Benjamin Phelps

Call 2017

"An excellent lawyer."

Legal 500 2024


Ben has a busy private international law practice, whether that be challenging jurisdiction, determining/ applying the applicable law, or appearing before international Courts. Ben has experience of the PD6B gateways for service out of jurisdiction, Rome I, Rome II, the Brussels I Regulation (Recast), the Lugano Convention, and forum conveniens. Ben also has experience of intra UK jurisdiction and applicable law disputes.

Ben regularly writes and speaks on conflict of laws issues. He assisted Marie Louise Kinsler KC (the National Rapporteur) in writing the UK’s review of Rome II for the European Commission.

Notable Private International Law cases

Brownlie v FS Cairo [2021] UKSC 45

Landmark case concerning the scope of the tort gateway for service out of the jurisdiction and the requirement to plead and prove foreign law (junior counsel to Marie Louise Kinsler KC, Howard Palmer KC and Alistair Mackenzie).

Roberts v MOD [2022] UKSC 29

Choice of law in contribution claims and in particular whether the Civil Liability (Contribution) Act 1978 has overriding/ mandatory/ extraterritorial effect such as to apply to a contribution claim governed by German law (led by Charles Dougherty KC).

TICL v Partner Re [2023] EWHC 3243 (Comm):

(Commercial Court and Court of Appeal) s9 Arbitration Act 1996 application and application for a final anti-suit injunction in the context of a high value reinsurance dispute. Permission to appeal to the Court of Appeal granted. (led by Tim Killen, instructed by Reed Smith).

TICL v GIC (2023):

(Commercial Court) Interim anti-suit relief obtained on an urgent basis in the context of a reinsurance dispute. Judgment on return date awaited. (led by Tim Killen, instructed by Reed Smith).

X v Y (2022)

Advising as sole counsel on the law applicable to a contribution claim following the Supreme Court’s judgment in Roberts v MOD. The claim concerned a high-value product liability dispute.

X v Y (2022)

Advising on the question of applicable law in relation to a contribution claim between insurers in a situation of cumulative insurance provided in respect of an energy installation. The case raised issues of characterisation of the claim for the purposes of the applicable law framework, identifying the law applicable to insurance contracts and the role of overriding or mandatory provisions of the forum (led by Marie Louise Kinsler KC).

X v Y (2022)

Advising on jurisdiction, applicable law and an exclusion clause in relation to a fire started in a defective machine supplied by the defendant. Sole counsel.

McEvoy v Various (2022 - 2023)

Claim against fifteen defendants arising out of an accident in Nigeria. Questions of applicable law and duty of care under Nigerian law.

Tyers v Cameron and others (2021)

Jurisdiction challenge on behalf of a Delaware company raising various issues including the scope of the necessary or proper party gateway and forum conveniens (led by Marie Louise Kinsler KC).

X v Y (2021)

Advising on jurisdiction and in particular the scope of the tort gateway for contribution claims in a £multimillion product liability claim (led by Neil Moody KC and Isabel Barter).

Peacock v HHI (2019 – 2023)

Challenging jurisdiction on behalf of a South Korean domiciled defendant. Raising questions of the scope of the tort gateway following Brownlie, the application of the necessary or proper party gateway, forum conveniens and recent case law on challenging extensions of time (led by Marie Louise Kinsler KC).

X v Y (2020)

Challenge to service out of the jurisdiction. Points taken on the necessary or proper party gateway and forum conveniens. Case turned on the relevance of subsequent events or subsequent information, after permission to serve out had been granted, to the gateway and to forum conveniens. In particular considering the remarks of Hoffman J in ICS v Guerin and Andrews J in Gunn v Diaz (assisting leading counsel).

X v Y (2019)

Question of applicable law in a high value breach of contract claim by a prominent sports team (assisting leading counsel). The argument as to which law applied could provide a complete defence to a claim in excess of £5 million.

Bhatti (2019 – 2020)

Trial on a preliminary issue of habitual residence under the Rome II Regulation scheduled for early 2020 (assisting Marie Louise Kinsler KC and Alistair Mackenzie). Settled.

X v Y (2019)

Advising on jurisdiction and applicable law in an intra UK multi-million claim for damages following severe injuries suffered by a child (assisting Marie Louise Kinsler KC).

Sullivan v TCA (November 2019 – ongoing)

Case before the Supreme Court of Gibraltar with Benjamin Browne KC. Claim valued circa £15 million.

Ben has a flourishing and diverse commercial practice acting for Claimants and Defendants in a broad range of disputes, both led and unled.

Notable Commercial cases

Emissions Litigation (2021-ongoing)

Acting for Ford in respect of a large group claim concerning NOx emissions and diesel engines. GLO made in December 2023 following hearing in November 2023. Pan-NOx emissions hearing before the President of the KBD, Cockerill J, Constable J and Senior Master Cook on 8 December 2023 [2023] EWHC 3173 (KB). Led by Neil Moody KC, Sonia Nolten KC, and leading Kate Legh, instructed by Hogan Lovells.

Reinsurance dispute (2023-ongoing)

Multiple sets of parallel proceedings, anti-suit relief and s9 Arbitration Act 1996 application (led by Tim Killen).

2021 London Floods (2021-ongoing)

Acting for the major insurers in commercial insurance disputes valued at more than £100m (led by Neil Moody KC and George Hilton).

SKS & Another v Pope & Another (2021)

Defending a claim for recission of a settlement agreement in the Chancery Division.

X v X (2020)

Mandatory injunctions in a £17million run off dispute (led by Nikki Singla KC).

X v X (2020)

Advising as sole counsel on issues of state and diplomatic immunity in a claim valued in excess of £1million.

Stressline v Mannix (2020)

Dispute arising out an allegedly phantom security guard.

Malden v Patel (2020)

Dispute arising out of an alleged breach of a share purchase agreement.

X v X (2019)

Advising a charity on breach of fiduciary duty, breach of contract and potential injunctive relief.

X v X (2019)

Advising a party who successfully obtained declaratory relief following Part 8 proceedings on enforcement of declaratory relief.

In the matter of X (a company) (2019)

Advising a shareholder on an unfair prejudice petition raising issues of lawful act economic duress following Times Travel UK Ltd [2019] EWCA Civ 824.

Hyperama Plc [2018] EWHC 3484 (QB)

Successfully obtained a doorstep delivery up order in the context of alleged theft of confidential information by employees (assisting Stuart Benzie and Will Clerk).

Ben has a broad employment practice, advising and representing both employers and employees in a wide range of disputes. He has experience in particular of unfair dismissal, discrimination, whistleblowing and breach of restrictive covenants.

Notable Employment cases

X v Y (2021 – ongoing)

Acting for a claimant in a complex disability discrimination and unfair dismissal claim concerning allegations of duress, and inappropriate contact with a child (9 day trial in 2023).

DC v A & Others (2022-ongoing)

Acting for the third respondent in a whistleblowing claim. Trial listed for 10 days in October 2023. The case had previously been to the EAT – the judgment featured the memorable phrase: “you can’t decide whether a claim has reasonable prospects of success if you don’t know what it is”.

AEM v DI (2021-2022)

Disability discrimination claim tried over 4 days in May 2022.

BP v GPH (2020-ongoing)

Question of whether a purposive construction of s44 ERA 1996 was possible in the wake of R (on the application of the Independent Workers’ Union of Great Britain). Appeal to be heard by EAT in February 2023.

X v Y (2019 - 2020)

Representing an employee in a disability discrimination claim against a large tech company in the context of complicated mental health problems. Settled at JSM.

Hyperama Plc [2018] EWHC 3484 (QB)

Successfully obtained a doorstep delivery up order in the context of alleged theft of confidential information by employees (assisting Stuart Benzie and Will Clerk).

Ben regularly advises, drafts and appears in property damage cases.

Notable Property Damage cases

Olcott v DTS and PPS (2021 – 2023) (TCC)

Claim in respect of an escape of water said to have been caused by the defendants’ failure to draw attention to a fault in a system of pumped drainage. Ben appears as sole counsel against a KC. Claim compromised shortly before 5 day listing in early 2023.

NCD v K and others (2021 – ongoing) (TCC)

£multimillion claim against multiple defendants arising out of the failure to install a non-return valve/ system of pumped drainage in a high value development (led by Neil Moody KC).

2021 London Floods (2021 – ongoing)

Acting for the major insurers in commercial insurance disputes valued at more than £100m (led by Neil Moody KC and George Hilton).

B v R (2021 – ongoing)

Substantial fire claim.

X v Y (2022 – ongoing)

Advising on jurisdiction, applicable law and an exclusion clause in relation to a fire started in a defective machine supplied by the defendant.

X v Y (2022 – ongoing)

Substantial claim arising out of an escape of oil.

Ben has a busy travel practice. For cases where jurisdiction and/ or applicable law were disputed please see the Private International Law section above. Ben regularly appears and advises in cases arising from accidents abroad where the application of foreign law is necessary to determine limitation, liability and quantum. Ben also regularly appears in cases under the Package Travel Regulations.

Ben was invited to speak at the 2020 ABTA annual conference. He spoke on the impact of Griffiths v TUI on travel sickness claims and the future of travel law in light of Covid.

Notable Travel cases

Clark v ACM IARD SA (2020-2021)

Skiing accident governed by French law. In particular dispute as to appropriate expert evidence, the differences between French and English expert evidence and the effect of Griffiths v TUI.

Wright v Euroins (2020)

RTA, Romanian law. Substantial dispute on the Romanian law evidence.

Loring v Reale (2020)

Sole counsel, accident in Spain with limitation, liability and quantum all in dispute.

Bonage v Pacifica (2019-2020)

Sole counsel, injury sustained in a French hotel.

Bagshaw & Another v TUI (HHJ Jarman KC) (2019)

Acted for the successful claimants in this Package Travel Regulations claim in which all claimants beat their Part 36 offers. The case concerned the application of Reg 15(2)(c) i.e. events beyond the control of the defendant, and the evidence that was required to make good the defence.

Ben advises, drafts and appears in product liability cases. Recent instructions range from an exploding e-cigarette to a £multimillion fire said to have been caused by a defect.

Ben is junior counsel to Neil Moody KC acting for acting for a leading car manufacturer in a large group claim involving emissions and diesel engines.

Ben also acts as junior counsel to Neil Moody KC and Isabel Bater in a £multimillion product liability claim in which it is alleged a fire arose from a frozen drinks machine.

Ben regularly speaks on issues of jurisdiction and applicable in relation to product liability cases.

Ben acts for both Claimants and Defendants in professional negligence claims. He represented the successful defendant in Gallagher v Hallows Associates (HHJ Jarman KC, 2020) in their challenge to jurisdiction which disposed of a circa £500,000 solicitor’s negligence claim.

Ben is case digest editor of the Professional Negligence of Bloomsbury’s Journal of Professional Negligence.

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 a particular interest in non-party costs orders against Insurers having recently delivered talks on the same with Howard Palmer KC.

Ben advised and acted for an Insurer in a professional negligence claim in a complex case involving contesting jurisdiction over invalid service and the effect of an Insured’s bankruptcy in a case outside the scope of the Third Parties (Right Against Insurers) Act 2010.

Significant Cases

Brownlie v FS Cairo [2021] UKSC 45

Roberts v MOD [2022] UKSC 29

Ford Emissions Litigation [2023] EWHC 3173 (KB)

TICL v Partner Re [2023] EWHC 3243 (Comm)

Privacy Policy

Benjamin Phelps Privacy Policy

My contact details:

ICO Reg No: ZA321192
Address: 2 Temple Gardens, London, EC4Y 9AY
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.


As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane

Helpline number: 0303 123 1113
ICO website:

© Briefed Ltd 2021. All Rights Reserved.

"He is absolutely on top of his brief. He considers the whole case, and is strategic in considering how best to serve the client’s interests."

Legal 500 2024

"He has very strong advocacy skills and commercial awareness."

Chambers UK 2024

"Benjamin is technically excellent…"

Chambers UK 2023

"…very responsive and always prepared to go the extra mile."

Chambers UK 2023

"His advice is clear and commercially focused."

Chambers UK 2023

  • LJ Holker Scholarship, Gray’s Inn
  • Russel Vick Award, Jesus College
  • Scholarship of the College, Jesus College

  • BPTC, University of Law
  • BA (Hons), Jesus College, Cambridge

“He has excellent knowledge of the applicable principles and regulations. He has very strong advocacy skills and commercial awareness.”
Chambers UK 2024

Ben is an excellent lawyer. He is absolutely on top of his brief. He considers the whole case, and is strategic in considering how best to serve the client’s interests.”
Legal 500 2024

“Benjamin is technically excellent, very responsive and always prepared to go the extra mile.”
“His advice is clear and commercially focused.”
Chambers UK 2023

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