band.
  • Re Bad Boy Chiller Crew: Obtaining injunctive relief against and pursuing a former manager for alleged misappropriation of the bassline collective’s assets (including social and digital assets).
  • ATL Entertainment Ltd v Miss La Familia : Obtaining judgment on a management dispute and a claim for outstanding commissions arising out of the artist’s signing of an exclusive recording agreement.
  • Lloyd v Kruger [2018] EWHC 2011 (Comm): Dispute arising out of the sale of a media company, involving allegations of fraudulent misrepresentation as to the company’s assets, including its ownership of relevant IP and masters (led by Sarah Bayliss).
  • Acting and advising on a claim for rescission, procuring a breach of contract, and debt in relation to a media talent management agreement regarding a well-known DJ (led by Sarah Bayliss).
  • Advising a national media group in relation to a dispute with its distributor of national newspapers.
  • Advising on the construction of a consignment agreement regarding a multi-million pound painting (led by Edward Cumming KC).

In addition to the above Ben has acted on various music disputes including IP issues (in particular copyright, goodwill, and performers’ rights), management, agency and general disputes in relation to bands and rap artists. He has also advised on matters in relation to allegedly misappropriated documents or information, concerning privacy, confidentiality, copyright, and database rights. In particular, Sinel v Hennessy [2018] JCA 095; [2018] JRC 007 (led by Edward Cumming KC), an important decision regarding the law of Jersey on these issues.

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.

Examples of work in this area include:

  • Avolon Aerospace (Hamilton) Aoe 1 Limited & Ors. v Lloyd’s Insurance Company & Ors. (and 5 connected cases): instructed to advise and provide expert evidence in relation to the multi-jurisdiction insurance disputes arising from the Russian Aviation litigation (led by Stephen Moriarty KC).
  • LCIA Arbitration: USD 25m aviation maintenance dispute (led by Edward Cumming KC).
  • Advising on a £1.75m restitution claim under a sale and purchase agreement for a Leonardo AW139 aircraft.
  • Advising on a potential claim relating to allegedly defective aircraft parts.
  • Advice in relation to detention rights under s. 88 Civil Aviation Act 1982.
  • Assisting on a multi-million pound claim for debt and liquidated damages under a wet lease (with Steven Thompson KC) .
  • Acting on various claims for compensation under EU Regulation 261/2004.
  • Advising on the Montreal Convention in respect of the limitation of consumer claims.

Ben co-authored the article “Turbulence in the aviation sector” which discusses the impact of COVID on aviation.

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).

His experience includes:

  • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2026] AC 533: USD607m investment fraud dispute relating to the fraudulent mismanagement of various Swiss bank accounts, held through offshore structures. The case involved disputes about the contractual terms, fiduciary duties, fraudulent misrepresentations, various conflict of law issues, and a week of detailed financial expert evidence concerning both investment management strategy and forensic accountancy. The decision of the Privy Council is now the leading case on the requirement for awareness as part of inducement in the tort of deceit and misrepresentation (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC).
  • Confidential FCA investigation / enforcement: Advising a UK firm in relation to an ongoing FCA investigation. Allegations that a 20 year business has been unlawfully offering and carrying on regulated activities under UK financial regulation without authorisation.
  • Various Claimants v Options UK Personal Pensions LLP: Sole counsel for 31 claimants in a circuit commercial court claim arising out of alleged mis-selling of financial products and services. Includes claims for breach of various regulatory duties and for compensation for breach of the general prohibition under s.19 FSMA.
  • Enforcement of Sri Lankan Arbitration Award: Resisting enforcement in England of a c. USD 1.7m arbitration on the basis that it would be contrary to public policy in light of the underlying agreement being unauthorised and unlawful under FSMA and applicable UK financial regulations.
  • Okuashvili & Ors. v Ivanishvili & Ors [2025] EWHC 1267 (Ch): Instructed for the appeal and reformulation, following a disastrous jurisdiction dispute, of 8-figure USD claims flowing from the alleged fraudulent misappropriation of the largest business group in Georgia, through alleged use of state resources, violent coercion, and breach of banking law statutory duties (led by Alexander Milner KC).
  • ICC Trade Finance Dispute: Acting for KSA shipping entity in a trade finance dispute against the confirming bank under a letter of credit for paying out on a fraudulent transaction.
  • United Trust Bank Limited v Collins: Defending enforcement of c.£800k claim under business loans and personal guarantees, relying in part on alleged breaches of UTB’s financial regulatory duties in relation to the transactions, attempted demands, and attempts to enforce against collateral.
  • IDBI Bank Limited v (1) Amira C Foods International DMCC (2) A K Global Business Fze and Mr Karan A Chanana [2019] DIFC CA 014: Acting in a dispute concerning buyer’s credits, letters of credit, and a claim for damages to credit reputation (led by Tom Montagu Smith KC).
  • Re iOra Software Limited: £2m claim advancing alleged breaches of fiduciary duty and anti-avoidance claims under ss.238-239 of the Insolvency Act 1986, with various unusual issues arising from the complicated circumstances following a ‘loan to own’ scheme perpetrated against the company and alleged sale of its business and assets at undervalue (sole counsel to trial, then led by Oliver Assersohn KC).
  • Advising in relation to claims for breach of trust and dishonest assistance against a number of financial institutions (led by Edward Cumming KC).
  • Advising on alleged breaches of financing agreements for a Hollywood film, including advice on obtaining anti-suit injunctions and enforcing security of assets including the master tape (led by Robert Levy KC).
  • Advising on the impact of ss. 26-28 FSMA on dispute resolution clauses in a relevant contract (led by Oliver Assersohn).
  • Advising on Consumer Credit Act 1974 issues arising in relation to settlements and agreements to give time to pay (led by Oliver Assersohn).
  • Advising on DIFC financial regulations and potential breaches of authority in carrying on certain financial services (led by Michael Black KC).
  • Advising on a potential claim for breaches of mortgage regulations. Various pieces of advice in relation to guarantees and indemnities, both for and against financial institutions.
  • Advising in relation to claims for breach of trust and dishonest assistance against a number of financial institutions (led by Edward Cumming KC).
  • Advising on alleged breaches of financing agreements for a Hollywood film, including advice on obtaining anti-suit injunctions and enforcing security of assets including the master tape (led by Robert Levy KC).
  • Assisted in a large fraud claim alleging diversion of profits from a bank through a complex series of artificial loans (Nathan Pillow KC and David Davies KC).
  • Advising on a potential claim for breaches of mortgage regulations. Various pieces of advice in relation to guarantees and indemnities, both for and against financial institutions.
  • Obtaining summary judgment on various guarantees and indemnities.
  • Drafting a reply and defence to counterclaim in relation to interest rate hedging product miss-selling litigation (assisting Sarah Bayliss).

Ben is an experienced and effective civil fraud practitioner. He is ranked as a leading junior in this area, with clients praising him as “a junior with a robust and sensible style.” (Legal 500).

He relishes, and is regularly instructed on, urgent applications for injunctions or other orders in the asset recovery toolkit: freezing injunctions and proprietary freezing injunctions;  Chabra injunctions, asset disclosure orders, notification orders and other orders ancillary or akin to freezing injunctions; Norwich Pharmacal, Bankers Trust and pre-action disclosure orders; anti-suit injunctions; and various forms of ad hoc or bespoke urgent injunctions.

Ben is adept at acting at speed in urgent asset recovery scenarios and is creative in fashioning effective forms of relief which will be attractive to the Court.

In addition to regular instructions in asset recovery exercises, Ben is highly experienced in all forms of fraud claims, having been instructed on the leading case on inducement in the tort of deceit from trial to the Privy Council (Ivanishvili v Credit Suisse Life (Bermuda) Limited) and regularly being instructed in claims of deceit, asset misappropriation, and forgery.

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.

Relevant examples of work in this area include:

  • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2026] AC 533: USD 607m investment fraud dispute relating to the fraudulent mismanagement of various Swiss bank accounts, held through offshore structures. The case involved disputes about the contractual terms, fiduciary duties, fraudulent misrepresentations, various conflict of law issues, and a week of detailed financial expert evidence concerning both investment management strategy and forensic accountancy. The decision of the Privy Council is now the leading case on the requirement for awareness as part of inducement in the tort of deceit and misrepresentation. Ben has been instructed for trial, the Court of Appeal, the Privy Council, and ongoing (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC).
  • Okuashvili & Ors. v Ivanishvili & Ors [2025] EWHC 1267 (Ch): Instructed for the appeal and reformulation, following a disastrous jurisdiction dispute, of 8-figure USD claims flowing from the alleged fraudulent misappropriation of the largest business group in Georgia, through alleged use of state resources, violent coercion, and breach of banking law statutory duties (led by Alexander Milner KC) .
  • Acting on a St Kitts & Nevis crypto and tech dispute (led by Adam Cloherty KC).
  • BLL v STI [2026] EWHC 1678 (TCC): Successfully resisted a tech injunction seeking (inter alia) delivery up of source code, IP, and systems architecture (led by Alexander Milner KC).
  • First National Trustco (UK) Limited & Anor v Page & Ors [2019] EWHC 1187 (Ch): Junior counsel in a two-week trial involving claims on a trustee indemnity and allegations of asset misappropriation, constructive trusts, and knowing receipt (led by Elspeth Talbot Rice KC).
  • Peters v Joseph [2026] EWHC 775 (Ch): Successful appeal of a factual finding that a trust deed had been forged, including a successful application to rely upon new evidence on appeal and the successful resistance of an attempt to discharge undertakings given in lieu of injunctions, on the basis that the application was abusive. Also successfully applied for committal of the defendant for contempt of court.
  • Re Austin Motor Company Ltd : shareholder and corporate insolvency dispute concerning an international supplier of electric versions of the famous Austin cars and alleged attempts to misappropriate the Company’s funds and IP. Obtained urgent injunctive relief to prevent attempts to cease control of the company in alleged breach of shareholders’ agreement.
  • Ad Hoc International Trust Arbitration (led by Elspeth Talbot Rice KC and Andrew Holden) – ongoing multi-billion dollar, multi-jurisdictional dispute regarding dealings with trust assets. Ben has been involved in associated urgent interlocutory applications including: obtaining a WFO and associated Chabra injunction (led by Elspeth Talbot Rice KC) and successfully having a Norwich Pharmacal order set aside for breach of full and frank disclosure (as sole counsel).
  • Leddington v Sandercock [2026] EWHC 938 (Ch) – sole counsel on a 6-day trial, successfully established, through cross-examination and expert evidence, that a counterclaim had been advanced without an honest belief that the alleged contract ever existed.
  • Yousif & Anr. V Idriss & Anr. – obtaining wide-ranging injunctive relief in response to an alleged fraudulent misappropriation of assets, including an unusual order for an interim declaration as to beneficial ownership and an order for immediate repayment of certain fruits of the alleged fraud which could not realistically be disputed.
  • Re iOra Software Limited (sole counsel to trial, then led by Oliver Assersohn KC) – a £2m claim advancing alleged breaches of fiduciary duty and anti-avoidance claims under ss.238-239 of the Insolvency Act 1986, with various unusual issues arising from the complicated circumstances following a ‘loan to own’ scheme perpetrated against the company and alleged sale of its business and assets at undervalue.
  • Re Bad Boy Chiller Crew – obtaining injunctive relief against and pursuing a former manager for alleged fraudulent misappropriation of the bassline collective’s assets (including social and digital assets).
  • 5 Hertford Street Limited v Various Defendants – acting for the well-known private members club in a civil fraud claim arising out of phishing emails being sent to club members to divert payments to the fraudsters.
  • LCIA Arbitrationsole counsel on a claim concerning allegations of deceit and unjust enrichment, including appearance at the final hearing before a 3-member tribunal and the subsequent enforcement of the resulting award.
  • Advising as sole counsel on a complex alleged fraud perpetrated on investors in a tech company whose directors allegedly then misappropriated the assets to a new creature company, involving potential fraud claims against solicitors and professional advisers.
  • Advising on an asset recovery exercise following misappropriation of sums in alleged breach of trust.
  • Advising and assisting in relation to issues of contempt of court in a civil fraud context.
  • Advising in relation to claims for breach of trust and dishonest assistance against a number of financial institutions (led by Edward Cumming KC).
  • Assisting on strike-out and discharge applications in the context of a fraud claim for over $300 million, involving proprietary injunctions and claims for breach of fiduciary duty (led by Steven Thompson KC).
  • Assisting on an application for asset disclosure in support of a nine-figure claim before the DIFC (led by Steven Thompson KC).
  • Assisting in drafting procedural skeleton arguments and undertaking conflict of laws research in support of a fraud claim for over $400 million (Richard Millett KC, Paul McGrath KC, and David Davies KC).
  • Assisting on an application for specific disclosure in the context of a Russian law fraud claim for over $800 million (Nathan Pillow KC and David Davies KC).
  • Advising on the prospects of a counterclaim in the context of a large fraud claim. Advising on a proposed contempt application.
  • Advising on evidence and prospects of success in several VAT missing trader (MTIC) frauds.
  • Assisting in relation to a claim under s. 423 Insolvency Act 1986 to recover substantial sums dispersed by a judgment debtor at an undervalue (Edward Cumming KC).

Ben is a leading commercial senior junior and is ranked as such by Legal 500, which says of him:

Sharp, knowledgeable and pragmatic – drafts to the point and provides direct advice”

Ben’s advocacy is well-prepared, thoroughly researched, well-delivered, and measured. His written work is also excellent, including both pleadings and skeleton arguments.”

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

  • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2026] AC 533 USD 607m investment fraud dispute relating to the fraudulent mismanagement of various Swiss bank accounts, held through offshore structures. The case involved disputes about the contractual terms, investment monitoring duties, fiduciary duties, fraudulent misrepresentations, various conflict of law issues, and a week of detailed financial expert evidence concerning both investment management strategy and forensic accountancy. The decision of the Privy Council is now the leading case on the requirement for awareness as part of inducement in the tort of deceit and misrepresentation. (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC).
  • Various Claimants v Options UK Personal Pensions LLP – sole counsel for 31 claimants in a circuit commercial court claim arising out of alleged mis-selling of financial products and services. Includes claims for breach of various regulatory duties and for compensation for breach of the general prohibition under s.19 FSMA.
  • Enforcement of Sri Lankan Arbitration Award(sole counsel, ongoing) – resisting enforcement in England of a c. USD 1.7m arbitration on the basis that it would be contrary to public policy in light of the underlying agreement being unauthorised and unlawful under FSMA and applicable UK financial regulations.
  • Okuashvili & Ors. v Ivanishvili & Ors [2025] EWHC 1267 (Ch); (led by Alexander Milner KC) – instructed for the appeal and reformulation, following a disastrous jurisdiction dispute, of 8-figure USD claims flowing from the alleged fraudulent misappropriation of the largest business group in Georgia, through alleged use of state resources, violent coercion, and breach of banking law statutory duties.
  • ICC Trade Finance Dispute – (sole counsel) acting for KSA shipping entity in a trade finance dispute against the confirming bank under a letter of credit for paying out on a fraudulent transaction.
  • United Trust Bank Limited v Collins (sole counsel, ongoing) – defending enforcement of c. £800k claim under business loans and personal guarantees, relying in part on alleged breaches of UTB’s financial regulatory duties in relation to the transactions, attempted demands, and attempts to enforce against collateral.
  • Confidential FCA investigation / enforcement (sole counsel, ongoing) advising a UK firm in relation to an ongoing FCA investigation. Allegations that a 20 year business has been unlawfully offering and carrying on regulated activities under UK financial regulation without authorisation.
  • IDBI Bank Limited v (1) Amira C Foods International DMCC (2) A K Global Business Fze and Mr Karan A Chanana [2019] DIFC CA 014 acting in a dispute concerning buyer’s credits, letters of credit, and a claim for damages to credit reputation (led by Tom Montagu Smith KC).
  • Advising in relation to claims for breach of trust and dishonest assistance against a number of financial institutions (led by Edward Cumming KC).
  • Advising on alleged breaches of financing agreements for a Hollywood film, including advice on obtaining anti-suit injunctions and enforcing security of assets including the master tape(led by Robert Levy KC).
  • Assisted in a large fraud claim alleging diversion of profits from a bank through a complex series of artificial loans (Nathan Pillow KC and David Davies KC).
  • Various pieces of advice in relation to guarantees and indemnities, both for and against financial institutions.
  • Obtaining summary judgment on various guarantees and indemnities.
  • Drafting a reply and defence to counterclaim in relation to interest rate hedging product miss-selling.

Sale of Goods

  • LCIA Arbitration – dispute arising out of a COVID-era contract for the supply and purchase of PPE, challenging jurisdiction on the basis of the construction of the arbitration agreement and relevant terms of the sale of goods contract (led by Hugh Miall).
  • Peter Black Footwear and Accessories Limited and Visage Limited v Fawaz Abdulaziz Alhokair & Co –Acting in Commercial Court proceedings arising out of an international sale of goods contract concerning fashion goods (led by Rupert Reed KC and Matthew Watson).
  • Advising on claims relating to the defective provision of substantial machinery for a vessel under an international sale of goods contract.
  • Advising (unled) on a potential claim relating to allegedly defective aircraft parts.
  • ICC Arbitration – Drafting response submissions in relation to a dispute concerning the supply of animal feed.
  • Sachdev & Anr v LGC (Global) Ltdsole counsel in a business list (ChD) claim arising out of orders for six luxury watches placed through a membership scheme with a lifestyle brand. Involved complicated issues of contractual interpretation and multiple Part 20 claims.
  • Claims arising out of an investment and collaboration agreement for the international sale of items of luxury jewellery.
  • Various business list and county court claims concerning sale of goods disputes. Including various matters requiring clear submissions and control of evidence in relation to the admissible evidence and material for construing contracts.

(the next section also relates to sale of goods contracts and disputes)

Aviation, Shipping, Energy, and Natural Resources

  • Avolon Aerospace (Hamilton) Aoe 1 Limited & Ors. v Lloyd’s Insurance Company & Ors. (and 5 connected cases) (led by Stephen Moriarty KC)instructed to advise and provide expert evidence in relation to the multi-jurisdiction insurance disputes arising from the Russian Aviation litigation.
  • Rubikon v Jetfly (2023-2024)instructed as sole counsel in this a USD 6m energy and shipping dispute concerning an umbrella agreement to supply and purchase gasoline. Ben recently obtained summary judgment on the issues in a USD 3.8m unjust enrichment claim, with the Court of Appeal dismissing the appeal on the papers following Ben’s written submissions. The outstanding contractual disputes (with an alleged set off) focus on various issues of contractual interpretation and the correct approach to assessing contractual damages.
  • LCIA Arbitration – USD 25m aviation maintenance dispute (led by Edward Cumming KC).
  • Advising (unled) on a £1.75m restitution claim under a sale and purchase agreement for a Leonardo AW139 aircraft
  • LCIA Arbitration –acting in relation to an 8-figure aviation maintenance dispute (led by Edward Cumming KC).
  • BP Oil International Limited v Vega Petroleum Limited and Dover Investments Limited [2021] EWHC 1364 (Comm); [2021] LLR P 118 – acting and appearing as junior counsel in a 8-figure dispute concerning the sale and purchase of Egyptian crude oil.
  • Toucan Energy Holdings Ltd & Anr v Wirsol Energy Ltd & Ors – acting and appearing as junior counsel on a US$60 million energy and construction dispute in the Commercial Court (led by Stephen Cogley KC and Samuel Townend).
  • Advising (unled) on a potential claim relating to allegedly defective aircraft parts.
  • Advice in relation to detention rights under s. 88 Civil Aviation Act 1982.
  • Assisting (Steven Thompson KC) on a multi-million pound claim for debt and liquidated damages under a wet lease.
  • Advising on claims relating to the defective provision of substantial machinery for a vessel under an international sale of goods contract.
  • UNCITRAL Arbitrationdisputes arising out of a take or pay contract for natural gas. Including drafting submissions on the construction of the key take or pay provisions of the various contracts.
  • Drafting the skeleton argument for a trial of preliminary issues concerning the construction of a take or pay contract for natural gas.
  • Sinwa (Singapore) Pte Ltd v Guardian Maritime Limited – Claims arising out of a collaboration agreement for the international supply of shipping equipment, turning on issues of contractual interpretation and entitlement to terminate (led by Sarah Bayliss). Subsequently instructed as sole counsel in opposing the appeal and then in enforcing the judgment.
  • Advice on a carriage dispute under a contract of affreightment involving demurrage, loss of profits and force majeure.
  • Drafting advice on a carriage dispute under a contract of affreightment involving demurrage, loss of profits and force majeure.
  • Drafting advice on the coverage of a Lloyds Open Form salvage award under a hull.

Tech and Telecoms

  • BLL v STI [2026] EWHC 1678 (TCC) (led by Alexander Milner KC) – successfully opposed a tech injunction sought under s. 44(3) Arbitration Act 1996 based on an alleged implied novation of an allegedly perpetual development agreement.
  • Re Bad Boy Chiller Crew – obtaining injunctive relief to recover social and digital assets.
  • Advising on crypto assets in the context of potential asset recovery and enforcement.
  • Intelsat Global Sales & Marketing Ltd v Information TV Private Limitedacting and advising as sole counsel in relation to a c. USD 2.8m claim under a satellite leasing agreement, with the defendant raising jurisdictional issues and alleged foreign law prohibitions rendering its obligations unlawful.
  • Advising as sole counsel on a potential multi-million pound claim relating to alleged misappropriation of software from a software company in breach of (inter alia) investment and loan agreements.
  • Advising as sole counsel in relation to potential claims arising out of investor/creditor agreements with an international software company.
  • Intelsat Global Sales & Marketing Ltd v JSC Kazteleradio – acting as sole counsel on a telecoms claim for in excess of USD 5 million, involving complex technical disputes regarding satellites and legal issues including the lawfulness of contractual termination fees.
  • Intelsat Global Sales & Marketing Ltd v Luxspace enforcing a USD 900k judgment, addressing issues said to arise in relation to international financial sanctions regimes and their impact on the international system for settlement of bank payments.

Media and Entertainment

  • Bad Boy Chiller Crew v House Anxiety (23.07.2025, Thompsell J) – successfully obtained summary judgment on the termination of a recording agreement, enabling the no.2 album-producing bassline collective to recommence recording and touring after c. 2 years. Advising on alleged breaches of financing agreements for a Hollywood film, including advice on obtaining anti-suit injunctions against Californian proceedings and enforcing security of assets including the master tape (led by Robert Levy KC).
  • Smith v Dryden & Ors. – instructed by the Claimant in relation to certain interlocutory applications within a copyright dispute in relation to alleged copying in a No.1 song.
  • Re Bullet for My Valentine – a wide-ranging dispute arising out of the partial break-up of the heavy metal band.
  • Re Bad Boy Chiller Crew – obtaining injunctive relief against and pursuing a former manager for alleged misappropriation of the bassline collective’s assets (including social and digital assets).
  • ATL Entertainment Ltd v Miss La Familiaobtaining judgment on a management dispute and a claim for outstanding commissions arising out of the artist’s signing of an exclusive recording agreement.
  • Lloyd v Kruger [2018] EWHC 2011 (Comm) – junior counsel in a dispute arising out of the sale of a media company, involving allegations of fraudulent misrepresentation as to the company’s assets, including its ownership of relevant IP and masters (led by Sarah Bayliss).
  • Drafting particulars of claim under an exclusive distribution agreement.

Other

  • LCIA Sports Arbitration (2024-2025)– successfully defeated claims to enter high profile global sports championship and/or 9 figure USD damages over two separate arbitral references. Successfully opposed attempts to rescue the remedies by bringing new claims on the basis that the tribunal was functus officio and that a second reference was a Henderson v Henderson abuse of process (First Reference: led by Marie Demetriou KC and Tim Johnston; Second Reference: led by Huw Davies KC)
  • Avolon Aerospace (Hamilton) Aoe 1 Limited & Ors. v Lloyd’s Insurance Company & Ors. (and 5 connected cases) (led by Stephen Moriarty KC)instructed to advise and provide expert evidence in relation to the multi-jurisdiction insurance disputes arising from the Russian Aviation litigation.
  • LCIA Arbitration (2025-2026) (sole counsel) – commercial and IP dispute concerning a high profile London hotel and restaurant franchise.
  • Morris v Cox & Permanex Site Security Limiteda dispute relating to a claim to a 20% shareholding alleged to be held on constructive trust and outstanding consultancy fees for a business consultant. Ben is instructed against a silk and junior. The trial will involve expert valuation evidence in relation to the value of the company.
  • Advising on potential claims under an umbrella contract potentially breached in the context of an allegedly illegitimate re-tendering process.
  • A pending claim relating to vineyards and winemaking – advising on the construction of various co-referring agreements, remedies available, and drafting proceedings.
  • A pending claim relating to an investor/creditor agreement and alleged misrepresentations.
  • Various pieces of advice advising on coverage under insurance, reinsurance, and overlapping insurance contracts, with a heavy focus on complex contractual interpretation.
  • Drafting the trial skeleton argument for a mercantile court hearing concerning ATE insurance. Drafting skeleton argument sections on specific disclosure and security for costs for a large commercial court CMC.
  • Drafting advice on the construction of a multi-party agreement for the supply and distribution of industrial equipment.
  • Drafting advice on the construction of a management agreement for a pub.

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

  • Various ongoing shareholder disputes and s. 994 unfair prejudice petitions.
  • Ongoing c. £1m claim alleging breaches of directors duty and asset misappropriation.
  • Re Austin Motor Company Ltd: Shareholder and corporate insolvency dispute concerning an international supplier of electric versions of the famous Austin cars and alleged attempts to misappropriate the Company’s funds and IP. Obtained urgent injunctive relief to prevent attempts to cease control of the company in alleged breach of shareholders’ agreement.
  • Re Skynet Ltd (2025-2026): Acting for the petitioner on a USD 10 million unfair prejudice petition, involving urgent injunctive relief to restrain unlawful confiscation of the petitioner’s shares.
  • LCIA Arbitration: Multi-jurisdictional dispute regarding the ownership of an USD 8 million Ras al Khaímah holding company for a Zambian zinc mine. Issues have included: the Tribunal’s jurisdiction, fraudulent misappropriation of assets and control of the structure, and written and oral contracts concluded whilst one shareholder was in prison.
  • Re Stegasis Investment Corporation Junior counsel in a complex shareholder dispute in relation to a Liberian SPV in the context of global litigation between the parties (led by Stephen Cogley KC).
  • Re Clear Core Limited: s.994 claim based on an allegation of a quasi-partnership which persisted following the investment of a corporate third-party shareholder.
  • Yousif & Anr. v Idriss & Anr: Obtaining wide-ranging injunctive relief in response to an alleged fraudulent misappropriation of assets, including an unusual order for an interim declaration as to beneficial ownership of a company and an order for immediate repayment of certain fruits of the alleged fraud which could not realistically be disputed.
  • Advising on a complex alleged fraud perpetrated on investors in a tech company whose directors allegedly then misappropriated the assets to a new creature company, involving potential fraud claims against solicitors and professional advisers.
  • Instructed as sole counsel on various unfair prejudice petitions in the High Court.
  • Acting and advising in relation to a dispute concerning alleged breaches of directors’ duties (led by Elspeth Talbot-Rice KC and Hugh Miall).
  • Advising on reflective loss and derivative claims.
  • Advising on the prospects of a claim for alleged breaches of a director’s duty.

Companies Act Applications and Corporate Insolvency

  • Re Austin Motor Company Ltd: Shareholder and corporate insolvency dispute concerning an international supplier of electric versions of the famous Austin cars and alleged attempts to misappropriate the Company’s funds and IP. Obtained urgent injunctive relief to prevent attempts to cease control of the company in alleged breach of shareholders’ agreement.
  • Re Absolute Action Limited: Contested application under s. 125 Companies Act 2006.
  • Re iOra Software Limited:  £2m claim advancing alleged breaches of fiduciary duty and anti-avoidance claims under ss.238-239 of the Insolvency Act 1986, with various unusual issues arising from the complicated circumstances following a ‘loan to own’ scheme perpetrated against the company and alleged sale of its business and assets at undervalue (sole counsel to trial, then led by Oliver Assersohn KC).
  • Advising on the structuring of a corporate group and related trusts (led by David Brownbill KC).
  • Instructed on various applications for restoration of companies to the register, including holding companies which were inadvertently dissolved and a key NHS PCT entity which was mistakenly dissolved as part of a corporate organisation.

Ben has experience of dealing with crypto and digital assets. This has arisen from his expertise in civil fraud and media and entertainment disputes. Crypto and digital assets are frequently becoming commonplace issues in Ben’s general commercial litigation work.

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:

  • Acting on a St Kitts & Nevis crypto and tech dispute (led by Adam Cloherty KC) .
  • BLL v STI [2026] EWHC 1678 (TCC): successfully opposed a tech injunction sought under s. 44(3) Arbitration Act 1996 based on an alleged implied novation of an allegedly perpetual development agreement (led by Alexander Milner KC).
  • Re Bad Boy Chiller Crew: Obtaining injunctive relief to recover social and digital assets.
  • Advising as sole counsel on a potential multi-million pound claim relating to alleged misappropriation of software from a software company in breach of (inter alia) investment and loan agreements.
  • Advising on crypto assets in the context of potential asset recovery and enforcement.

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.

Examples of his work in this area include:

  • Rubikon v Jetfly: Sole counsel in a USD 6m energy and shipping dispute concerning an umbrella agreement to supply and purchase gasoline. Ben recently obtained summary judgment on the issues in a USD 3.8m unjust enrichment claim, with the Court of Appeal dismissing the appeal on the papers following Ben’s written submissions. The outstanding contractual disputes (with an alleged set off) focus on various issues of contractual interpretation and the correct approach to assessing contractual damages.
  • LCIA Arbitration: Sole counsel on a dispute concerning the ownership of a multi-million-dollar international mining group.
  • BP Oil International Limited v Vega Petroleum Limited and Dover Investments Limited [2021] EWHC 1364 (Comm); [2021] LLR P 118: Acting and appearing as junior counsel  in a dispute concerning the sale and purchase of Egyptian crude oil (led by Edward Cumming KC).
  • Toucan Energy Holdings Ltd & Anr v Wirsol Energy Ltd & Ors:  Acting and appearing as junior counsel on a US$60 million energy and construction dispute in the Commercial Court (led by Stephen Cogley KC and Samuel Townend KC).
  • UNCITRAL Arbitration: Disputes arising out of a take or pay contract for natural gas. Including drafting submissions on the construction of the key take or pay provisions of the various contracts.
  • Needham Hotel and Spa Limited v Yu Energy Retail Ltd: injunction presentation of a winding up petition or warrant of entry pending a determination of whether liquidated debts were owed to an energy provider. This involved the complicated scheme for deemed/default energy contract terms.
  • Assisting in an ICSID claim for alleged expropriation of mining concessions.
  • Assisting in a fraud claim relating to West African crude oil trading.

Ben is ranked as a leading junior in insolvency work (Legal 500, 2026).

He specialises in insolvency scenarios and situations which are connected to his expertise in civil fraud (especially s.423 and anti-avoidance actions), company law (especially claims against directors), and shareholder disputes.

Examples of work in this area include:

  • Re Austin Motor Company Ltd: Shareholder and corporate insolvency dispute concerning an international supplier of electric versions of the famous Austin cars and alleged attempts to misappropriate the Company’s funds and IP. Obtained urgent injunctive relief to prevent attempts to cease control of the company in alleged breach of shareholders’ agreement.
  • Re iOra Software Limited: Acting in a £2m claim advancing alleged breaches of fiduciary duty and anti-avoidance claims under ss.238-239 of the Insolvency Act 1986, with various unusual issues arising from the complicated circumstances following a ‘loan to own’ scheme perpetrated against the company and alleged sale of its business and assets at undervalue.
  • Okuashvili & Ors. v Ivanishvili & Ors [2025] EWHC 1267 (Ch): Addressing corporate and personal insolvency issues ancillary to an 8-figure USD claims flowing from the alleged fraudulent misappropriation of the largest business group in Georgia, through alleged use of state resources and violent coercion (led by Alexander Milner KC).
  • Needham Hotel and Spa Limited v Yu Energy Retail Ltd: Injunction presentation of a winding up petition or warrant of entry pending a determination of whether liquidated debts were owed to an energy provider. This involved the complicated scheme for deemed/default energy contract terms.
  • Advising an investor who alleges they were deceived into an insolvent company which was then spun out into an alleged phoenix company via an administration. Considering claims against directors and insolvency practitioners.
  • Re Stegasis Investment Corporation: Acting in relation to the just and equitable winding up of a Liberian SPV and its subsequent liquidation and associated investigations in the context of global litigation between the interested parties (led by Stephen Cogley KC).
  • Advising a director on the prospects of a claim in misfeasance against a liquidator.
  • Drafting advice in relation to the exercise of security rights during the statutory moratorium in administration.
  • Re Finnan Developments (Raynes Park) LLP: Acting for a former designated member in the liquidation of an LLP (led by Steven Thompson KC).
  • Acting for liquidators and administrators in various insolvency applications seeking to realise assets.
  • Assisting in the drafting of the skeleton argument for an injunction against a receiver. Assisting with a claim to recover divested assets under s. 423 of the Insolvency Act 1986.
  • Various applications (both advancing and opposing) applications to restrain presentation or advertisement of a winding up petition.
  • Advising and acting upon various applications for validation orders.

Ben has a significant level of experience insurance and reinsurance work. This flows from his time in an oil and gas major before commencing practice and a substantial volume of shipping and insurance work early in practice. With this background he remains comfortable acting and advising in relation to true insurance and reinsurance issues and disputes. Indeed, he assisted Stephen Moriarty KC in giving expert evidence of English law in relation to the multi-jurisdictional Russian aviation insurance disputes.

Examples of his work in this area include:

  • Avolon Aerospace (Hamilton) Aoe 1 Limited & Ors. v Lloyd’s Insurance Company & Ors. (and 5 connected cases): Instructed to advise and provide expert evidence in relation to the multi-jurisdiction insurance disputes arising from the Russian Aviation litigation (led by Stephen Moriarty KC).
  • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2026] AC 533: USD 607m investment fraud dispute relating to the fraudulent mismanagement of various Swiss bank accounts, held through Bermudian life insurance policies. Issues concerned pre-policy disclosures and misrepresentations, whether a life insurance policy assumed fiduciary duties, and the monitoring duties owed by an insurance company over the investment of the premia. Ben has been instructed for trial, the Court of Appeal, the Privy Council, and ongoing (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC).
  • Confidential FCA investigation / enforcement: Sole counsel advising a UK firm in relation to an ongoing FCA investigation and potential regulatory duties and breaches for various activities related to insurance and reinsurance.
  • Advice arising from overlapping liability insurance policies, including issues of double insurance.
  • Advising on potential claims under the Third Parties (Rights against Insurers) Act 2010.
  • Drafting particulars of claim under an event cancellation policy placed in the Lloyd’s.
  • Drafting the trial skeleton argument for a claim in the mercantile court against an ATE insurer, pursuant to the Third Parties (Rights against Insurers) Act.
  • Drafting advice on the construction of a reinsurance treaty where the underlying insurance was written on the Bermuda Form.
  • Drafting advice on the construction of numerous excess of loss reinsurance treaties and potential allocation strategies under them.
  • Drafting advice on coverage of an employee’s fraud under a professional indemnity and fidelity policy.

Ben is an experienced arbitration practitioner, both unled and unled. In recent years he has repeatedly been instructed as an arbitration specialist junior in the legal team.

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, tech and digital assets, and investor-state arbitrations.

He also has experience of arbitration claims before the Courts including: applications under s. 44 Arbitration Act 1996; jurisdiction challenges; challenges to arbitral awards under the Arbitration Act 1996; and enforcement of arbitral awards both domestic and international.

  • LCIA Sports Arbitration (2024-2025): Successfully defeated claims to enter high profile global sports championship and/or 9 figure USD damages over two separate arbitral references. Successfully opposed attempts to rescue the remedies by bringing new claims on the basis that the tribunal was functus officio and that a second reference was a Henderson v Henderson abuse of process (First Reference: led by Marie Demetriou KC and Tim Johnston; Second Reference: led by Huw Davies KC)
  • BLL v STI [2026] EWHC 1678 (TCC): Successfully opposed a tech injunction sought under s. 44(3) Arbitration Act 1996 based on an alleged implied novation of an allegedly perpetual development agreement (led by Alexander Milner KC).
  • Ad Hoc International Trust Arbitration: Ongoing multi-billion dollar, multi-jurisdictional dispute regarding dealings with trust assets (led by Elspeth Talbot Rice KC and Andrew Holden). Ben has been involved in associated urgent interlocutory applications including: obtaining a WFO and associated Chabra injunction (led by Elspeth Talbot Rice KC) and successfully having a Norwich Pharmacal order set aside for breach of full and frank disclosure (as sole counsel).
  • LCIA Arbitration (2025-2026): Sole counsel in a commercial and IP dispute concerning a high profile London hotel and restaurant franchise.
  • Enforcement of Sri Lankan Arbitration Award: Resisting enforcement in England of a c. USD 1.7m arbitration on the basis (inter alia) that it would be contrary to public policy in light of the underlying agreement being unauthorised and unlawful under FSMA and applicable UK financial regulations.
  • LCIA Arbitration: Multi-jurisdictional dispute regarding the ownership of an USD 8 million Ras al Khaímah holding company for a Zambian zinc mine. Issues have included: the Tribunal’s jurisdiction, fraudulent misappropriation of assets and control of the structure, and written and oral contracts concluded whilst one shareholder was in prison.
  • LCIA Arbitration: Sole counsel on a claim concerning allegations of deceit and unjust enrichment, including appearance at the final hearing before a 3-member tribunal. Including the subsequent enforcement of the resulting award.
  • DIFC Arbitration: Relating to an international sale of goods dispute.
  • LCIA Arbitration: USD 25m aviation maintenance dispute (led by Edward Cumming KC).
  • LCIA Arbitration: Acting on a jurisdiction challenge arising out of an alleged contract for the supply of PPE (led by Hugh Miall KC).
  • Acting and advising in relation to an arbitral application to support the overseas enforcement of a 9-figure LCIA award counsel (led by Edward Cumming KC).
  • LCIA Arbitration: assisting David Davies KC on a multi-million-dollar fraud arbitration.
  • AMC III Purple BV v Amethyst Radiotherapy Limited [2019] EWHC 1503 (Comm): Acting and advising as junior counsel in relation to the successful resistance to a stay in favour of an indirectly connected arbitration (led by Edward Cumming KC).
  • Assisting with an action for enforcement of a defence-sector arbitral award worth several hundred million dollars.
  • Advice on a challenge to a partial award on jurisdiction under s. 67 of the Arbitration Act 1996.
  • Advice on the merits of a proposed s. 68 challenge to an award for serious irregularity.
  • Advising and assisting on various appeals of an arbitral award on a point of law (s.69).
  • Advice on the availability of equitable remedies in arbitration.
  • Various pieces of advice on the prospects of potential ICSID claims.
  • ICC arbitration: Assisting in a claim concerning the supply of animal feed.
  • UNCITRAL arbitration: Assisting in a dispute concerning natural gas and force majeure.
  • Assisting with the preparation for an ICSID arbitration in relation to an alleged expropriation of mining concessions.
  • LMAA arbitration: claim relating to late redelivery of a vessel.

Much of Ben’s work has an international element and he regularly deals with or advises upon complicated issues of jurisdiction, applicable law, enforcement, and conflict of laws rules under various regimes. This includes his instruction on the leading case on the common law choice of law rules and the end of the doctrine of renvoi in commercial claims: Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2026] AC 533.

Examples of work in this area include:

  • Acting in a St Kitts & Nevis crypto and tech dispute (led by Adam Cloherty KC).
  • Acting on a BVI-centered civil fraud matter
  • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2026] AC 533: USD 607m investment fraud dispute relating to the fraudulent mismanagement of various Swiss bank accounts, held through offshore structures. The case involved disputes about the contractual terms, the interpretation of the Bermuda SAC Act, fiduciary duties, fraudulent misrepresentations, various conflict of law issues, and a week of detailed financial expert evidence concerning both investment management strategy and forensic accountancy. The decision of the Privy Council is now the leading case on various aspects of the common law conflict of laws rules, including the fact that renvoi has no role in contract, tort, and commercial claims. Ben has been instructed for trial, the Court of Appeal, the Privy Council, and ongoing (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC).
  • Advising in relation to the terms of a Jersey employee share trust following a restructuring of a corporate group (led by David Brownbill KC).
  • Ad Hoc Arbitration: Appearing and acting in relation to various proceedings arising out of a substantial international trust dispute. Including obtaining a worldwide freezing injunction (led by Elspeth Talbot Rice KC) and successfully making an urgent application to discharge Norwich Pharmacal relief granted ex parte (unled).
  • Laktineh & Co Ltd v Al Hatti & Anr: Assisting in relation to one of the first matters before the Abu Dhabi Global Market Courts, in relation to a default judgment application.
  • Sinel v Hennessy [2018] JCA 095; [2018] JRC 007: Acting in relation to a substantial multi-jurisdictional probate dispute, including jurisdictional challenges and conflict of laws issues (led by Edward Cumming KC).
  • Assisting  in drafting the skeleton argument for an application for asset disclosure in support of a nine-figure claim before the DIFC (Steven Thompson KC).
  • Intelsat Global Sales & Marketing Ltd v Information TV Private Limited: Acting and advising as sole counsel in relation to a c. USD 2.8m claim under a satellite leasing agreement, with the defendant raising jurisdictional issues and alleged foreign law prohibitions rendering its obligations unlawful.
  • Intelsat Global Sales & Marketing Ltd v Luxspace: Enforcing a USD 900k judgment, addressing issues said to arise in relation to international financial sanctions regimes and their impact on the international system for settlement of bank payments.
  • IDBI Bank Limited v (1) Amira C Foods International DMCC (2) A K Global Business Fze and Mr Karan A Chanana [2019] DIFC CA 014: Acting in a dispute concerning buyer’s credits, letters of credit, and a claim for damages to credit reputation (led by Tom Montagu Smith KC).
  • DIFC Arbitration: Relating to an international sale of goods dispute.
  • Acting in relation to a Jersey dispute concerning large family trusts.
  • Assisting in the preparation of an application for a proprietary injunction in the Cayman Islands.
  • Drafting advice on privilege and the disclosure of documents in a Cayman Islands dispute.
  • Advising on enforcement regimes and procedures following Brexit.
  • Advising on issues of state immunity and non-justiciability in commercial claims. Drafting advice on the prospects of various proposed ICSID claims.
  • Assisting with the preparation for an ICSID arbitration in relation to an alleged expropriation of mining concessions.
  • Assisting on an action for enforcement of a defence-sector arbitral award worth several hundred million dollars (Andrew Fletcher KC and David Davies KC).
  • Assisting in drafting opening submissions for, and the hearing of, a multi-million dollar claim in conspiracy involving Russian and BVI law and involving companies from numerous offshore jurisdictions.
  • Drafting a skeleton argument seeking disclosure of documents said to be undisclosable under Cypriot law.
  • Advising Jersey trustee in relation to dispute as to the assets settled into trust and the true beneficiaries, in the context of the testator’s death and the potential impact of foreign forced heirship rules.
  • A jurisdiction and appliable law dispute in relation to the will of an international family, raising issues of domicile, applicable law, and renvoi.

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.

  • Ad Hoc International Trust Arbitration: ongoing multi-billion dollar, multi-jurisdictional dispute regarding dealings with trust assets (led by Elspeth Talbot Rice KC and Andrew Holden). Ben has been involved in associated urgent interlocutory applications including: obtaining a WFO and associated Chabra injunction (led by Elspeth Talbot Rice KC) and successfully having a Norwich Pharmacal order set aside for breach of full and frank disclosure (as sole counsel).
  • Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2026] AC 533: USD 607m investment fraud dispute relating to the fraudulent mismanagement of various Swiss bank accounts, held through offshore structures. Important trust-related issues included whether the Bermuda SAC Act give rise to statutory (or other) trusts and the circumstances in which the Court will identify novel fiduciary duties outside the settled categories. Ben has been instructed for trial, the Court of Appeal, the Privy Council, and ongoing (led variously by Lord Falconer KC, Jonathan Crow KC, Stephen Moverley Smith KC, Steven Thompson KC, Sebastian Isaac KC).
  • Peters v Joseph [2026] EWHC 775 (Ch): Successful appeal of a factual finding that a trust deed had been forged, including a successful application to rely upon new evidence on appeal and the successful resistance of an attempt to discharge undertakings given in lieu of injunctions, on the basis that the application was abusive.
  • Andersen v (1) Equiom Tax Services Limited & (2) Equiom (Isle of Man) Limited v North Star Law Limited:  Representing the trustee of a large family trust settled by the well-known jewellery company Pandora, by way of retirement fund for the benefit of its then CEO, Peter Andersen. Claims were brought against the Trustee alleging it breached its duties in relation to certain actions which triggered adverse tax consequences (led by Andrew Holden).
  • Re Kong: Acting for the executor under a challenged will, seeking to obtain immediate reverse summary judgment against the claim brought to challenge the Will.
  • Re Estate of Joanna Louise Abraham [2023] EWHC 1982 (Ch): Sole counsel in a 5-day trial of a claim challenging a will for want of knowledge and approval, involving some 15 witnesses. A claim for testamentary incapacity was discontinued prior to trial.
  • First National Trustco (UK) Limited & Anor v Page & Ors [2019] EWHC 1187 (Ch): Junior counsel in a two-week trial involving claims on a trustee indemnity and allegations of asset misappropriation (led by Elspeth Talbot Rice KC).
  • Harrison-Mills v The Public Trustee & Ors [2019] EWCA Civ 966: Junior counsel on an appeal concerning the construction of a 1924 indenture counsel (led by Sarah Bayliss).
  • Sinel v Hennessy [2018] JCA 095; [2018] JRC 007: Acting in relation to a substantial multi-jurisdictional probate dispute before the Jersey Court, which raised important issues of privilege, confidentiality, and proprietary rights over documents (led by Edward Cumming KC).
  • Advising in relation to a Jersey employee share trust and proposed distributions following a restructuring of the employer’s corporate group (led by David Brownbill KC).
  • Advising trustees (acting under English and Jersey law) relating to proposed distributions, restructuring proposals, disclosure of documentation to beneficiaries, variations of trust terms, addition or variation of beneficiaries, proposed investment of trust funds, and proposed steps in disputes or litigation.
  • Acting in relation to a Jersey dispute concerning large family trusts.
  • Acting in relation contentious probate proceedings, including a summons to challenge a caveat (led by Andrew Holden).
  • Application by trustee for rectification of a Jersey trust deed
  • Advising Jersey trustee in relation to dispute as to the assets settled into trust and the true beneficiaries, in the context of the testator’s death and the potential impact of foreign forced heirship rules.
  • A jurisdiction and appliable law dispute in relation to the will of an international family, raising issues of domicile, applicable law, and renvoi.
  • Drafting the skeleton argument in support of a part 8 claim for directions from a master on the construction of a trust.
  • Drafting advice on the construction of a will that was amended pursuant to the Variation of Trusts Act 1958.
  • Drafting the skeleton argument resisting an application for early disclosure of trust deeds. Assisting in a dispute arising out of the investigation of a testator’s offshore assets.
  • Assisting in relation to multi-jurisdictional litigation concerning a large family trust. Assisting in a part 8 claim for directions on the construction of a long-standing family trust settlement.

Recommendations

Commercial litigation

Legal 500

‘Sharp, knowledgeable and pragmatic- drafts to the point and provides direct advice.’ (2026)

Read more

‘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

Ranked as a leading junior. (2026)

‘A junior with a robust and sensible style.’ (2025)

 

Insolvency 

Legal 500 

Ranked as a leading junior. (2026)

 

Contact details

+44 (0)20 7691 2424
ben.waistell@xxiv.co.uk
Contact clerks
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Additional information

  • Contributor, Crypto and Digital Assets Law and Regulation (Sweet & Maxwell) December 2023
  • Contributor, Encyclopaedia of Forms and Precedents (LNUK), vol 9(2) Companies

Articles

  • BA, Philosophy and Politics (First Class) – Durham University
  • GDL and BPTC – City University
  • LLM, International Commercial Law (Distinction) – University College London
  • ChBA (The Chancery Bar Association)
  • COMBAR ( The Commercial Bar Association)
  • Crypto Fraud and Asset Recovery network (CFAAR)
  • Executive committee of the Financial Services Lawyers Association (FSLA)
  • Young ICCA

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:

  • Deceit and Misrepresentation after the Privy Council decision in CS Life v Ivanishvili
  • Sanctions issues in Banking Transactions
  • Copyright and AI
  • Crypto assets in civil fraud claims
  • Regulation of crypto assets
  • Crypto assets in a trust context
  • Shareholder disputes
  • Tailoring injunctive relief to the particular purpose
  • Interim injunctions in the DIFC
  • Freezing injunctions and trusts
  • Predictive coding in disclosure exercises
  • Tracing and unjust enrichment
  • ICSID, bilateral investment treaties, and other investment claims
  • The application and use of financial regulatory rules in civil claims
  • Freezing and proprietary injunctions
  • Civil fraud claims and family offices
  • The Peter Taylor Scholarship
  • Maitland Advocacy Prize
  • Major Exhibition (Inner Temple)
  • Clifford Chance Palatinate Shield

Business details


VAT number:
310979302
Registered name:
Ben Waistell

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