Cripps

Dispute Resolution

Partner

Known for his robust technical knowledge and thorough approach, Ben has an approachable and easy manner with clients, whilst not losing sight of the detail and the commercial importance of the matter.

Working in commercial litigation, clients come to Ben to help manage their risks and sure-up their commercial position. In contentious insolvency matters, Ben plays a key role in advising office holders over their powers and pursuing claims to get the best results for creditors. In both fields, Ben takes pride from delivering detailed but practical advice with real added value, explaining all the issues and the risks at hand, so as to empower his clients to make informed decisions.

Once a course of action is decided upon, Ben is dedicated to delivering the result and value to the client. He is not afraid to venture into new and unfamiliar areas of law or handle difficult negotiations.

Key Work Highlights Assistance in running a successful claim for the client in the reported decision Catalyst Business Finance Limited v Very Tangy Television Limited, Richard Tuckwell & Very Tangy Media Limited [2018] EWCH 1669 (QB). This decision affirmed lenders’ entitlement to rely on a conclusive evidence clauses in personal guarantees, as well as clarifying on the distinction between a guarantee and an indemnity. Assistance in advising the Liquidators in a successful claim for unlawful dividends, in the reported decision in Toone and another v Robbins and another [2018] EWHC 569. Being the lead advisor to the Liquidators in a multifaceted misfeasance action / Office Holder claim in the High Court worth in excess of £5 million. Experienced user of the Commercial Court’s Short Trials Scheme, which operates a streamlined procedure with the aim of providing for the expeditious and less costly recovery of commercial debts. Advising factors, asset-based and commercial lenders in actions involving security and guarantee enforcement and collect-out / recovery of losses under invoice finance agreements. Managing debt recovery actions and undertaking all associated Court Work with the same. Acting for Trustees-in-Bankruptcy in the realisation and protection of bankruptcy estate assets. Conduct of applications to recover assets for the insolvency estate inclusive of possession & sale actions, dealing with annulment applications and agreeing/settling charges under Section 313 Insolvency Act 1986.