Ben Lafferty

Call 2021

lafferty@exchangechambers.co.uk

Photo of Ben Lafferty

Commercial

Ben is regularly instructed in complex and high value commercial litigation matters. He regularly assists and appears on matters from the drafting stage, through to interim and final hearings. His instructions regularly come in the form of contract claims, company and partnership disputes, guarantee claims and construction claims.

Ben’s notable cases and instructions in this general commercial area of his practice include:

  • His instructions to appear at an interim injunction application on behalf of the respondent to the same. This case concerned a property that had been occupied by a family member who sought to assert a claim over it (by way of a TOLATA claim) and to injunct the executors of an estate from selling the property until the intimated claim had been heard. Ben, representing the respondent executor, obtained the dismissal of the application as totally without merit and an order for indemnity costs in favour of his client;
  • His instruction to appear for a respondent to a summary judgment application brought by the Claimant in a claim stated to be valued at £104,000, which successfully resulted in the dismissal of the application;
  • His appearance at a 2-day trial (on behalf of a defendant) in central London concerning the transportation of goods between England and the EU and the consequence of implied terms into the contract between the parties;
  • His appearance at a 4-day multitrack trial (on behalf of a defendant) concerning large scale building works carried out on a farm;
  • His attendance at a 1-day trial in London concerning forfeiture of a large piece of commercial real-estate, in which Ben successfully obtained a forfeiture order and the dismissal of various disrepair, nuisance and harassment defences. This resulted in a possession order for his client and a money judgment valued at circa £120k;
  • His provision of a draft defence and counter claim in a construction dispute, whereby the loss to his client was asserted to be valued at circa £400k;
  • His provision of advice to the purchaser of a large-scale piece of commercial real estate following their purchase of a plot of land valued at £1.3 million, as to the contractual construction of post-completion obligations pursuant to the contract of sale; and
  • His provision of a letter of advice to a prospective Claimant in a claim intimated to be worth circa £840,000, concerning the law of compromise.