Ben Clark Associate

Photograph of Ben Clark

Contact Details

Ben is an Associate in the London Commercial Litigation team.  

Main areas of practice

Ben works on a range of commercial and contractual disputes, both domestic and cross-jurisdictional.  He is experienced in high value and complex insolvency litigation, including those concerning fraud claims, shareholder disputes, and contractual claims.  Ben has extensive experience in pursuing claims against individuals and entities outside of the jurisdiction, to include actions for asset protection, enforcement and recovery.

Clients

Ben's clients include both corporate bodies and individuals typically from the worlds of insolvency and business and finance.

He receives instructions from insolvency practitioners and accountants, SMEs, partnerships and individuals.

Significant experience

  • Running long standing insolvency proceedings for recovery of a multi-million pound deficiency against an ex-director guilty of misfeasance.
  • Complex High Court proceedings against (1) the ex-director of a company, (2) the ex-directors father and (3) his company based in Dubai to recover sums in excess of £2 million.
  • Complex shareholder disputes, typically involving petitions for unfair prejudice and in some cases involving concurrent contractual claims relating to the overall disagreement between the parties.
  • Enforcement of current and post contractual obligations owed by employees in relation to restrictive covenants in employment contracts.
  • Protection of companies' confidential information and applications for springboard relief.
  • Protection of pension trust funds targeted by pension fraudsters.

Expertise

Ben’s Blog

Court of Appeal examines the rule against reflective loss in Marex

Carlos Sevilleja Garcia v Marex Financial Limited [2018] EWCA Civ 1468 - Court of Appeal considers the rule against reflective loss and the scope of the Giles v Rhind exception.

Articles by Ben

Breach of jurisdiction clause – High Court protects company and affiliate by way of anti-suit injunction

Article

A High Court decision highlights how Courts may construe parties' intentions when interpreting jurisdiction clauses in contracts, as well as the protection that can be afforded by way of anti-suit injunctions.Ben Clark explains the impact this will have.

Blake Morgan secures win in High Court Appeal Centre

Article

Blake Morgan has secured a victory for a client in long standing enforcement proceedings by defeating an appeal of a decision from the High Court of Justice.

Extra-territorial effect of sections 236 and 237(3) Insolvency Act 1986 examined by High Court

Article

Office holders of insolvent companies are under a duty to investigate the pre-insolvency affairs of the companies over which they are appointed. However, sometimes, records of the company's dealings may no longer be in the company's possession or control.

Related Knowledge & Resources

High Court orders petitioner's purchase of 50% shareholding in company in unfair prejudice petition

In the trial of an unfair prejudice petition, the High Court has found that the actions of the first respondent represented the clearest possible breach of directors' fiduciary and statutory duties. We take look in detail.

How to protect against misuse of commercially-sensitive information

Protecting trade secrets and confidential information is crucial and what steps can employers take to prevent staff from misusing commercially-sensitive information?

The "after party" – could employers be liable for what goes on?

With employers planning Christmas parties, or indeed any kind of "works do", we look at a case where the employer was held vicariously liable for an employee's actions when those at the office party moved on to another venue where a fight broke out.

Recovering outstanding berthing fees – a guide for marinas and boatyards

Blake Morgan provides a helpful guide for Marinas and Boat Yards on recovering outstanding berthing fees.

Funding commercial litigation

Our Dispute Resolution team guide you through the options for funding commercial disputes.