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Benjamin Fellows

Senior Associate
About

Benjamin Fellows has a range of experience of litigation and dispute resolution in the financial services sector, with particular focus on consumer credit and retail banking, asset finance, payment services and merchant acquiring, invoice financing, and professional negligence claims.

He also advises commercial organisations in connection with a wide range of contractual and other disputes, on high value and complex issues arising out of corporate transactions, such as shareholder disputes and breach of warranty claims. He has advised one of the largest energy companies in the UK on regulatory and litigious disputes for over seven years.

Benjamin has spent time working in-house at the UK’s Information Commissioner’s Office and in 2020, was shortlisted for Lawyer of the Year and Young Lawyer of the Year, at the Insider and Pro-Manchester awards, respectively.

He has successfully led multi-million pound cases in the English High Court for domestic and international clients, secured interim injunctive relief protecting a client from irreparable damage by a technology provider seeking to terminate its contractual relationship, and advised the insurers of an international airline in complex, USD110 million arbitration proceedings, arising from the high profile loss of an aircraft.

Professional QualificationsSolicitor of the Senior Courts of England and Wales

EXPERIENCE

  • Advising The UK Information Commissioner's Office in relation to the appeal by Facebook against the Monetary Penalty Notice issued by the ICO against Facebook, in October 2018. Benjamin spent 3 months in-house at the ICO as part of the legal team advising the ICO on all aspects of Operation Cederberg - the ICO's investigation into data analytics in political campaigning. The investigation - the largest data privacy investigation of its type by any Data Protection Authority involving social media online platforms, data brokers, analytics firms, academic institutions, political parties and campaign groups - looked into the activities of Cambridge Analytica, Global Science Research, Dr Alexander Kogan and Facebook.
  • Advising a banking client in relation to a major dispute concerning a significant outsource and IT transformation programme, Benjamin was part of a core team that secured an injunction in the English High Court preventing a service provider terminating its contract with the client. Advice included consideration of termination rights and advising on the client's interaction with the relevant regulatory authorities (FCA & PRA), in light of the significant threat to the client as a going concern should the termination have been effected.
  • Advising an asset finance company in an GBP11 million claim concerning alleged breaches of terms said to be implied by the Supply of Goods (Implied Terms) Act 1973, as to satisfactory quality and fitness for purpose, following the failure of a multi-million pound biomass energy project.
  • Advising a consumer lender on its portfolio of PPI claims, providing strategic advice and leading a team of lawyers and paralegals handling claims worth in excess of GBP100 million.
  • Advising a US- and UK-based, private equity-backed, chemical manufacturer in relation to several class action lawsuits brought in the USA concerning alleged contamination of land and buildings resulting from the previous company owners' alleged negligence. Advice focused on recourse against the previous owners pursuant to various warranties and indemnities within the Business Sale and Purchase Agreement.
  • Advising the Claimants in USD7.5 million English High Court proceedings against an AIM listed company and its subsidiaries, arising out of a series of transactions involving the sale and purchase of private jet components and associated maintenance works on aircraft.
  • Advising the re-insurers of an international airline in complex, USD110 million arbitration proceedings, arising from the high profile loss of an aircraft.
  • Advising a technology client concerning injunctive relief and damages claim arising from alleged breaches of confidence and theft of confidential information.
  • Advising an energy company concerning a portfolio of claims in excess of GBP10 million, relating to the alleged negligent installation of cavity wall insulation and other energy saving measures, installed pursuant to the client’s statutory Energy Company Obligations. Benjamin led the client in a test case (one of the first claims brought to court), and was successful in obtaining the strike out of the claim at an interlocutory hearing.
  • Advising an energy client in a dispute with another energy supplier in relation to the fallout from an agency/supplier contract. The dispute centered around the nature of the relationship between the parties, including considerations of commercial agency and complex regulatory issues. A successful outcome was achieved, resulting in a significant six figure sum being paid to the client and defeating all alleged counter-claims.
Languages
  • English
Education
  • Manchester College of Law, postgraduate diploma in Law, 2010
  • City University, Law, LLB Hons, 2009

Awards

  • Insider Young Professionals Awards 2020 – Young Lawyer of the Year - Shortlisted
  • Legal 500 - a "rising star" in banking litigation
  • Legal 500 - recommended for commercial litigation
  • Pro-Manchester Made in Manchester Awards – Lawyer of the Year 2020 – Shortlisted

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