Ben is a Partner and Solicitor-Advocate, in the dispute resolution team at Laytons ETL, which enables him to represent clients in civil court hearings throughout England and Wales. He has a broad corporate and commercial practice, frequently dealing with clients who operate in professional and other regulated sectors.

Testimonial: “An excellent litigator, who combines legal expertise with clear, pragmatic advice. Ben is thorough and applies sound judgment. He cuts through the detail and adopts a strategic approach to achieve the best outcome.”

Shareholder, member, partnership, and joint venture disputes: A bedrock of Ben’s practice is bringing and defending corporate disputes, where relationships between owners/controllers of businesses have broken down.

He has broad experience in this area, having dealt with a range of business types (from owner-managed/family businesses through to multi-entity group structures), and covering operations in the majority of UK business sectors, from services (financial, professional, retail/wholesale, real estate, healthcare and technology), to manufacturing and construction.

Director disputes: As an extension of his corporate disputes practice, Ben acts for and against directors in respect of:

• breach of duty claims (brought by a company, or its shareholders as a derivative action),

• insolvency related claims (e.g. wrongful / fraudulent trading and misfeasance claims), and

• regulatory claims brought by Government agencies (such as director disqualification proceedings brought by The Insolvency Service and personal liability claims brought by HMRC).

Insolvency: Corporate disputes frequently intersect with, or otherwise arise against a background of actual or impending financial distress, and therefore Ben is experienced in identifying and managing those situations, whether on behalf of clients or in connection with counterparties.

Ben has substantial experience in conducting claims arising out of business contracts, through litigation, arbitration and alternative methods of dispute resolution, particularly in the following areas:

• Regulated and non-regulated lending, e.g. claims for breach of contract, misrepresentation, and claims under contracts of surety and guarantee.

• Claims arising from business transactions, such as share purchase agreements, including breach of warranty and indemnity claims, earn-out disputes etc.

• Supply chain, distribution and agency arrangements, particularly in connection with disputes that arise between parties operating in regulated sectors, such as wholesale medicines distribution.

Testimonial: “We would like to thank you for the hard work you put in on our case, especially in the Arbitration week. The professionalism displayed was exemplary. It has been a marathon to sort this out and it put a great strain on the business and its personnel. We are now in a good situation, So onwards and upwards!”

The corporate and commercial disputes that Ben assists with often involve claims of alleged fraud. He is therefore experienced in dealing with claims in deceit, fraudulent misrepresentation, together with related actions such as breach of confidence. By extension, Ben is also experienced in dealing with the following:

• Injunctive relief, acing at short notice to seek, resist or discharge urgent injunctive (and similar) relief, including freezing injunction, search and seizure orders, Bankers Trust orders and Norwich Pharmacal orders.

Testimonial: “The swift action that you assisted us to take prevented our business from being damaged irreparably”

• Committal proceedings, which tend to arise out of breaches of injunctive orders.

Testimonial: “Your careful advice and support during extreme circumstances will not be forgotten – thank you”

A substantial amount of Ben’s practice relates to regulatory issues (and claims) encountered by individuals and businesses operating in the following sectors:

Professional services:

• Legal: Ben advises solicitors, registered lawyers and law firms on regulatory issues and provides advice and representation in connection with SRA investigations (and its other supervisory activities, such as desk-based reviews), and subsequent proceedings.

Testimonial: “It’s not easy being on the other side of the lawyer-client relationship but your steady hand was most appreciated”

In addition to supporting clients, Ben is the COLP at Laytons ETL, through which role he provides internal support to our firm and those engaged within it to achieve efficient compliance, and to deal with any regulatory issues/actions that may arise.

• FCA regulation: building on work undertaken for FCA regulated clients, Ben is also providing support to this firm, and others, to prepare for the transaction to FCA regulation of law firms.

• Accounting, tax and audit: reflecting the nature of ETL GLOBAL, Ben also provides regulatory advice and support to accountants, tax advisors, and auditors, primarily in connection with issues under the auspices of the Institute of Chartered Accountants in England and Wales.

• Professional negligence: By extension, Ben also acts in bringing and defending professional negligence claims, concerning the conduct of such professional service individuals and/or firms.

Pharmaceutical/life sciences: Ben is experienced in assisting manufacturers and wholesale distributors of medicines and medicinal devices, together with their regulated personnel, to address issues of compliance and, in particular, regulatory action taken by the MHRA, from navigating its routine activities of the CMT to dealing with referrals to the IAG and other enforcement action.

Testimonial: “To say we are grateful to you is an understatement; beside your excellent work, we couldn't have achieved this outcome without your support and your confidence in us.”

Healthcare: Ben supports GPs, and other primary care providers, together with their representative committees, to deal with regulatory difficulties and conduct issues, e.g.

• Contractual enforcement steps taken by NHSE/ICBs, in connection with primary care contracts, such as dealing with remedial, breach and termination notices;

• Actions taken under the Performers List Regulations, in respect of individual practitioners, by the GMC (or GDC/GOC, as applicable); and

• Dealing with enforcement action taken by the CQC following inspection, from required improvement, suspension or registration removal.

Ben also has experience in escalating such matters by judicial review.

As an adjunct, Ben provides wider support to such professionals, such as dealing with partnership (or other internal) disputes, issues with third parties and matters of insurance coverage.

Testimonial: “We struggle to find the words to express how ecstatic we are about this outcome, and how grateful to you and your whole team…”

Contact details
Email: ben.thorogood@laytons.com
Tel: +44 (0)20 7842 8000
DDI: +44 (0)20 7842 8069
LinkedIn

Qualifications
Qualified as a Solicitor Advocate in 2015

Expertise