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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, employment and public 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.

Benjamin was appointed to the Attorney General’s C Panel of Junior Counsel to the Crown in February 2017.

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; and
  • Advocacy at all stages, including summary judgment, interim applications and trials.

Benjamin is instructed in commercial disputes in both the County Court and High Court, including breach of contract, fraud, unjust enrichment and enforcement proceedings. He also has experience of international arbitration, and is a Member of the Chartered Institute of Arbitrators.

    Insolvency

Benjamin acts in both personal and corporate insolvencies.  He frequently appears in the Winding Up List (including on behalf of HMRC), and advises and represents officeholders, debtors and creditors across the range of insolvency proceedings.  Experience to date includes:

  • Setting aside transactions defrauding creditors and at an undervalue;
  • Obtaining injunctive relief as sole counsel to restrain disposal of disputed assets;
  • Administrations;
  • Public Examination of Bankrupts;
  • Validation Orders;
  • Bankruptcy and Winding Up Petitions.

    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).

Benjamin is the General Editor of the Employment Tribunal Remedies Handbook.

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;
  • 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;
  • Disability discrimination claims involving detailed expert and other medical evidence;
  • An overlapping sexual harassment and fraud claim;
  • 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; and
  • Construction of Doctors’ contracts regarding pay, banding and allowances.

    Administrative, Public Law and Human Rights

Benjamin was appointed to the Attorney General’s C Panel of Junior Counsel to the Crown in February 2017, and is keen to develop a practice in public and administrative law.  His appointment to the panel does not prevent his being instructed to act against the Government.

    Arbitration

Benjamin has significant experience of arbitration. He is a full member of the Chartered Institute of Arbitrators.  He has acted as Tribunal Secretary in a high-value commodities dispute.

    Qualifications and Memberships

  • Attorney General’s C Panel of Junior Counsel to the Crown
  • General Editor, The Employment Tribunal Remedies Handbook (since 2016)
  • 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, ILS and ALBA.
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