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Benjamin Phelps

Call 2017

bphelps@2tg.co.uk

+44 (0)20 7822 1256

Overview

Ben is developing a practice in line with chambers’ core areas with a particular emphasis on disputes with an international dimension, commercial and employment litigation.

Ben has assisted both leading and junior counsel in cases covering all of chambers’ core areas. Highlights include: contesting jurisdiction, applicable law and service regarding a pre-action disclosure application in a high value contractual dispute; advising on duty of care in a novel situation falling into a lacuna between the Occupier’s Liability Acts; and  advising on the effect of illegality on a tree subsidence claim.

Prior to joining chambers, Ben read law at Jesus College, Cambridge where he graduated with a first, was elected to a scholarship and was awarded the Russel Vick award for outstanding performance in University examinations.

Property Damage

Ben has experience advising and drafting in a wide range of property damage matters. Ben has particular expertise in fires, floods, subsidence and the New Roads and Street Works Act 1991.

Ben has recently completed two secondments at international law firms sitting with their respective property damage teams where he worked on a range of high value cases.

Ben has worked on multiple, high value and high-profile property damage disputes raising issues of coverage, limitation and estoppel.

Insurance & Reinsurance

Ben has recently completed two secondments at international law firms where he worked on a range of coverage issues in relation to property damage work.

Ben has assisted on high value motor insurance cases concerning coverage for deliberate acts.

Ben has a particular interest in the law governing contribution between insurers.

Commercial

Ben has experience of advising and pleading in a broad range of commercial disputes including partnership disputes, insolvency and general contractual disputes.

Ben has recently assisted in high value contractual claim that raised issues of choice of law, jurisdiction and service. Ben has also assisted in advising on choice of law in arbitration.

Private International Law

Ben has recently assisted in advising and drafting in a pre-action disclosure application in a high value contractual dispute raising complex issues as to jurisdiction, applicable law and service. Ben has also assisted in advising on choice of law in arbitration.

Travel

Ben has experience of a range of cases involving injuries abroad and advising on jurisdiction and applicable law.

Ben has a particular expertise in the Montreal and Athens Conventions.

Employment

Ben has experience advising and drafting in a range of employment matters including unfair dismissal, discrimination and restrictive covenants.

Ben has a particular interest in the enforceability of restrictive covenants in relation to information obtained by an employee during employment and in procuring or resisting springboard injunctions.

Personal Injury

Ben has experience of advising and drafting in personal injury matters.

Ben recently assisted in advising on a complex Occupier’s Liability case which fell into a lacuna between the two acts.

Clinical Negligence

Ben has experience of a wide range of clinical negligence work. Ben has assisted in advising, pleading and negotiating in matters ranging from necrotising fasciitis to amputation cases.