Call 1995 | Silk 2016
“Ben Valentin KC remains exceptional, combining technical brilliance with strong strategic skills, even under acute time pressure.”
Chambers & Partners
Oliver Duane
Team Leader
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Ben Valentin KC is best known for the high quality and robustness of his advocacy, his clear and client-focused commercial advice and his calm, collaborative and responsive approach.
He is a commercial disputes specialist, with acknowledged expertise in disputes involving banking and finance, civil fraud, corporate transactions and company law, and insolvency and restructuring. He has extensive experience as a trial and appellate advocate, regularly appearing before the higher English courts, at all stages of proceedings. His English practice is diverse in subject matter and often international in nature.
He is also an acknowledged specialist advocate in international arbitration, and acts as an expert on English law in civil litigation overseas.
Beyond his London practice, Ben has significant experience as a trial and appellate advocate in complex offshore litigation (notably in the British Virgin Islands, the Cayman Islands and Bermuda).
Fan v Aquapoint L.P v Fan [2026] 1 WLR 1755
Ben acted for the petitioner in this landmark case about the application of equitable restraint to the exercise of the powers conferred on a general partner. The petition concerned a limited partnership formed in the Cayman Islands to hold shares in a bio-technology business. Ben represented the petitioner at trial and in both appeals. The petitioner was successful at all stages, the Privy Council dismissing the respondent’s final appeal in November 2025. Instructed by Seladore, London and Travers Thorp Alberga, Grand Cayman.
CL Financial Ltd v Attorney General of Trinidad and Tobago [2026] 2 All ER 617
Ben acted for the Joint Liquidators of CLF, formerly the largest conglomerate in Trinidad, in their appeal to Privy Council, giving rise to a leading decision on the question of the correct approach to assessing the remuneration and expenses of liquidators. Judgment in September 2025. Instructed by Lex Caribbean, Port of Spain and Sinclair Gibson, London.
Iraq Telecom Limited v Barzani and Sheni (Eastern Caribbean Court of Appeal, 30 January 2026) (sub nom NKT v (1) NMH, (2) ATG)
Ben acts for the award and judgment creditor in enforcement proceedings against shares held in a British Virgin Islands company, giving rise to several pre-trial decisions, including a leading decision by the Eastern Caribbean Court of Appeal rejecting various jurisdictional and procedural objections to the enforcement process. Instructed by Harneys (BVI), Jones Day (London) and Meysan (London).
Yieldpoint Stable Value Fund, LP v Kimura Commodity Trade Finance Fund Limited [2024] EWCA Civ 639
Ben acted for the appellant, Kimura, in a commercial dispute concerning sub-participation lending under a framework master agreement. Appeal allowed, June 2024. Instructed by Hogan Lovells, London.
Palladian Partners & others v The Republic of Argentina
Ben acted for the defendant, Argentina in a €1 billion+ noteholder claim relating to the Republic’s 2005 and 2010 GDP-linked securities. Four-week Commercial Court trial: [2023] EWHC 711 (Comm); [2024] EWCA Civ 641. Appeal dismissed, June 2024. Instructed by Sullivan & Cromwell, London and New York.
Early in his career, Ben was part of the team, instructed by Freshfields, that successfully acted for the Bank of England in defending the Three Rivers litigation after the collapse of BCCI. During his eight-year involvement, until the discontinuance of the case in 2005, the litigation generated well-known decisions, notably on privilege and indemnity costs. Since then, he has acted in numerous banking cases and is consistently ranked amongst the leading advocates in this field.
Nationwide Building Society v Bank of New York Mellon (London Branch) and Allen Overy Shearman Sterling LLP
Acting for the claimant, Nationwide, in a dispute concerning the failure to list notes on the London Stock Exchange so as to qualify for the quoted Eurobond exemption for withholding tax purposes. Case settled before first case management conference: [2025] EWHC 1046 (Comm). Instructed by Travers Smith.
Yieldpoint Stable Value Fund, LP v Kimura Commodity Trade Finance Fund Limited [2024] EWCA Civ 639
Acting for the appellant, Kimura, in a dispute concerning sub-participation lending under a framework master agreement. Appeal allowed by the Court of Appeal: June 2024. Instructed by Hogan Lovells, London.
Palladian Partners LP v The Republic of Argentina [2023] EWHC 711 (Comm); [2024] EWCA Civ 641
Acting for Argentina defending a €1 billion+ noteholder claim relating to the Republic’s 2005 and 2010 GDP-linked securities. Four-week Commercial Court trial. Instructed by Sullivan & Cromwell, London and New York.
LionHeaven UK II Ltd v Stanford [2022] EWHC 850 (Ch)
Acting for a private equity firm in a Part 8 claim seeking declaratory relief in respect of ownership of All Saints, the British retail fashion company (see also Klotho Brands, in Commercial Disputes, below). Instructed by Proskauer, London.
Aras v National Bank of Greece SA [2018] EWHC 1389 (Comm)
Acting for the senior management of a European bank in a claim to recover incentive payments due to them on the acquisition of the bank: Instructed by White & Case, London.
ECU Group Plc v HSBC Bank Plc [2017] EWHC 3011 (Comm); [2018] Lloyd’s Rep. F.C. 44
Acting for an international investment bank in connection with a dispute concerning foreign exchange trades. Instructed by Cleary Gottlieb, London.
Urban Ventures Limited v (1) Thomas & O’Reilly, & (2) Dunbar Assets Plc [2016] EWCA Civ 30; [2016] 2 P. & C.R. DG2 (Court of Appeal); [2014] EWHC 1161 (Ch); [2014] 2 E.G.L.R. 179 (Companies Court)
Acting for a substantial lender holding first charges over properties in defending an application by a second charge holder to reverse the order of priority of the charges on the basis of alleged “further advances” and “tacking” (under s.49 of the Land Registration Act 2002. Instructed by Freshfields, London.
Quah Su-Ling v Goldman Sachs International [2015] EWHC 759 (Comm)
Acting for an international investment bank in relation to various claims concerned with on demand loan facilities extended to private wealth clients in Singapore. Instructed by White & Case, London.
Azevedo v Imcopa Importacao [2015] QB 1 (Court of Appeal); [2012] EWHC 1849 (Comm)
Acting for a South American soya bean processer defending a landmark case confirming the legality of “consent payments” in the restructuring of a $100 million corporate bond issue. Instructed by Shearman & Sterling, London.
Bank of New York Mellon v Truvo NV [2013] EWHC 136 (Comm)
Acting for the London branch of a New York bank in connection with a dispute concerning the amendment of a payment waterfall in syndicated loan documentation. Instructed by Ashurst, London.
Lornamead Acquisitions Limited v Kaupthing Bank HF [2011] EWHC 2611 (Comm)
Acting for a corporate borrower in a claim against Kaupthing Bank arising from lending and swap agreements giving rise to a landmark jurisdictional decision. Instructed by Reed Smith, London
Raiffeisen Zentralbank Osterreich AG (“RZB”) v The Royal Bank of Scotland Plc [2010] EWHC 1392 (Comm); [2011] 1 Lloyd’s Rep. 123
Acting for RBS in defending a substantial commercial banking dispute involving a claim in deceit and misrepresentation arising out of £140 million syndicated loan in connection with Enron Teesside Operations Ltd. Instructed by Travers Smith, London.
National Westminster Bank Plc v Rabobank Nederland [2007] EWHC 1056 (Comm) [2007] EWHC 1742 (Comm); [2008] 1 All ER (Comm) 243 (banking; misrepresentation; indemnity costs); [2006] EWHC 2959 (Comm); [2007] 1 All ER (Comm) 975 (striking out; no case to answer); [2006] EWCA Civ. 1578; [2006] EWHC 1744 (Comm); [2006] EWHC 2108 (Comm)
Acting for NatWest in a workout banking dispute with Rabobank involving $200 million counterclaim and allegations of deceit, misrepresentation and inducing breach of contract. Instructed by Travers Smith, London
Acting for a leading investment bank in proceedings relating to unpaid amounts due from a Spanish counter-party under foreign exchange derivative transactions governed by English law (Commercial Court).
Acting for a Ukrainian industrial business in connection with a syndicated lending dispute (LCIA Arbitration).
Advising a leading investment firm in connection with its substantial property portfolio loan facilities in Ireland and the UK.
Acting for three UK ports in connection with a negligence claim against a retail bank arising from fraudulent payment transactions (Commercial Court).
Advising a leading retail bank in relation to a substantial commercial claim for damages for breach of warranty in connection with claims arising from the mis-selling of financial products.
Advising an English bank in relation to proceedings against Lehman Brothers over cross-currency swap transactions governed by ISDA Master terms (Commercial Court).
Advising an American bank in connection with a multi-party custodial services dispute.
Ben is an acknowledged civil fraud specialist, with significant experience of freezing injunctions and other interim relief, as well as the prosecution and defence of fraud claims at trial.
A number of Ben’s most significant cases have involved or arisen from substantial frauds. He acted for the AwalCo liquidators in the AHAB/Saad litigation in the Cayman Islands Court of Appeal, successfully defending the appeal (with other co-respondents) in one of the largest fraud cases before the courts anywhere in the common law world.
Ben is currently representing the claimant in a substantial claim against two leading banks relating to an Italian fraud (Commercial Court) and a Hong Kong company in proceedings relating to a substantial fraud relating to shares (BVI).
Golden Meditech Stem Cells (BVI) Company Limited v Golden Ocean Creation Investment Hong Kong Ltd (Eastern Caribbean Court of Appeal, 9 July 2025)
Acting for the Appellant, Golden Meditech, in an appeal concerning the ownership of shares in a Cayman Islands company. Summary Judgment against Appellant overturned on appeal: July 2025. Instructed by Kendall, BVI.
Credit Suisse Nominees Limited v Principal Investment Fund I Limited & others (Cayman Islands Grand Court, Financial Services Division, 12 June 2023)
Acting for Joint Provisional Liquidators in contentious winding up proceedings relating to three investment funds alleged to be affected by misappropriations by investment manager. Winding up orders made, May 2023.
AHAB v Saad Investments & Others (Cayman Islands Court of Appeal, 21 December 2021)
Acting for the Awalco Respondents in a four-week appeal in the Cayman Islands Court of Appeal in long-running, complex US$4 billion fraud claim. Appeal dismissed: December 2021. Instructed by Charles Russell Speechlys, London.
Parvalorem v Ricardo Oliveira & Others [2013] EWHC 4195 (Ch)
Acting for a commercial bank to obtain a freezing injunction in respect of auction proceeds in aid of civil fraud proceedings in Portugal. Instructed by Travers Smith, London.
Peterson & Ekstrom v Weavering Macro Fixed Income Fund Limited [2015 (1) CILR 45] (Cayman Islands Court of Appeal); [2011 (2) CILR 203] (Grand Court, Financial Services Division)
Acting for the directors of a collapsed Cayman hedge fund in relation to claims for breach of duty and wilful neglect. Instructed by Travers Smith, London.
Serious Fraud Office v Evans [2014] EWHC 3803 (QB); [2015] 1 WLR 3526
Acting for the Serious Fraud Office in relation to an alleged mining fraud.
Raiffeisen Zentralbank Osterreich AG (“RZB”) v The Royal Bank of Scotland Plc [2010] EWHC 1392 (Comm); [2011] 1 Lloyd’s Rep. 123
Acting for RBS in defending a commercial banking dispute involving a claim in deceit and misrepresentation arising out of £140 million syndicated loan in connection with Enron Teesside. Instructed by Travers Smith, London.
National Westminster Bank PLC v Rabobank Nederland [2007] EWHC 1056 (Comm); [2007] EWHC 1742 (Comm); [2008] 1 All ER (Comm) 243; [2006] EWHC 2959 (Comm); [2007] 1 All ER (Comm) 975; [2006] EWCA Civ. 1578; [2006] EWHC 1744 (Comm); [2006] EWHC 2108 (Comm); [2006] EWHC 2332 (Comm)
Acting for NatWest in a workout banking dispute involving $200 million counterclaim and allegations of deceit, misrepresentation and inducing breach of contract. Instructed by Travers Smith, London.
Acting for an executive officer in connection with a claim relating to their resignation from a bank (Cayman Islands, Grand Court).
Acting for an investor in connection with a claim in deceit and conspiracy brought by the Liquidators of BTA Bank (Commercial Court).
Acting for a majority shareholder in a claim relating to a substantial Chinese fraud (Cayman Islands Grand Court).
Acting for an investor in connection with a freezing injunction obtained by the Liquidators of BTA Bank (Commercial Court).
Acting for Liongate in proceedings against its former directors for breach of fiduciary duty (Cayman Islands Grand Court).
Advising an office-holder in connection with proceedings arising from a £150 million fraud against a substantial property group.
Acting for a German bank defending claims by the liquidators of companies in the Saad Group, following its collapse, to reverse payments made under aircraft finance facilities (Chancery Division).
Acting for three UK ports in connection with a negligence claim against a retail bank arising from fraudulent payment transactions (Commercial Court).
Acting for a nominee director in connection with proceedings arising from the alleged multi-billion dollar fraud committed against BTA Bank (Chancery Division).
Acting for a Malaysian bank in relation to claims in deceit and conspiracy arising out of a fraudulent promissory note transaction (Chancery Division).
Ben is a commercial litigation specialist; his highly-regarded tactical and forensic experience derived from the wide variety of cases in which he has acted as lead advocate. Many of these cases involved applications for injunctions and other interim relief, the summary dismissal of claims before trial, or novel civil procedure issues.
Real Assets (RA) Global Opportunity Fund I Ltd (In Liquidation) v Floreat Real Estate Ltd [2026] EWHC 576 (Comm)
Acting for joint liquidators in their claim for declaratory relief in respect of a joint venture agreement relating to a long-running dispute relating to the sale of a farm property. Judgment for claimants: March 2026. Instructed by Willkie, Farr & Gallagher, London.
Klotho Brands Limited v Stanford [2025] EWHC 1966 (Ch); [2025] EWHC 2367 (Ch)
Acting for a private equity firm in contempt proceedings relating to the breach of an injunction relating to ownership of All Saints, the British retail fashion company. Contemnor sentenced to 16 week’s imprisonment, suspended for two years. Application for extended civil restraint order made May 2026 (judgment reserved). Instructed by Proskauer, London.
Iraq Telecom Limited v Barzani (BVI High Court and Eastern Caribbean Court of Appeal, 31 October 2024l)
Acting for judgment/award creditor in ongoing enforcement proceedings against shares in a BVI company: Judgment for claimant on procedural issues: October 2024. Appeal dismissed: January 2026, Strike out of Iraqi law defence granted: March 2026. Trial of beneficial ownership issue in listed in 2027. Instructed by Harneys (BVI), Jones Day (London) and Meysan (London).
AML v Madison Pacific & others [2023] SC (Bda) 66 Civ
Acting for the Shandong defendants in challenging the jurisdiction of the Bermudian Court in relation to claims against them in unlawful means conspiracy and dishonest assistance arising in connection with an investment in an iron ore mine in Sierra Leone. Judgment for defendants: August 2023. Instructed by Walker, Bermuda and Linklaters, London.
Rabsco Inc v Prasad (CICA Civil Appeal No.24 of 2022)
Acting for the appellant, a party to a guarantee in appeal of claim against guarantor raising distinction between payment and “see to it” guarantees. Appeal allowed: August 2023. Instructed by Travers Thorp Alberga, Grand Cayman.
Palladian Partners LP v The Republic of Argentina [2023] EWHC 711 (Comm); [2024] EWCA 641
Acting for Argentina in defending a claim by noteholders relating to the Republic’s GDP-linked securities. Four week trial: October-November 2022; Judgment for Claimants: May 2023; Appeal dismissed: June 2024. Instructed by Sullivan & Cromwell, London and New York.
Arcellormittal North America Holdings LLC v Ruia & others [2022] EWHC 1378 (Comm)
Acting for an individual co-defendant to a multi-party conspiracy claim relating to the enforcement of an arbitral award. Application for summary judgment in respect of claim; application refused. Instructed by Lewis Silkin, London.
Suppipat & others v Narongdej & others [2021] EWHC 3259 (Comm) (unlawful means conspiracy)
Acting for seven defendants to a multi-party fraud claim relating to a Thai wind energy business. Instructed by Signature Litigation, London.
ArcellorMittal USA LLC v Ruia & others [2020] EWHC 3349 (Comm) (unlawful means conspiracy; permission to amend)
Acting for an individual co-defendant to a multiparty conspiracy claim relating to the enforcement of an arbitral award. Claimant’s application for permission to amend refused; case dismissed. Instructed by Lipman Karas, London.
Entertainment Partners LLC v Sargent & others [2019] EWHC 3718 (Ch) (company law; unfair prejudice petition; drag-along rights; interim injunction)
Acting for a minority shareholder in unfair prejudice proceedings relating to the forced sale of its shares. Instructed by Freshfields, London.
Manx v Scottish Widows & others [2019] EWHC 2538 (Ch) (restitution; representative action); Vannin Capital PCC v RBOS Shareholders Action Group Limited & others [2018] EWHC 2821 (Ch) (Chancery Division) (contract and agency; summary judgment)
Acting for the claimants in various proceedings relating to the completion of the settlement of the RBS Rights Issue Litigation. Instructed by Signature Litigation, London.
Sonera Holding B.V. v Cukurova Holding A.S.(1) (Eastern Caribbean Court of Appeal, 14 June 2017); (British Virgin Islands Commercial Division, 23 February 2016) (arbitration; enforcement; share sale order); (2) (Eastern Caribbean Court of Appeal, 23 June 2016) (arbitration; enforcement; injunction to restrain second arbitration); (3) [2014] UKPC 15; [2015] 2 All ER 1061 (Privy Council); BVIHCVAP 2012/0029 (Eastern Caribbean Court of Appeal, 9 May 2013) (arbitration; enforcement; New York Convention challenge); (4) (Eastern Caribbean Court of Appeal, 11 July 2013) (arbitration; enforcement; freezing injunction)
Acting for a Scandinavian telecommunications provider in proceedings against a Turkish conglomerate to enforce a $932 million arbitration award, and related New York Convention, freezing, anti-suit injunction and share sale applications. Instructed by Sullivan & Cromwell, London and New York.
Co-operative Bank Plc v Hayes Freehold; Deutsche Bank v Sentrum Holdings [2017] EWHC 1820 (Ch) (banking; leases; discharge of guarantee)
Acting for Digital Realty in defending proceedings brought by Deutsche Bank concerning the release of a guarantee. Instructed by White & Case, London.
Hellenic Petroleum Cyprus Limited v Premier Maritime Limited [2015] EWHC 1894 (Comm) (arbitration; setting aside award; shipping; charter party)
Acting for a major Greek energy group in overturning an arbitral award, under s.67 of the Arbitration Act 1996, in a case involving the alleged long-term charter party of an LPG tanker. Instructed by Hogan Lovells, London.
BAT Industries PLC v Sequana S.A. [2016] EWHC 1686 (Ch); [2017] 1 BCLC 453 (company law; transactions defrauding creditors; directors’ duties)
Acting for a publicly listed French company, and for former directors, in defending two claims to reverse substantial dividends paid by its subsidiary. Instructed by Freshfields, London.
Global Draw Ltd v IGT-UK Group Ltd [2014] EWHC 2973 (Comm) (contract; summary judgment)
Acting for a manufacturer of networked gaming systems in a claim for indemnification and breach of warranty under a share purchase agreement. Instructed by Cleary Gottlieb, London.
M&C Energy v St Cuthberts Mill [2013] EWCA Civ 935; [2013] EWHC 571 (Admin) (contract; summary judgment; second appeals)
Acting for a paper mill in defending a claim in respect of payments allegedly due under an energy consultancy contract. Instructed by CYK, London.
Peterson and Ekstrom v Weavering Macro Fixed Income Fund Limited [2015 (1) CILR 45] (Cayman Islands Court of Appeal); [2011 (2) CILR 203] (Grand Court, Financial Services Division) (company law; directors’ duties)
Acting for the directors of a collapsed Cayman hedge fund in a landmark case concerning the duties of non-executive directors in a collapsed hedge fund and the scope of a director’s liability for “wilful neglect or default”. Instructed by Campbells, Grand Cayman and Travers Smith, London.
HHR Pascal B.V. v W2005 Puppet II B.V. [2009] EWHC 2771 (Comm); [2010] 1 All ER (Comm) 399 (contract; summary judgment)
Acting for an international investment bank in relation to a contractual dispute relating to the sale of a portfolio of hotels. Instructed by White & Case, London.
TeliaSonera Finland OYJ v Alfa Telecom Turkey Limited (Eastern Caribbean Court of Appeal; 28 September 2009) (inducing breach of contract; interim injunction)
Acting for a Scandinavian telecommunications provider in a claim against a Russian entity arising from a dispute over the ownership of a substantial European mobile telephone network. Instructed by Sullivan & Cromwell, London and New York.
Three Rivers DC v Bank of England [2006] EWHC 816 (Comm); [2006] 5 Costs LR 714 (indemnity costs following claimants’ discontinuance after 256-day trial); Three Rivers No.7) [2005] EWCA Civ. 889; [2005] C.P. Rep. 46; [2005] EWCA Civ. 933 (restriction on cross-examination)
Acting for the Bank of England in the BCCI litigation in the Commercial Court, Court of Appeal and House of Lords, in which over 40 officials of the bank were accused of acting dishonestly in the supervision of BCCI SA; including a 256-day trial and various landmark decisions on misfeasance in public office, legal professional privilege, third party disclosure and indemnity costs. Instructed by Freshfields, London.
Acting for a company in a dispute relating to payments allegedly due under an asset purchase agreement (Commercial Court).
Acting as an English law expert in proceedings in Delaware relating to the Sail GP racing series.
Advising a litigation funder in connection with a substantial claim in the Competition Appeal Tribunal.
Acting as an English law expert in proceedings relating to the Davis Cup before the Barcelona Court.
Acting as an English law expert in proceedings relating to breach of confidence before the Paris Commercial Court.
Advising a litigation funder in a dispute relating to a substantial banking claim by a group of former shareholders (Chancery Division).
Acting for a private equity investor and its directors in connection with proceedings relating to the sale of a leading fashion retailer (Chancery Division).
Acting for a commercial property developer in proceedings relating to a substantial retail and residential development (Chancery Division).
Acting for a licensed offshore electricity owner in proceedings relating to undersea cable failures (Commercial Court).
Acting for a leading fashion retailer in connection with proceedings relating to the sale of a business in the Far East (Commercial Court).
Acting for an investor in disputes arising from the acquisition of a global fiduciary services business.
Advising the counter-party to a forward purchase agreement in relation to contractual issues concerning a substantial Russian retail complex.
Acting for the former directors of a property development group in connection with claims brought by a liquidator in respect of alleged breaches of duty (Companies Court).
Acting for a multinational oil company in connection with environmental breach of warranty claims arising from the sale of a German oil refinery (Commercial Court).
Acting for the administrators of a UK export manufacturer in relation to a dispute as to whether performance of a commercial contract would breach European and UK sanctions against trade with Iran (Chancery Division).
Advising a European bank in connection with a cross-border dispute with a London auction house relating to disputed pledge rights over a valuable collection of manuscripts and incunabula (Commercial Court).
Acting for an investor in relation to litigation in connection with the ownership of carbon emissions allowances and the Eggborough power station (Commercial Court).
Golden Meditech Stem Cells (BVI) Company Limited v Golden Ocean Creation Investment Hong Kong Ltd (Eastern Caribbean Court of Appeal, 9 July 2025) (application to admit fresh evidence on appeal under Ladd v Marshall principles)
Acting for the Appellant, Golden Meditech, in an appeal concerning the ownership of shares in a Cayman Islands company. Principles applicable to evidence that did not exist at date of trial in a Ladd v Marshall application: July 2025. Instructed by Kendall, BVI.
WAFR Holdings Ltd v Pearson (Cayman Islands Court of Appeal, 13 October 2021; Grand Court, Financial Services Division, 27 July 2022) (intestate succession; administration; disclosure of third party documents; control test)
Acting for Cayman Islands companies in connection with administration of intestate Cayman estate of Saudi Arabian shareholder. Application by Administrator for documents of subsidiary companies; control test. Application remitted by Court of Appeal to Grand Court, and then dismissed: July 2022. Instructed by Travers Thorp Alberga, Grand Cayman.
In re New Silk Route Advisors L.P. (Cayman Islands Grand Court, Financial Services Division, 10 February 2022)
Acting for petitioner resisting application to strike out petition. Leading interlocutory decision on case management stay pending determination of issues in foreign proceedings. Instructed by Campbells, Grand Cayman.
Ikana Holdings v Putney Capital Management Ltd & others (Eastern Caribbean Court of Appeal, 24 January 2022) (specific disclosure of third party documents; control test)
Acting for claimants in claim relating to payment of dividends following share sale relating to the Dominican Republic electricity generator. Leading interlocutory decision on control of third party documents in BVI litigation. Instructed by Carey Olsen, London and BVI.
ArcellorMittal USA LLC v Ruia & others [2020] EWHC 3349 (Comm) (unlawful means conspiracy; permission to amend)
Acting for an individual co-defendant to a multiparty conspiracy claim relating to the enforcement of an arbitral award. Claimant’s application for permission to amend refused; case dismissed. Instructed by Lipman Karas, London.
Manx v Scottish Widows & others [2019] EWHC 2538 (Ch) (restitution; representative action)
Acting for the RBS Rights Issue claimants in a representative claim under CPR 19.6. Instructed by Signature Litigation, London.
ECU Group Plc v HSBC Bank Plc [2017] EWHC 3011 (Comm); [2018] Lloyd’s Rep. F.C. 44 (banking; pre-action disclosure)
Acting for a bank respondent to an application by a former customer for pre-action disclosure under CPR 31.16 of trading information. Instructed by Cleary Gottlieb, London.
Quah Su-Ling v Goldman Sachs International [2015] EWHC 759 (Comm) (banking; on demand loans; very late amendments)
Acting for an international investment bank in relation to various claims concerned with on demand loan facilities extended to private wealth clients in Singapore. Instructed by White & Case, London.
Re Hellas Telecommunications [2013] BPIR 756 (insolvency; disclosure; legal professional privilege)
Acting for a Greek telecommunications entity in relation to an application under s.236 of the Insolvency Act 1986 against foreign lawyers to produce client documents (Chancery Division). Instructed by White & Case, London.
R (on the application of Prudential PLC) v Special Commissioner of Income Tax [2013] UKSC 1; [2013] 2 AC 185 (Supreme Court); [2010] EWCA Civ. 1094; [2011] QB 669 (Court of Appeal) (legal professional privilege; tax accountants)
Acting for the Bar Council in a landmark decision on whether legal advice privilege extends beyond communications between a client and his/her lawyer.
MG Rover Dealer Properties Ltd v Hunt [2013] BCC 698 (Chancery Division, Companies Court) (insolvency; disclosure)
Acting for the Liquidators of MG Rover in relation to complex disclosure applications made by various companies in the Phoenix group. Instructed by Linklaters, London.
National Westminster Bank PLC v Rabobank Nederland [2006] EWHC 2332 (Comm) (disclosure; privilege)
Acting for NatWest in an application for privileged documents in connection with a workout banking dispute. Instructed by Travers Smith, London.
Three Rivers v Bank of England (No.6) [2004] UKHL 48; [2005] 1 AC 610 (House of Lords); [2004] EWCA Civ. 218; [2004] QB 916 (Court of Appeal); [2003] EWHC 2565 (Comm) (Commercial Court)
Acting for the Bank of England in the leading decision on the scope of legal advice privilege. Instructed by Freshfields, London.
Three Rivers v Bank of England (No.4) [2002] EWCA 1182; [2003] 1 WLR 210 (Court of Appeal); [2002] EWHC 1118 (Comm) (Commercial Court)
Acting for the Bank of England in relation to an application for third party disclosure. Instructed by Freshfields, London.
Three Rivers v Bank of England (No.3) [2001] UKHL 16; [2003] 2 AC 1 (House of Lords); [2000] 2 WLR 15 (Court of Appeal) (summary judgment/misfeasance in public office)
Acting for the Bank of England in a leading decision on the test for summary judgment under CPR Part 24. Instructed by Freshfields, London.
ED&F Man (Sugar) Ltd v Haryanto (No.3) The Times, 9 August 1996 (Court of Appeal) (enforcement of judgments)
Acting in relation to an appeal relating to the limitation period applicable to the enforcement of a judgment. Instructed by Simmons & Simmons, London.
Acting for a representative party in ongoing proceedings relating to undisclosed commission payments (Commercial Court).
Acting for a litigation funder in connection with an application seeking privileged information under a letter of request issued by a US court.
Acting for a respondent to an application by a former shareholder for pre-action disclosure under CPR 31.16 of financial information provided confidentially to the Board of Directors.
Acting for applicants under the Evidence (Proceedings in Other Jurisdictions) Act 1975, in respect of letters of request issued by a US court (QBD).
Ben is a highly regarded specialist in the company, restructuring and insolvency fields, and has appeared in high-profile cases in London, the Cayman Islands and the British Virgin Islands. Before joining Fountain Court, Ben spent the first 15 years of his career at South Square Chambers.
Fan v Aquapoint L.P v Fan. (Privy CouncilCayman Islands Grand Court, Financial Services Division, 10 June 2022) [2026] 1 WLR 1755
Acting for the petitioner in a landmark case about the application of equitable restraint to the exercise of the powers conferred on a general partner. The petition concerned a limited partnership formed in the Cayman Islands to hold shares in a bio-technology business. The petitioner was successful at all stages, the Privy Council dismissing the respondent’s final appeal in November 2025. Instructed by Seladore, London and Travers Thorp Alberga, Grand Cayman.
CL Financial Ltd v Attorney General of Trinidad and Tobago [2026] 2 All ER 617
Acting for the Joint Liquidators of CLF, formerly the largest conglomerate in Trinidad, in their appeal to Privy Council, giving rise to a leading decision on the question of the correct approach to assessing the remuneration and expenses of liquidators. Judgment in September 2025. Instructed by Lex Caribbean, Port of Spain and Sinclair Gibson, London.
In the Matter of Position Mobile SEZC (Cayman Islands Grand Court, Financial Services Division)
Acting for Respondents to a just and equitable winding up petition relating to a mobile apps business: 10-day trial held in October-November 2025. Judgment for Petitioner, February 2026. Appeal listed in August 2026. Instructed by Campbells, Grand Cayman.
In the Matter of Uphold Limited (Cayman Islands Grand Court, Financial Services Division)
Acting for the Petitioner in a just and equitable winding up petition relating to a digital wallet business. Strike out applications dismissed: April 2024; 10-day trial held in April-May 2025. Judgment for Respondents, March 2026. Appeal listed in November 2026. Instructed by Travers Thorp Alberga, Grand Cayman.
Tethys Petroleum v Lilley [2023] EWHC 725 (Ch)
Acting for former directors defending breach of duty claim. Claim struck out on the basis of indemnity in Articles. Judgment for the defendants, January 2023. Instructed by Clyde & Co, London.
Ikana v Putney Capital Management and others (BVI Commercial Division)
Acting for the former shareholders in EGE Haina, the Dominican Republic’s electricity generator in their claim against another shareholder for unpaid dividends due upon divestment. Ten-day trial in the Commercial Court of the British Virgin Islands: March 2022. Judgment for the claimants: September 2022. Instructed by Carey Olsen, London and BVI. Instructed by Carey Olsen, London and BVI.
Entertainment Partners LLC v Sargent & Others [2019] EWHC 3718 (Ch)
Acting for a minority shareholder in unfair prejudice proceedings relating to the forced sale of its shares. Instructed by Freshfields, London. Instructed by Freshfields, London.
Ace Lead Profits Ltd & Another v Hollysys Automation Technologies Ltd (BVI Commercial Division, 22 September 2021)
Acting for a minority shareholder challenging a board decision to amend company articles. Instructed by Travers Thorp Alberga, Grand Cayman. Instructed by Travers Thorp Alberga, Grand Cayman.
Goodman v DMS Governance Limited (Cayman Islands Court of Appeal, 27 April 2020; Cayman Islands Grand Court, 2 July 2019); Goodman v Cummings & DMS Governance Limited (Cayman Islands Grand Court, 13 September 2018)
Acting for a fund service provider and a former director in proceedings relating to the collapse of a fund. Instructed by Campbells, Grand Cayman. Instructed by Campbells, Grand Cayman.
BAT Industries PLC v Sequana S.A. [2016] EWHC 1686 (Ch); [2017] 1 BCLC 453
Acting for a publicly listed French company, and for former directors, in defending claims to reverse substantial dividends paid by its subsidiary. Instructed by Freshfields, London.
Peterson & Ekstrom v Weavering Macro Fixed Income Fund Limited [2015 (1) CILR 45] (Cayman Islands Court of Appeal); [2011 (2) CILR 203] (Grand Court, Financial Services Division)
Acting for the directors of a collapsed Cayman hedge fund in a landmark case concerning the duties of non-executive directors in a collapsed hedge fund and the scope of a director’s liability for “wilful neglect or default”. Instructed by Campbells, Grand Cayman and Travers Smith, London.
Acting for a minority shareholder in petition proceedings relating to their forced exclusion from a leading private equity group (Cayman Islands, Grand Court).
Acting for a majority shareholder in a claim relating to a substantial Chinese fraud (Cayman Islands Grand Court).
Acting for the directors of a Cayman company in defence of merger-related proceedings under s.238 of the Companies Law (Cayman Islands Grand Court).
Acting for a private equity investor and its directors in connection with proceedings relating to the sale of a leading fashion retailer (Chancery Division).
Acting for the former directors of a property development group in connection with claims brought by a liquidator in respect of alleged breaches of duty (Companies Court).
Ben is a highly regarded specialist in the company, restructuring and insolvency fields, and has appeared in high-profile cases both in London and in the Cayman Islands. Before joining Fountain Court, Ben spent the first 15 years of his career at South Square Chambers.
Re Farfetch Limited (In Liquidation) [2026] 1 BCLC 487; [2024] EWHC 3340 (Ch) (insolvency, winding up, cross-border insolvency, disclosure)
Acting for Liquidators seeking orders for disclosure orders against senior managers. Application granted in part: December 2024. Instructed by Pallas, London.
Re Farfetch Limited (FSD 30 of 2024) (insolvency, winding up)
Acting for Petitioner on winding up petition in respect of holding company for leading online fashion group. Petition granted: February 2024. Instructed by Campbells, Grand Cayman.
Re BPGIC Holdings Limited (FSD 248 of 2023) (insolvency, winding up, agreement to refer dispute to arbitration)
Acting for company in relation to Cayman Islands winding up proceedings, in case determining test for referring dispute as to whether debt due to arbitration. Instructed by Campbells, Grand Cayman.
AM Holdings v Batten [2018] EWHC 934 (Ch) (insolvency; liability of former administrators)
Acting for former administrators in defending proceedings relating to the sale of a substantial City of London property portfolio. Instructed by Linklaters, London.
MG Rover Dealer Properties Ltd v Hunt [2013] BCC 698 (Chancery Division, Companies Court) (insolvency; disclosure)
Acting for the Liquidators of MG Rover in relation to complex disclosure applications made by various companies in the Phoenix group. Instructed by Linklaters, London.
Lornamead Acquisitions Limited v Kaupthing Bank HF [2011] EWHC 2611 (Comm)
Acting for a commercial customer of Kaupthing Bank in relation to complex issues under the Credit Institutions (Reorganisation and Winding Up) Regulations 2004. Instructed by Reed Smith, London.
JSF Finance & Currency Exchange Co Ltd v Akma Solutions Inc [2001] 2 BCLC 307 (Chancery Division) (winding up; interim injunction)
Renshaw Birch v Marquet [1998] BPIR 399 (Chancery Division) (winding up; interim injunction)
Advising in connection with the restructuring of a substantial infrastructure business.
Acting for Joint Liquidators in relation to a claim in a special administration concerning an alleged title transfer collateral arrangement (Chancery Division).
Acting for investors in security challenge and related proceedings arising from the Toys ‘R’ Us collapse.
Advising Arcadia in connection with a claim by a liquidator arising from the BHS collapse.
Acting for former directors in defending proceedings by a liquidator relating to the insolvency of a property development business.
Acting for a German bank defending claims by the liquidators of companies in the Saad Group, following its collapse, to reverse alleged transactions at an undervalue and preferences in respect of payments totalling $8 million made under aircraft finance facilities.
Acting for the US debtors of Nortel in relation to applications to give effect to letters of request for evidence in bankruptcy proceedings in Delaware.
Acting for the US officeholder of Overseas Shipholding Group Inc (and related companies) in respect of multiple applications to recognise US Chapter 11 proceedings under the Cross-Border Insolvency Regulations.
Acting for the Liquidators of MG Rover in connection with claims against the former Phoenix directors.
Ben is an acknowledged arbitration specialist. Throughout his career, Ben has acted in international commercial arbitrations, often as a member of an integrated legal team, and now as lead advocate. His practice also encompasses all aspects of the enforcement of and challenge to arbitral awards, as well as acting as an expert on English arbitration law in foreign proceedings.
In 1995-96, he was a foreign intern in the international arbitration group at Skadden, Arps in New York. He regularly teaches arbitration advocacy as part of the external faculty to a leading US law firm. His arbitration work also includes a number of reported court decisions, including most notably as lead advocate for many years for Telia (Sonera) in its long-running BVI enforcement proceedings relating to Turkcell.
Iraq Telecom Limited v Barzani and Sheni (Eastern Caribbean Court of Appeal, 30 January 2026) (sub nom NKT v (1) NMH, (2) ATG)
Acting for the award and judgment creditor in enforcement proceedings against shares held in a British Virgin Islands company, giving rise to several pre-trial decisions, including a leading decision by the Eastern Caribbean Court of Appeal rejecting various jurisdictional and procedural objections to the enforcement process. Instructed by Harneys (BVI), Jones Day (London) and Meysan (London).
Hellenic Petroleum Cyprus Limited v Premier Maritime Limited [2015] EWHC 1894 (Comm)
Acting for a major Greek energy group in overturning an arbitral award, under s.67 of the Arbitration Act 1996, in a case involving the alleged long-term charter party of an LPG tanker. Instructed by Hogan Lovells, London.
Sonera Holding B.V. v Cukurova Holding A.S. (1) (Eastern Caribbean Court of Appeal, 14 June 2017); (British Virgin Islands Commercial Division, 23 February 2016) (arbitration; enforcement; share sale order); (2) (Eastern Caribbean Court of Appeal, 23 June 2016); (3) [2014] UKPC 15; [2015] 2 All ER 1061 (Privy Council); BVIHCVAP 2012/0029 (Eastern Caribbean Court of Appeal, 9 May 2013); (4) (Eastern Caribbean Court of Appeal, 11 July 2013)
Acting for a Scandinavian telecommunications provider in proceedings against a Turkish conglomerate to enforce a $932 million arbitration award, and related New York Convention, freezing, anti-suit injunction and share sale applications. Instructed by Sullivan & Cromwell, London and New York.
Acting for an energy company in a dispute relating to an English law contract for the supply of fuel (ICC arbitration).
Acting for a multinational telecommunications company in a dispute relating to the supply of equipment to Iran (ICC arbitration).
Acting for a private fund in defending a claim by a former employee (LCIA arbitration).
Acting for former employees seeking to enforce indemnity agreement in respect of defence costs of High Court proceedings (LCIA arbitration).
Acting for a shareholder in connection with a dispute relating to a Libyan refinery (ICC arbitration).
Acting for a telecommunications group in connection with a warranty claim relating to an investment in Kazakhstan (LCIA arbitration).
Acting for an oil and gas company in relation to a substantial shareholder dispute (LCIA arbitration).
Acting for a Ukrainian business in connection with a syndicated lending dispute (LCIA arbitration).
Acting for an international investment bank in connection with a close out dispute (LCIA arbitration).
Acting for the investors in a food processing group in relation to claims made under a sale purchase agreement and in fraudulent misrepresentation (LCIA arbitration).
Acting for an investor in relation to claims in connection with a new luxury hotel (LCIA arbitration).
Acting for an insurer in defending claims by an insured under a patent infringement excess policy (ad hoc arbitration).
Acting for a corporate shareholder in connection with an international dispute relating to the management of a Russian retailer and related arbitration and litigation in England and the British Virgin Islands (LCIA arbitration; Commercial Court; BVI Commercial Division).
Acting for a shareholder in a Ukrainian airline in a contractual dispute between its shareholders (LCIA arbitration).
Acting for an investment bank in relation to an insurance claim arising from the Enron collapse (LCIA arbitration).
Advising in connection with a claim to recover a $30 million payment made by mistake at completion of a sale and purchase agreement (LCIA arbitration).
Advising an Indian telecommunications company in connection with a commercial dispute arising from a joint venture with Vodafone (ad hoc arbitration).
Acting for a Canadian mining company in relation to a claim to recover its initial investment in a gold mine in the Republic of Kazakhstan (UNCITRAL arbitration).
In addition to his London-based practice, Ben has substantial experience of offshore dispute resolution in the British Virgin Islands and the Cayman Islands, including in several substantial and leading cases in those jurisdictions.
Aquapoint LP v Fan (Privy Council) [2026] 1 WLR 1755
Acting for the petitioner in a landmark case about the application of equitable restraint to the exercise of the powers conferred on a general partner. The petition concerned a limited partnership formed in the Cayman Islands to hold shares in a bio-technology business. The petitioner was successful at all stages, the Privy Council dismissing the respondent’s final appeal in November 2025. Instructed by Seladore, London and Travers Thorp Alberga, Grand Cayman.
CL Financial Ltd v Attorney General of Trinidad and Tobago [2026] 2 All ER 617
Acting for the Joint Liquidators of CLF, formerly the largest conglomerate in Trinidad, in their appeal to Privy Council, giving rise to a leading decision on the question of the correct approach to assessing the remuneration and expenses of liquidators. Judgment in September 2025. Instructed by Lex Caribbean, Port of Spain and Sinclair Gibson, London.
In the Matter of Position Mobile SEZC (Cayman Islands Grand Court, Financial Services Division)
Acting for Respondents to a just and equitable winding up petition relating to a mobile apps business: 10-day trial held in October-November 2025. Judgment for Petitioner, February 2026. Appeal listed in August 2026. Instructed by Campbells, Grand Cayman.
In the Matter of Uphold Limited (Cayman Islands Grand Court, Financial Services Division)
Acting for the Petitioner in a just and equitable winding up petition relating to a digital wallet business. Strike out applications dismissed: April 2024; 10-day trial held in April-May 2025. Judgment for Respondents, March 2026. Appeal listed in November 2026. Instructed by Travers Thorp Alberga, Grand Cayman.
Iraq Telecom Limited v Barzani and Sheni (Eastern Caribbean Court of Appeal, 30 January 2026) (sub nom NKT v (1) NMH, (2) ATG)
Acting for the award and judgment creditor in enforcement proceedings against shares held in a British Virgin Islands company, giving rise to several pre-trial decisions, including a leading decision by the Eastern Caribbean Court of Appeal rejecting various jurisdictional and procedural objections to the enforcement process. Instructed by Harneys (BVI), Jones Day (London) and Meysan (London).
AML v Madison Pacific & others [2023] SC (Bda) 66 Civ
Acting for the Shandong defendants in challenging the jurisdiction of the Bermudian Court in relation to claims against them in unlawful means conspiracy and dishonest assistance arising in connection with an investment in an iron ore mine in Sierra Leone. Judgment for defendants: August 2023. Instructed by Walker, Bermuda.
Rabsco Inc v Prasad (CICA Civil Appeal No.24 of 2022)
Acting for the appellant, a party to a guarantee, in its appeal of claim against guarantor raising distinction between payment and “see to it” guarantees. Appeal allowed: August 2023. Instructed by Travers Thorp Alberga, Grand Cayman.
Credit Suisse Nominees Limited v Principal Investment Fund I Limited & others (Cayman Islands Grand Court, Financial Services Division, 12 June 2023)
Acting for Joint Provisional Liquidators in contentious winding up proceedings relating to three investment funds alleged to be affected by misappropriations by investment manager. Winding up orders made, May 2023. Instructed by Carey Olsen, Grand Cayman.
Ikana v Putney Capital Management and others (BVI Commercial Division)
Acting for the former shareholders in EGE Haina, the Dominican Republic’s electricity generator in their claim against another shareholder for unpaid dividends due upon divestment. Ten-day trial in the Commercial Court of the British Virgin Islands: March 2022. Judgment for the claimants: September 2022. Instructed by Carey Olsen, London and BVI.
WAFR Holdings Ltd v Pearson (Cayman Islands Court of Appeal, 13 October 2021; Grand Court, Financial Services Division, 27 July 2022) (intestate succession; administration; disclosure of third party documents; control test)
Acting for Cayman Islands companies in connection with administration of intestate Cayman estate of Saudi Arabian shareholder. Application by Administrator for documents of subsidiary companies; control test. Application remitted by Court of Appeal to Grand Court, and then dismissed: July 2022. Instructed by Travers Thorp Alberga, Grand Cayman.
In re New Silk Route Advisors L.P. (Cayman Islands Grand Court, Financial Services Division, 10 February 2022)
Acting for petitioner resisting application to strike out petition. Leading interlocutory decision on case management stay pending determination of issues in foreign proceedings. Instructed by Campbells, Grand Cayman.
AHAB v Saad Investments & Others (Cayman Islands Court of Appeal, 21 December 2021)
Acting for the Awalco Respondents in a four-week appeal in the Cayman Islands Court of Appeal in long-running, complex US$4 billion fraud claim. Appeal dismissed: December 2021. Consequential Grand Court Ruling on access to Security for Costs: 26 April 2022. Instructed by Charles Russell Speechlys, London.
Ace Lead Profits Ltd & Another v Hollysys Automation Technologies Ltd (BVI Commercial Division, 22 September 2021)
Acting for a minority shareholder challenging a board decision to amend company articles. Instructed by Travers Thorp Alberga, Grand Cayman.
Goodman v DMS Governance Limited (Cayman Islands Court of Appeal, 27 April 2020; Cayman Islands Grand Court, 2 July 2019); Goodman v Cummings & DMS Governance Limited [2018 (2) CILR 234]
Acting for DMS and a former director in proceedings relating to the collapse of a fund. Instructed by Campbells, Grand Cayman.
Sonera Holding B.V. v Cukurova Holding A.S. (Eastern Caribbean Court of Appeal, 14 June 2017); (British Virgin Islands Commercial Division, 23 February 2016) (arbitration; enforcement; share sale order); (Eastern Caribbean Court of Appeal, 23 June 2016) (arbitration; enforcement; injunction to restrain second arbitration); [2014] UKPC 15; [2015] 2 All ER 1061 (Privy Council); BVIHCVAP 2012/0029 (Eastern Caribbean Court of Appeal, 9 May 2013); (Eastern Caribbean Court of Appeal, 11 July 2013)
Acting for a Scandinavian telecommunications provider in proceedings against a Turkish conglomerate to enforce a $932 million arbitration award, and related New York Convention, freezing, anti-suit injunction and share sale applications. Instructed by Sullivan & Cromwell, London and New York.
Peterson & Ekstrom v Weavering Macro Fixed Income Fund Limited [2015 (1) CILR 45] (Cayman Islands Court of Appeal); [2011 (2) CILR 203] (Grand Court, Financial Services Division)
Acting for the directors of a collapsed Cayman hedge fund in relation to claims for breach of duty and wilful neglect. Instructed by Campbells, Grand Cayman and Travers Smith, London.
TeliaSonera Finland OYJ v Alfa Telecom Turkey Limited (Eastern Caribbean Court of Appeal; 28 September 2009)
Acting for a Scandinavian telecommunications provider in a claim against a Russian entity arising from a dispute over the ownership of a substantial European mobile telephone network. Instructed by Campbells, Grand Cayman and Travers Smith, London.
Acting for a minority shareholder in petition proceedings relating to their forced exclusion from a leading private equity group (Cayman Islands, Grand Court).
Acting for an executive officer in connection with a claim relating to their resignation from a bank (Cayman Islands, Grand Court).
Acting for interested parties in the official liquidation of a charitable fund company (Cayman Islands, Grand Court).
Acting for Joint Provisional Liquidators in connection with application to overturn appointment (British Virgin Islands).
Acting for a majority shareholder in a claim relating to a substantial Chinese fraud (Cayman Islands Grand Court).
Acting for the directors of a Cayman company in defence of merger-related proceedings under s.238 of the Companies Law (Cayman Islands Grand Court).
Acting for Liongate in proceedings against its former directors for breach of fiduciary duty (Cayman Islands Grand Court).
Acting for a BVI company defending a claim brought by a former employee of a major Russian retailer, including in respect of a contested forum non conveniens application (BVI High Court).
The Eastern Caribbean Court of Appeal has issued a decision resolving important…
Ben Valentin KC has successfully appeared for a leading cancer scientist in…
On 16 September 2025, the Judicial Committee of the Privy Council issued…
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