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Benjamin Gray
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BENJAMIN GRAY

 

"We enjoyed working with Ben. He has great attention to detail – A Magic Circle firm

 "He did a first class job. His skills for thorough preparation and gaining an in-depth knowledge of a case in a short time were amazing. Even if I had not won the case I would at least know that everything had been done to put things right” – a successful Claimant

Benjamin practises in commercial, insolvency and employment law. He has a busy practice, and a broad range of experience across Courts and Tribunals. His experience ranges from high-value commodities arbitration, through civil fraud and insolvency proceedings, to complex whistleblowing and discrimination cases.

He advises and represents a broad range of clients at all stages of litigation. His approach is both strategic and methodical. He looks at the broader issues in a case, and takes into account its wider commercial, tactical and personal considerations.

He graduated from King’s College London with a First in War Studies, obtained a Distinction on the Graduate Diploma in Law, and received a Major Scholarship from Inner Temple.
 

    Commercial

Benjamin has a broad commercial practice, including commercial litigation, fraud, misrepresentation, unjust enrichment, insolvency, banking and arbitration. Experience includes:

  • Multi-million dollar commodities arbitration
  • Acting for a shareholder in a fraud claim against a company director
  • A dispute over foreign exchange traders’ bonuses
  • Construction of banking contracts
  • Breach of confidence claims
  • A contractual dispute between television companies
  • Advice in claims for breach of contract, misrepresentation and fraud
  • Advocacy at all stages, including summary judgment, interim applications and trials.

    Insolvency

Benjamin is instructed in both corporate and personal insolvency matters. He frequently appears in the winders’ court, and advises on insolvency law and procedure. He has been instructed by officeholders, debtors and creditors across a variety of cases and procedures, including administration, liquidation, and bankruptcies. He has experience of means inquiries in both insolvency and enforcement contexts.

    Employment

Benjamin has a comprehensive employment practice, appearing for both employers and employees at all stages and in all venues. He has extensive experience across the full spectrum of employment law, and has gained significant experience of TUPE cases in all their forms.

His practice includes the crossover between employment, commercial and insolvency law, with experience including High Court employment claims, overlapping fraud cases, and the interaction between TUPE and insolvency. He is also experienced in dealing with healthcare claims (see below).

Recent cases include:

  • Tirkey v Chandhok: the UK’s first case of caste discrimination
  • Khan v HGS Global ltd and anor [2015] UKEAT/0176/15: appearing as sole counsel in the EAT on the law of mutually agreed termination
  • Successfully defending a firm of accountants against a complex claim involving employee status, wages and constructive unfair dismissal
  • Construction of contracts of employment concerning Forex traders’ bonuses
  • Numerous complex whistleblowing claims
  • Acting for a transferee in a series of consolidated claims involving TUPE, equal pay, pregnancy discrimination and other claims, running over a number of years
  • An overlapping sexual harassment and fraud claim
  • Numerous cases of unlawful detriment/dismissal for health and safety activities.

Benjamin participates in both the ELIPS and ELAAS schemes, with experience of short-notice advocacy in both the Employment Tribunal and Employment Appeal Tribunal.

    Healthcare, Disciplinary and Regulatory

Benjamin has developed a practice in healthcare and related disciplinary law out of his employment practice. He has acted both for and against NHS Trusts. Experience includes disputes over doctors’ contracts, whistleblowing in a healthcare context (including both NHS Trusts and Care Homes), and allegations of negligence and misconduct against health workers.

Cases include:

  • Acting for a whistleblowing doctor in a claim against an NHS Trust. He successfully argued that a Doctor provided through a Temporary Contractor Agreement fell within the extended definition of "worker” to entitle him to whistleblowing protection
  • Representing a nurse accused of negligence leading to the death of a patient in high-profile circumstances
  • Complex whistleblowing claims against care homes
  • Construction of Doctors’ contracts regarding pay, banding and allowances.

    Mediation and ADR

Benjamin has extensive mediation experience. He is an ADR Group Accredited Civil and Commercial Mediator, and a mediation advocate.

He has a particular understanding of the different style and approach this setting requires. He is creative, able to see past the legalities of a problem and identify solutions for the parties that could not be achieved through litigation.


    Qualifications and Memberships

  • BA War Studies, King’s College London (First Class Honours)
  • Graduate Diploma in Law, Distinction
  • Major Scholarship, Inner Temple
  • ADR Group Accredited Civil and Commercial Mediator
  • Member, CIArb
  • Member of COMBAR, ELBA, ELA and ILS.
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