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Benjimin Burgher

Benjimin Burgher

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Benjimin Burgher has significant experience of business dispute resolution relating to entitlements, rights, obligations and duties of company directors, partners, LLP members and senior employees. His practice covers cross border issues, jurisdiction clauses, assessing appropriate forums (in particular Abu Dhabi, ADGM, Dubai and DIFC) and the interpretation and enforcement of arbitration agreements.

Benjimin is regularly instructed to advise and advocate on the interpretation of contractual documentation, and provides strategic representation in claims involving high value claims of whistleblowing, unlawful discrimination and unlawful victimisation.

Benjimin also specialises in resolving disputes concerning individuals and business relationships, including separation strategies, managing the breakdown of relationships between key individuals and any consequent litigation. He is standing counsel to a number of large companies and other organisations on commercial matters relating to managing the relationships between key individuals.

His commercial experience includes advising on all aspects of director’s duties, restrictive covenants, reputation management and protection of company confidential information and intellectual property. He is experienced in dealing with claims involving inducement of breach of contract, partnership / member disputes, breach of fiduciary duty and claims between companies arising from contract and interpretation of contract terms.

In addition to first instance cases, he has experience of conducting cases in the Privy Council, Court of Appeal, High Court, Appeal Tribunal, Dubai International Financial Centre Court and arbitration at the International Dispute Resolution Centre.

Benjimin also acts as a consultant to the Abu Dhabi Judicial Department, UAE and has made strategic recommendations for development in addition to communicating at Ministerial level and the United Nations on the developments being made to judicial system.

Benjimin is an accredited mediator with the Chartered Institute of Arbitrators and a Fee Paid Employment Judge.

Commercial & Chancery

Benjimin has significant experience of business dispute resolution, particularly relating to managing the breakdown of working relationships between key individuals and any consequent litigation.

Cases

Intellimedia Technologies Limited & Michael Richards & Nicolas Doyle & Intellimedia Systems Limited & Nicolas Doyle (Chancery Division)

Dispute over share ownership. Conversion, the scope of the directors duties and amendment of the Company Register considered.

Corporate FX Ltd v Alexander (Chancery Division)

Injunction against former foreign currency dealer in respect of restrictive covenants.

Selfora v Gooch (Queens Bench Division)

Dispute involving purchase of company as a going concern and the enforceability of restrictive covenants under the share purchase agreement.

Ricoh UK Ltd v Silk (Queens Bench Division)

Breach of restrictive covenants of sales manager, threatened injunction and undertakings.

Raza v Millenium Finance Corporation (Dubai International Financial Court)

Dispute arising from payments due on termination of agreement.

R v A (IDRC)

Arbitration arising for expulsion of membership of A.

Employment & Discrimination

Benjimin is standing counsel to a number of large companies and other organisations on commercial and employment matters. He is now regularly instructed to deal with high value and/or extremely sensitive discrimination and whistleblowing claims.

Benjimin has significant experience with Employment cases and was appointed a fee paid Employment Judge in 2005.

Cases

Martin v Devonshires (EAT)

Victimisation; causation.

Hawkins v Atex (EAT)

Marital discrimination; appropriate comparator.

Ghumra v Home Office (EAT)

Strike out, discrimination, whistleblowing.

Muchesa v Central and Cecil Housing Care Support (EAT)

Whistleblowing.

Sange v British Airways

Race discrimination, disability discrimination, sex discrimination, victimisation, unfair dismissal. Costs. 5 Separate claims presented by Claimant over a 3 year period.

Professional Negligence

Benjimin is experienced in professional negligence matters relating to the provision of legal services. He has been instructed in numerous claims, for both Claimants and Defendants, some of which involved SRA, LSC and Legal Ombudsman Scheme rules.

Cases

Sud v Russell Jones & Walker

Professional negligence, legal ombudsman. Complaint in context of race discrimination and employment tribunal representation.

Emetulu v Bindmans

Professional negligence legal services. Claim in context of race discrimination complaint and employment tribunal representation.

Whittaker v Clintons LLP

Professional negligence legal services. Claim in context of unfair dismissal and personal injury advice.

Davis v Wilmott Clark LLP

Professional negligence legal services. Claim in context employment, disability discrimination and personal injury advice.

Geldard v Puxon Murray LLP

Professional negligence legal services. Claim in context of LLP agreement and restrictive covenants.

Regulatory, Ombudsman & SRA Code Implications

Advice provided to several law firms and LLP’s arising from discoveries following review of files. Specific advice on reporting requirements, damage limitation and separation strategy.

Mediation

Benjimin is in the process of applying to becoming a CIArb Accredited Mediator and a CMC Accredited Mediator. This follows his extensive training and significant experience of facilitating settlement in numerous very sensitive matters throughout his career.

Benjimin is adept at building a trusting relationship with parties which is essential for successful mediation. He understands the importance of creating a safe space for the parties to fully explore their respective interests and needs. This is critical in all mediation, particularly personal injury and clinical negligence claims where emotions and focus on liability and/ or level of damages can disproportionately dominate discourse. Benjimin has the ability to listen, be non judgemental and provide a calm opportunity for the parties to consider and engage with competing positions.

Benjimin has demonstrable interpersonal skills and significant experience of building rapport with parties, including many vulnerable and emotionally distracted individuals. His empathetic approach allows parties to focus on the key objectives of moving forward and to consider of ways in which this can be best achieved without litigating and looking back.

When necessary, his commercial litigation experience gives him the authority to carefully enquire and reality check the parties respective positions in order for them to focus on less inflammatory methods of resolution.

Benjimin’s enthusiasm and energy for alternative dispute resolution is immediately palpable to the parties and this energy provides a positive atmosphere and allows for what would otherwise be entrenched positions to thaw.

Appointments & Memberships

  • Chartered Institute of Arbitrators (MCIArb)
  • Dubai International Financial Centre Courts Registered
  • Employment Lawyers Association
  • Employment Lawyer Bar Association
  • Fee Paid Employment Judge
  • Professional Negligence Bar Association

Languages

  • Spanish (basic)
  • French (basic)

Benjimin Burgher is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

Areas of Law


Recommendations


Testimonials


“A knowledgeable and commercial advocate.” Employment, Legal 500 2017

“He combines deep understanding of employment law with a commercial approach.” Employment, Legal 500 2016

“He’s a very measured, clinical and forensic barrister who clients love because he’s able to break complex questions down to simple base factors.” “He’s excellent, very thorough and always gives a good service.” Employment, Chambers & Partners 2015

“Particularly good at understanding the needs and requirements of instructing solicitors.” Employment, Legal 500 2015

“He understands our business and provides solid commercial advice.” Employment, Chambers & Partners 2014

“Excellent commercial acumen.” Employment, Legal 500 2014

“Highly commercial and pragmatic” Benjimin Burgher, is a lawyer who provides “excellent client care.” Chambers & Partners 2013

“Very commercially focused.” Employment, Legal 500 2013

Clients also appreciate the “very personable approach” of Benjimin Burgher, who “tackles any challenge with a smile.” Legal 500 2012

“Knows employment law inside out” and is “a great person for working out solutions to knotty problems.” Chambers & Partners 2012

“He has an excellent client manner and extremely good interpersonal skills.” Chambers & Partners 2011

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