Ben Zielinski

Ben is a commercial litigator, qualified in both England and Wales and Scotland, who advises a number of large businesses in relation to a variety of disputes, in particular complex contractual claims and IT related disputes. This includes acting for clients involved in litigation and other forms of dispute resolution as well as proactively advising on potentially contentious matters before a formal dispute arises.

As well as having strong legal analytical skills, Ben takes a highly commercial approach to disputes, making sure he understands his client's objectives at the outset of each case, in order to determine a strategy to achieve the best possible result. He always fights tenaciously for his client’s interests.

Recent matters that Ben has worked on include:

o Representing an enterprise IT services company in a number of disputes with large customers. Notable cases include:

• Two multi-million pound claims by public sector customers (an NHS Trust and a Government Department) for alleged serious service failures, which were both settled following mediation on commercial terms that minimised the client’s financial liability while preserving the relationships with the customers;

• A claim against a main contractor for failure to provide work pursuant to a sub-contract. The dispute was settled following mediation, with a substantial settlement sum being paid to the client;

o Acting for a managed office space provider in a service charge dispute with a landlord, including taking an appeal to the Inner House of the Court of Session;

o Defending an oil exploration company in a Commercial Court action raised by a joint venture partner, claiming that the client had forfeited its interest in the joint venture (a petroleum exploration and development licence). After defeating an application for summary judgment, a settlement was reached on commercial terms;

o Representing a petroleum company in a claim against a contractor for damage to a large quantity of its product;

o Acting for an energy sector client in a multi-million pound dispute regarding breach of confidence and infringement of database rights, culminating in a two-week trial in the High Court. Ben played a pivotal role in preparing the case for trial in only a few months, including coordinating a large electronic disclosure exercise, interviewing more than a dozen witnesses, instructing an expert forensic accountant and assisting Counsel before and during the trial.

Ben trained with Shoosmiths and qualified as a solicitor in England and Wales in 2010. In 2013, he was also admitted as a solicitor in Scotland. He is now a senior associate in Shoosmiths’ Dispute Resolution and Compliance team. Although based in Edinburgh, he works throughout the UK.