Barrister Profile

Ben Lynch

Year of Call2001

Recommendations

Ben was profiled as one of 10 promising junior barristers singled out as some of the best in the profession in a Legal Week Article by Ben Rigby: “Bright lights, big city – meet the young barristers making their mark” (17/11/11). Click here to read more.

Professional Negligence:

Recommended as a Leading Junior in Professional Negligence in Chambers UK 2011 (Band 4) and 2012 (Band 3).

“Colin Edelman QC ... comes well recommended along with Ben Lynch, a junior at the same set, who is strong on solicitors' negligence claims but also handles cases involving other professionals.” (Chambers UK 2011).

“Ben Lynch, at the same set [as Colin Edelman QC], also impresses. He is a "hard-working strategist" who provides "thorough, robust and pragmatic advice on technical cases."” (Chambers UK 2012)

Insurance and Reinsurance:

Ranked as a Leading Junior in Insurance and Reinsurance in Legal 500 (2009, 2010 and 2011).

"Ben Lynch is ‘very hard working’ ..." (Legal 500, 2009).

Telecommunications

Recommended as a Leading Junior (Up and Coming category) in Telecommunications in Chambers UK 2012: “ Ben Lynch is "very well thought of in this field" and is seen as a "very good junior on his way up." He has become a firm favourite for BT in its major litigations, acting both with and without a leader.”

News

Recommended as a Leading Junior in Professional Negligence and Telecommunications by Chambers UK 2012.

Ben was ranked as a Leading Junior in Insurance and Reinsurance in Legal 500 2011.

Ben is now an Editor of MacGillivray on Insurance Law, 11th Edition, 2nd Supplement (publication date 30 November 2011)

Areas of Practice

Commercial, expertise includes: (1) Insurance/Reinsurance, (2) Professional Indemnity, (3) Telecommunications and (4) General Commercial Law.

Commercial

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:

  • 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);
  • ... Limited v. ... Solicitors: (2010) very high value aggregation claim, acting for insurer, led by Colin Edelman QC (unable to give any further details for confidentiality reasons) - matter possibly proceeding in Court, rather than arbitration;
  • ... 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 [2010] 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 [2008]: 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 [2006] 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 [2006] 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.

Professional Indemnity: 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:

  • 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 [2010] 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 [2009]: 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.

Telecommunications and General Commercial Law: particular emphasis on telecommunications, competition law, Competition Appeal Tribunal (“CAT”) cases, very high value commercial contractual disputes, restitution, construction, as well as experience in insolvency and debt recovery:

  • BT v Ofcom “PPC” case: [2011] CAT 5 (Marcus Smith QC sitting as Chairman), led by Graham Read QC.
  • PPC case: preliminary issues judgment reported at [2010] 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;
  • Doserno v 7 Defendants [2009]: (settled) large, international licensing dispute, led by Graham Read QC.

Seminars & Lectures

  • "SAAMCO and Recoverability of Losses in a Falling Market" (2010)
  • "Limitation in Solicitors’ Negligence" (2010) 
  • "Confidence and Confidentiality" seminar with Andrew Burns 2009
  • "Insurance Law Update" seminar 2009
  • "Imputed Knowledge in Insurance and Reinsurance" (with Richard Harrison), 2006
  • ELA Advocacy Training Day, 2006
  • "Claims Co-Operation in Reinsurance" (with Colin Wynter), 2006
  • "Conflicts of Laws in Reinsurance" (with Colin Wynter), 2006
  • "Using Tribunal Rules to Your Advantage", 2006
  • "Inappropriate Behaviour in the Workplace", ELA Talk, 2005
  • "Limitation in Insurance and Reinsurance", 2005
  • "Employment Discrimination Law Seminar", 2005
  • "Warranties - Friend or Foe?" (with Colin Wynter), 2004
  • M5 Group seminar - "Whistleblowing: Some Questions", 2004
  • "Eastwood/McCabe & Dunnachie" and "Mental Impairment, DDA Claims & Expert Evidence" Seminar, 2004
  • ELA Advocacy Training Day - July 2004
  • "Claims Co-operation Clauses/Claims Control Clauses" (with Colin Wynter), 2004
  • PIBA Annual Conference 2004
  • "Issues of Limitation in Insurance and Reinsurance" Seminar (with Richard Harrison), 2004

  • ELA Litigation Seminar weekend 2004 (Group Supervisor)

Recent Publications

  • MacGillivray on Insurance Law, 11th Edition, 2nd Supplement (publication date 31 October 2011)
  • "Discriminate without prejudice" (2004) 154 NLJ 1038
  • "Pleading Fraud: the Insurer's Alternative" (2004) 154 NLJ 502 with Andrew Burns

  • "What will happen to the QC Clause in Insurance Contracts if the rank of QC is abolished?" Corporate Counsel Magazine 2003

Professional Membership

COMBAR, PNBA, ELBA, Bar Pro Bono Unit, London Common Law and Commercial Bar Association

  • LCLCBA committee member
  • Lawyers Fishing Club membership secretary
  • Previously on Employment Lawyers Association Training Committee

Education

  • Columbia Law School, LLM (Stone Scholar)
  • Inns of Court School of Law (Very Competent)
  • Balliol College, Oxford, BA (Hons) Law (Top First in college, Paton Scholar)
  • King's College School, Wimbledon

Additional Information

Languages: Working French