Year of Call 2001
Ben’s area of expertise is commercial litigation, with particular expertise in:
- Professional Negligence
- Commercial Dispute Resolution/Commercial Litigation
Recent notable cases include:
- Godiva v Travelers : major solicitor's professional indemnity insurance aggregation dispute; one of The Lawyer’s Top 20 Cases of 2014
- Barrister’s Negligence claim : confidential, acting for senior QC
- Multi-million pound solicitors’ professional indemnity year of attachment arbitration [2013/4]
- Very high profile and high value public and products liability case in the news [2013/4]
- “Ethernet” telecommunications case 
- “PPC” telecommunications case 
- Nouri v.Marvi & Others  50 EG 64
Ben is ranked as a Leading Junior in (1) Insurance and Reinsurance, (2) Professional Negligence, (3) Telecommunications and (4) Commercial Dispute Resolution/Commercial Litigation.
Ben was profiled in a “Stars at the Bar” article which singled out 10 promising junior barristers as some of the best in the profession: “Bright lights, big city – meet the young barristers making their mark” (17/11/11), Legal Week (article by Ben Rigby). Click here to read more.
(1) Insurance and Reinsurance
- "Very hardworking and thorough" Ranked as a Leading Junior in Insurance and Reinsurance in Legal 500 2014
- Ranked as a Leading Junior in Insurance and Reinsurance in Chambers UK 2014 (Band 3)
- Ben Lynch has forged a reputation for advising on high-value, high-profile insurance and reinsurance matters. He is particularly expert in disputes relating to solicitors. Expertise: "He's very helpful, and provides useful and insightful advice ". Recent work: Acted in Flexsys America L.P. v XL Insurance Company Limited, a high-value claim by the world’s leading manufacturer of a chemical component present in all rubber tyres. Chambers UK 2014
- Ranked as a Leading Junior in Insurance and Reinsurance in Legal 500 2013 (Tier 3)
- 'Rising star’ Ben Lynch Legal 500 2013
- Ben Lynch is ‘very hardworking and thorough' Legal 500 2012
(2) Professional Negligence
- "Very hardworking" Ranked as a Leading Junior in Professional Negligence in Legal 500 2014
- Ranked as a Leading Junior in Professional Negligence in Chambers UK 2014 (Band 4)
- Ben Lynch is particularly well known for his work defending barristers and solicitors against professional negligence claims. Expertise: "Very quiet but very astute. You feel like he maps out his strategy umpteen steps ahead of the opposition." Chambers 2014
- “At the same set, Ben Lynch consistently impresses those who instruct him. He is recognised for his excellent judgement and sensible pleadings and advocacy. Lynch recently won a significant limitation point in the Court of Appeal, and is currently involved in a complex multiparty dispute.” Chambers UK 2013
- Ranked as a Leading Junior in Professional Negligence in Legal 500 2012 (Tier 5)
- Ranked as a Leading Junior in Telecommunications in Chambers UK 2014 (Band 3)
- Ben Lynch is a popular junior among leading counsel, singled out for his competence in both commercial and regulatory cases. Expertise: "He can read voluminous amounts of material and process them very quickly in a digestible format." Recent work: Involved in Ofcom's on-going intervention in Ethernet regulatory disputes. The case concerns alleged breaches of BT’s ex ante cost orientation obligations. Chambers UK 2014
- "Incisive, quick, diligent and hardworking" Ranked as a Leading Junior in IT and Telecommunications in Legal 500 2014
(4) Commercial Dispute Resolution/Commercial Litigation
- Ranked as a Leading Junior in Commercial Litigation in Legal 500 2013 (Tier 5)
- Ranked as a Leading Junior in Commercial Litigation in Chambers UK 2014 (Band 5)
- Ben Lynch has established a strong commercial practice that draws on his insurance, professional negligence and telecommunications experience. Expertise: “He is approachable and client-friendly; he’s an excellent communicator with a sharp mind.” Recent work: He acted in a complex dispute between BT and Ofcom that reached the Court of Appeal. Chambers UK 2014
- Described as "an exceptionally intelligent junior, who has a very bright future at the Bar." Ben Lynch is ranked as a Leading Junior in Commercial Litigation in Legal 500 2014.
Insurance & ReinsuranceAdd to Portfolio
Ben is one of the three Editors of MacGillivray on Insurance Law, 11th Edition, 2nd Supplement (published on 30 November 2011) and the centenary 12th Edition of MacGillivray in 2012. The first Supplement to the 12th Edition is due out later in 2013.
Reinsurance: experience in issues of coverage, commutation, jurisdiction, service, limitation, foreign law, contractual construction, mediation and arbitration. Involved in reinsurance cases in the Commercial Court, in Arbitration and in Mediation. Advocacy experience in all three in reinsurance cases.
Insurance: experience in all forms of insurance claims, acting for private and corporate Claimants against Defendant insurers, as well as acting for Defendant insurers seeking to avoid liability.
Recent reinsurance and insurance cases include:
- ...Limited v. ... Solicitors: (2013) very high value aggregation claim, acting for insurer, led by Colin Edelman QC and Derrick Dale QC (unable to give any further details for confidentiality reasons): this case is the forthcoming aggregation dispute currently in Court, concerning Solicitors’ Professional Indemnity and mortgage fraud
- acting in significant notification dispute amongst three insurers (in Arbitration before leading QC) (2013)
- Professional diver’s death and occupational injury insurance claim (confidential) (2011): Successfully represented Claimant against leading QC
- Recently instructed in continuation of TAG litigation (confidential) (2011)
- Recently instructed in Cayman Islands matter concerning subrogation issues (confidential) (2011);
- ... Solicitors v. ... Insurers: (2009 - 2010) very high value aggregation claim, acting for insurer, led by Colin Edelman QC (unable to give any further details for confidentiality reasons)
- ... Leisure v ... Limited (2009): insurance brokers' negligence claim (unable to give any details for confidentiality reasons)
- Flexsys America L.P. v. XL Insurance Company Limited  Lloyd’s Rep. IR 132: high value insurance claim (acting for insured Claimant) involving a 'drop down clause', led by Colin Wynter QC, Court of Appeal hearing pending
- Clarks Construction Limited v. Quinn-Direct Insurance Limited [2008 Folio 668]: insurance claim (acting for Defendant insurer), led by Colin Wynter QC, claim valued over £2m, settled
- Randall v ... [2008 Folio 1118]: insurance claim (acting for Defendant insurer), concerning cable strike damage
- Arbitration : concerning insurance and business interruption claim, acting for insurer;
- Lilley v. AIG [HQ08X01744]: permanent disability insurance claim (acted for Claimant insured);
- Eagle Star Insurance Company v. Clal Insurance Company (Arbitration, 2006): acting for Claimant in a case concerning the interpretation and effect of addenda to two reinsurance policies in a reinsurance recovery claim
- ERC Frankona v. American National  Lloyd Rep IR 157, Smith J: reinsurance; avoidance; whether US reinsured had knowledge of fact of fraud conviction of CEO of company managing writing and administration of underlying insurance business; whether and in what circumstances under Marine Insurance Act, such knowledge is to be imputed to the reinsured; complex factual and legal agency and materiality questions
- Chaucer Non-Marine Syndicate 1096 and 4 others v. Axa Oyak Sigorta A S  Lloyd's Rep. IR Plus 29, Aikens J: Worked with Andrew Burns; reinsurance; acting for Claimant reinsurer; Defendant reinsured is captive insurer of Turkish bank; Claimant seeking declaration of non-liability under reinsurance policy on grounds of Defendant reinsured's breach of conditions precedent and claims control clause, misrepresentation and/or non-disclosure
- Zurich Insurance Company v. S & J Motors (A Firm) [HQ06X03576]: acting for Claimant insurers, seeking to recover from Approved Repairer for damage to clients' vehicles, settled
- Sabre Insurance Company Limited v. (1) Allen & Allen Insurance (2) The MIB [HQ04X03361]: assisted Colin Edelman QC in acting for Claimant insurers, seeking recovery from brokers for sums paid out to an insured, settled
- Patel v. Windsor Life [HQ06X01378]: acted for Defendant insurers, seeking to avoid liability on grounds of fraud
Telecommunications & ITAdd to Portfolio
Telecommunications & IT: Competition Appeal Tribunal (“CAT”) cases, High Court cases, Mediations, Court of Appeal :
- Ethernet dispute (2014): a major regulatory case (ex ante cost orientation obligations and Ofcom’s dispute resolution powers; involving in excess of £250 million) acting for BT before the CAT led by Rhodri Thompson QC, Graham Read QC and Sarah Lee; full judgment;
- Currently instructed in a number of complicated Dial Through Fraud and Artificial Inflation of Traffic cases (2013);
- Ofcom’s interventions in respect of Ethernet disputes: a major regulatory case (involving in excess of £250 million) which has been submitted to Ofcom for dispute resolution;
- BT v Ofcom “PPC” case  EWCA Civ 1051, led by Christopher Vajda QC, Andrew Burrows QC (Hon) in the Court of Appeal and previously by Graham Read QC before the CAT:  CAT 5 (Marcus Smith QC sitting as Chairman);
- PPC case: preliminary issues judgment reported at  CAT 15;
- BT case [2009 Folio 171]: (settled) up to £90 million claim (unable to give details for confidentiality reasons), led by Graham Read QC;
- Cable & Wireless v BT [2010 case]: confidential.
Professional NegligenceAdd to Portfolio
Professional Negligence: forms a very large part of Ben's practice; particularly specialises in solicitors' negligence cases, although has extensive experience in architects', builders', brokers', surveyors' and financial advisors' negligence. Experience working with large city firms and with claims handlers directly.
Recent cases include:
- Barrister’s Negligence claim (2012): confidential, acting for QC
- A highly confidential environmental pollution “insurance archaeology” claim (2012), involving a claim against a claims handler and an insurer
- … Recycling Limted v … [5 Defendants] [2011/2012]: a very complicated, multi-party dispute involving three sets of insurance brokers and two sets of insurers
- Compton v ... (2011): high-value solicitors’ professional negligence claim arising out of mishandled personal injury claim
- Northern Rock v ... (2011): high-value solicitors’ professional negligence claim arising out of allegedly mishandled, complicated property transaction
- Nouri v.Marvi & Others  50 EG 64: successfully struck out (on limitation grounds) a solicitors' negligence claim, arising out of conveyancing, acting for Defendant solicitors. Case involved (1) Sephton issues and (2) continuing duty issues
- £1.2m insurance broker claim (confidential) (2010)
- Barrister's negligence claim : instructed by BMIF, multi-million pound claim, settled (unable to give any details for confidentiality reasons)
- Coley v ... Cruising Association Limited (2009): professional indemnity claim arising out of marine lifting damage to rare, valuable vessel
- Bank of ... v ... Solicitors (2009): Solicitors' negligence/breach of trust claim arising out of (possibly) alleged mortgage fraud (Bristol District Registry)
- Traditional & Contemporary v. ... [HQ09X01146]: high-value, solicitors' negligence claim, acting for solicitors, restrictive covenants issue
- Attwood & White v. ... [HC09CO2119]: high-value solicitors' negligence claim, acting for solicitors, Commons Registration Act 1965 issue
- Nwaogbe v. CWU [HHJ Higgins, 2008]: won 3-day Trade Union negligence claim acting for Defendant; claim valued at £400,000 to £500,000
- The Welsh Rugby Union Limited v. Morgan Cole (A Firm) [HQ07X03343]: solicitors' negligence claim, acting for Claimant, led by Colin Edelman QC, value of claim approx £2million, settled
- Mr Hossain and 13 others v. ... QC and 4 others [HQ07X01809]: barrister's and solicitors' negligence claim, acting for Defendant QC, led by Andrew Burns, value of claim approx £2million, settled
- Khan and Barton v. ... Solicitors [7BM30454]: solicitors' negligence claim, arising out of conveyancing and litigation, acting for Defendant, value of claim limited to £100,000, settled
- (1) Lancashire Mortgage Corporation Limited (2) First National Finance (UK) Limited v. (1) Horace Onobrakpeya (2) Colin Ikoku (3) Mohammed Irfan [HC07C 026991]: solicitors' negligence/malpractice claim, acting for Claimant mortgage lenders, freezing injunctions, writ ne exeat regno injunctions and delivery up orders;
- Navigators & General Insurance Company Limited v. Yachtmaster Insurance Services [2007 Folio 439]: settled claim against delegated underwriter for breach of a DUA, acting for Claimant, claim originally in Mercantile List
General Commercial DisputesAdd to Portfolio
- ... Limited v. ... Solicitors: (2013) very high value aggregation claim, acting for insurer, led by Colin Edelman QC and Derrick Dale QC (unable to give any further details for confidentiality reasons): this case is the forthcoming aggregation dispute currently in Court, concerning Solicitors’ Professional Indemnity and mortgage fraud
- Ethernet dispute (2013): a major regulatory case (involving in excess of £250 million) acting for BT, now before the CAT and listed for hearing later in 2013; being led by Rhodri Thompson QC, Graham Read QC and Sarah Lee.
- BT v Ofcom “PPC” case  EWCA Civ 1051, led by Christopher Vajda QC, Andrew Burrows QC (Hon) in the Court of Appeal and previously by Graham Read QC before the CAT:  CAT 5 (Marcus Smith QC sitting as Chairman)
- A highly confidential environmental pollution “insurance archaeology” claim (2012), involving a claim against a claims handler and an insurer
FraudAdd to Portfolio
- Direct insurance fraud claims acting for insurers, including "death" claims, both domestic and international
- Insurance aggregation claims arising out of fraud.
- Professional negligence claims arising out frauds, fraudulent tax schemes and domestic and international fraudulent transactions; acting for and against barristers, solicitors, architects and other professionals in circumstances involving these and other kinds of frauds
- Very significant experience dealing with solicitors' PI claims arising out of mortgage frauds.
- Editor of MacGillivray on Insurance Law and regularly gives seminars relevant to many kinds of insurance and professional negligence claims arising out of fraud.