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

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

It pays to have good faith in commercial contracts

The High Court has recently provided guidance on a good faith clause in a contract with respect to a claim involving the use of a contracting party's data in the context of establishing a competing business.

Non-compete clause unenforceable as it included a restriction on holding a minor shareholding in a competing business

Restrictive covenants are a useful tool for employers to protect their competitive edge and to reduce the risk of 'star employees' leaving to join competitors.However, failure to draft them carefully can leave both employer and employee in limbo.

Access to Court documents by an Interested Non-Party

A High Court master has recently given extensive guidance in the case of Dring v Cape Distribution Ltd and others [2017] on the right of an interested non-party to access court documents.

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.