Ben is an experienced litigator who advises clients in complex disputes both in relation to commercial and property matters. Having litigated in the High Court, Court of Appeal and Supreme Court, this gives him the understanding to manoeuvre clients into the best position to achieve their desired outcomes.
The Legal 500 has recognised Ben as a Key Lawyer for the past 6 years and in the 2024 edition in the fields of Commercial Litigation, Property Litigation and Commercial Property: Corporate Occupiers. The wider litigation team at RFB is recognised as
“technically brilliant. I feel that I have the full force of the team when they act for me. Very few firms bring such a collaborative approach, where you feel that they are an extension of your own team. They understand that I need to make commercial decisions, and they have that at the forefront of everything they do”
In his commercial litigation practice, Ben advises both corporate entities and high net-worth individuals in relation to claims involving shareholder and partnership disputes; debt recovery and winding up petitions; breach of contract disputes; accessory liability; breach of director’s duties and minority shareholder unfair prejudice petitions.
Ben also has an active property litigation practice acting for both landlord and tenants and specialises particularly in lease extensions, leasehold enfranchisement, rights of first refusal and right to manage claims being a member of the Association of Leasehold Enfranchisement Practitioners. Other non-exhaustive property-related issues he handles include commercial lease renewals; landlord and tenant disputes; challenging receivership appointments and sales; possession proceedings; boundary disputes and adverse possession.
In his role as mediator, Ben can be instructed to attempt to settle disputes at a confidential mediation which has the benefit of saving time, costs, emotional distress, and reputation. This is an emerging alternative dispute resolution method and should be considered at the earliest stage possible in any dispute. Having this additional role also assists in his litigation practice.
Outside of work, Ben is a keen Man City fan (even pre-2008!) and father to a little boy.
Ben’s Cases:
- Being part of the Supreme Court team in the leading case of Lifestyle Equities C.V. & Anor -v- Ahmed & Anor [2024] UKSC 17 which reversed decades of case law in relation to joint tortfeasorship and accessory liability in which we successfully appealed on behalf of the company directors being liable for £3.4m of trademark breaches found in the Court of first instance resulting in them not being liable and a new legal test for accessory liability being established.
- Pantheon International Advisors Limited v Co-Diagnostics, Inc [2023] EWHC 1984 (KB): Instructed in the leading case on permission to serve out of the jurisdiction and successfully establishing that there was a good arguable case of a contract with a choice of jurisdiction clause and therefore there had been good service in Utah without permission of the Court.
- Successfully obtaining judgment for circa €2,000,000 in relation to an oral contract and successfully arguing estoppel by representation in a shareholder dispute. Reported – Markus Pedriks v Serge Grimaux [2021] EWHC 3448 (QB).
- Successfully seeking permission to amend case and defending an application for strike out in above case in relation to promissory notes and estoppel. Reported – Markus Pedriks -v- Serge Grimaux [2019] EWHC 2165 (QB).
- Successfully making an injunction application to prevent the advertisement of a winding-up petition. Reported - LF v B [2019] EWHC 3825 (Ch).
- Acted for the Respondent in an injunction application for delivery up of fixtures and chattels, following the winding up of a group company. Successfully reversed the Judge’s decision prior to it being handed down so the client was able to retain valuable autoclaves. Reported - URT Group Ltd -v- Dowers [2018] EWHC 3195 (Ch).
- Acting for a developer to challenge the appointment of receivers and successfully having 4 properties removed from auction.
- Getting successful judgment at a 3-day trial at Central London County Court in relation to a commercial property where there were issues of adverse possession, rights of way, trespass and nuisance with the litigious neighbour.
- Acting for an Asset Manager to secure possession of commercial premises from an occupier alleging occupation under a Lease protected under the Landlord and Tenant Act 1954. Successfully obtaining possession, an injunction for life and costs using principles of Javad v Aqil [1991] 1 All ER 243.
- Completing a right of first refusal claim on behalf of circa 85 leaseholders in Liverpool.
- Completing a statutory residential lease extension for a premium value of £585,000.
Ben Frost
Litigation Partner
