Ben Waistell
Ben is an experienced commercial and chancery junior with particular experience in civil fraud and asset recovery exercises, commercial litigation (including aviation, telecoms, international sale of goods, and energy), shareholder and partnership disputes, international arbitration, and financial services. In recent years Ben has also developed a strong media practice in music, entertainment, and related IP disputes.
A large proportion of Ben’s work has an international or offshore element, and he has a particular interest in the conflict of laws and enforcement issues these raise. Notably he acted in Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited [2023] CA (Bda) 13 Civ (led by Lord Falconer KC, Steven Thompson KC, and Sebastian Isaac KC), a leading common law authority addressing the applicable law for misrepresentation claims and various aspects of the doctrine of renvoi. He has been instructed to advise and/or act in relation to the DIFC, the Astana International Financial Centre, the Abu Dhabi Global Markets Court, Bermuda, Cayman, Jersey, Guernsey, BVI, the Singapore International Commercial Court, and LCIA, DIFC, LMAA, ICC, ICSID, and ad hoc arbitrations.
Ben is a robust advocate who relishes trials and heavy interlocutory applications, both led and unled. He is regularly instructed against far more senior opponents. Ben has repeatedly succeeded in crafting and obtaining unusual or ambitious relief, where required by the client. This has included unusual orders for interim declarations of beneficial ownership, an order for immediate repayment of the fruits of a fraud on an interim injunction application, bespoke injunctive relief in relation to social and digital assets, and the recent obtaining of summary judgment on the issues in a US$3.8m unjust enrichment claim where a set-off was found to be the only viable defence. Adept at suiting his advocacy style to the situation and the tribunal, Ben is known for fearlessly representing his clients’ interests and presenting bold submissions as straightforward solutions.