Benjamin Blacklock

  1. People /

Benjamin Blacklock

Benjamin Blacklock

Partner

  1. People /

Benjamin Blacklock

Benjamin Blacklock

Partner

Benjamin Blacklock

Partner

London

T: +44 (0) 20 3400 3411

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Biography

Ben is a partner who deals with a wide range of complex and high value commercial disputes with a particular emphasis on competition litigation and finance litigation. He has a Postgraduate Diploma in EU Competition Law and has acted on cases in the High Court, the Competition Appeal Tribunal and the Court of Appeal in England and the Grand Court and Court of Appeal of the Cayman Islands where he recently acted on a three month trial. 

Ben was part of the team which acted for National Grid in its claim against global suppliers of Gas Insulated Switchgear following a European Commission finding of a breach of Article 101 TFEU. The team was recognised with a number of awards including Competition Team of the Year at the Lawyer Awards in 2015, Global Competition Review’s Cartel Prosecution Litigation of the Year 2015 and Competition and Regulation Team of the Year at the British Legal awards in 2014. He subsequently acted for National Grid in its claims against global suppliers of power cables following the European Commission’s infringement decision. He is currently acting for Royal Mail and BT in their claims against DAF Trucks Limited in respect of the infringement of Article 101 identified by the European Commission which is scheduled for trial commencing in April 2022. Ben has worked on a separate major cartel investigation by the European Commission and the related leniency applications that were submitted in respect of this investigation.

Ben’s work on finance litigation has included acting on a number of disputes regarding the interpretation of ISDA Master Agreements in the freight forwarding sector. He has also acted for a UK subsidiary of an overseas bank on its internal investigation into allegations of bribery and misconduct, and its subsequent reporting to the FCA. His work in the Cayman Islands included acting for a fund in its defence of a just and equitable winding up Petition and in its cross claims.

The Growth of Class Actions: What’s next?

Admissions

  • England and Wales

Related Practice Areas

  • Business & Commercial Disputes

  • M&A Disputes

  • Antitrust

  • Investigations

  • Litigation & Dispute Resolution

  • Banking & Finance Disputes

  • Anti-Bribery & Corruption

  • Regulation, Compliance & Advisory

  • Anti-Money Laundering Compliance

Related Insights

Insights
Nov 06, 2023

Can multiple claimants use the same claim form in group actions?

A recent decision in the Birmingham County Court has added to the body of case law growing around the test for listing multiple claimants on the same claim form. In Angel and others v Black Horse Limited, unreported, 8 September 2023, County Court at Birmingham, a case involving over 5,000 claimants bringing claims against 8 finance companies, the claimants had issued proceedings using 8 claim forms (one against each defendant). HHJ Worster held that in this case it was impermissible under CPR 7.3 to use a single claim form for all the claims against the same defendant. The judge therefore ordered the claimants to sever their claims from the common claim forms. HHJ Worster relied heavily on the guidance given by the High Court in Abbott v Ministry of Defence [2023] EWHC 1475 (KB) on the CPR 7.3 “convenience test”, which concerns whether multiple claimants may use a single claim form. These cases emphasise the need for a sufficient commonality of significant issues between the claims brought on the same claim form that will then be useful in determining those issues within one set of proceedings.
Insights
Oct 31, 2023

Disputes in Focus: Quick Q&A on group claims

There are various ways in the English High Court to bring a claim, including as a group or representative action. Historically they have been underused but that is changing. Businesses are becoming increasingly interested in this ability to bring group actions and mass claims in the English High Court. In this blog, Clare Reeve Curatola outlines different ways to bring a civil commercial claim in the English High Court and asks fellow Litigation and Investigations partner, Ben Blacklock, to share his insights into the changing approach to group or class actions and mass claims in the English courts. Ben shares his thoughts on the key developments and changes that may be driving an increase in group actions, the challenges and the important considerations for Claimants and Defendants to consider in this area. Short on time?Jump to our key considerations.
Insights
Sep 14, 2023

Raising the stakes in activist shareholder claims

The High Court has ordered that ClientEarth pay Shell’s costs in connection with all aspects of ClientEarth’s unsuccessful application for permission to continue a derivative claim against Shell and its directors. This is a departure from the default position in derivative proceedings. Usually, the company will not be awarded any costs incurred in making submissions in opposition to, or attending any hearing of, a shareholder’s application at the permission stage. This judgment therefore raises the stakes for activist shareholders who are considering bringing a derivative claim.
Insights
Sep 12, 2023

New Group Litigation Order issued together with the potential development of a new “GLO Lite” procedure for the collective case management of claims

The High Court has made a Group Litigation Order (GLO) in the class action proceedings of Tongue & Ors v Bayer Public Ltd Company & Ors [2023] EWHC 1792 (KB). This appears to be only the second GLO made by the High Court in 2023. In its judgment, the Court made a number of important comments about the factors it took into account when exercising its discretion to make a GLO. It also referred to a form of collective case management it named “GLO Lite”, which indicates that a new informal practice for managing class actions is developing in the High Court.
Insights
Aug 30, 2023

Município de Mariana v BHP Group: the English High Court casts its jurisdictional net wider in the Fundão Dam class action proceedings

In the High Court’s recent judgment in Município de Mariana & Ors v BHP Group (UK) Limited & Anor the Court found that England was “clearly the appropriate forum” to determine whether Vale SA, a Brazilian company, should share liability with the BHP Group in a class action claim being brought in the English High Court as the result of the 2015 Brazilian Fundão Dam disaster. The claim was brought as a CPR Part 7 High Court action, with a large number of claimants listed on one claim form, and is not a representative action or subject to a Group Litigation Order.
Insights
Jul 12, 2023

Learning from the Trucks Cartel judgment: Mitigation

The Competition Appeal Tribunal’s judgment in Royal Mail and BT’s claim against DAF Trucks has provided welcome clarity on how the legal test for pass on should be applied. It provides helpful guidance on the factors that a defendant may rely on to establish a direct and proximate, causative link between an overcharge and downstream pricing.  It also serves as a reminder of the importance that expert evidence takes due account of the observable facts of the case.

Related Insights

Insights
Nov 06, 2023
Can multiple claimants use the same claim form in group actions?
A recent decision in the Birmingham County Court has added to the body of case law growing around the test for listing multiple claimants on the same claim form. In Angel and others v Black Horse Limited, unreported, 8 September 2023, County Court at Birmingham, a case involving over 5,000 claimants bringing claims against 8 finance companies, the claimants had issued proceedings using 8 claim forms (one against each defendant). HHJ Worster held that in this case it was impermissible under CPR 7.3 to use a single claim form for all the claims against the same defendant. The judge therefore ordered the claimants to sever their claims from the common claim forms. HHJ Worster relied heavily on the guidance given by the High Court in Abbott v Ministry of Defence [2023] EWHC 1475 (KB) on the CPR 7.3 “convenience test”, which concerns whether multiple claimants may use a single claim form. These cases emphasise the need for a sufficient commonality of significant issues between the claims brought on the same claim form that will then be useful in determining those issues within one set of proceedings.
Insights
Oct 31, 2023
Disputes in Focus: Quick Q&A on group claims
There are various ways in the English High Court to bring a claim, including as a group or representative action. Historically they have been underused but that is changing. Businesses are becoming increasingly interested in this ability to bring group actions and mass claims in the English High Court. In this blog, Clare Reeve Curatola outlines different ways to bring a civil commercial claim in the English High Court and asks fellow Litigation and Investigations partner, Ben Blacklock, to share his insights into the changing approach to group or class actions and mass claims in the English courts. Ben shares his thoughts on the key developments and changes that may be driving an increase in group actions, the challenges and the important considerations for Claimants and Defendants to consider in this area. Short on time?Jump to our key considerations.
Insights
Sep 14, 2023
Raising the stakes in activist shareholder claims
The High Court has ordered that ClientEarth pay Shell’s costs in connection with all aspects of ClientEarth’s unsuccessful application for permission to continue a derivative claim against Shell and its directors. This is a departure from the default position in derivative proceedings. Usually, the company will not be awarded any costs incurred in making submissions in opposition to, or attending any hearing of, a shareholder’s application at the permission stage. This judgment therefore raises the stakes for activist shareholders who are considering bringing a derivative claim.
Insights
Sep 12, 2023
New Group Litigation Order issued together with the potential development of a new “GLO Lite” procedure for the collective case management of claims
The High Court has made a Group Litigation Order (GLO) in the class action proceedings of Tongue & Ors v Bayer Public Ltd Company & Ors [2023] EWHC 1792 (KB). This appears to be only the second GLO made by the High Court in 2023. In its judgment, the Court made a number of important comments about the factors it took into account when exercising its discretion to make a GLO. It also referred to a form of collective case management it named “GLO Lite”, which indicates that a new informal practice for managing class actions is developing in the High Court.
Insights
Aug 30, 2023
Município de Mariana v BHP Group: the English High Court casts its jurisdictional net wider in the Fundão Dam class action proceedings
In the High Court’s recent judgment in Município de Mariana & Ors v BHP Group (UK) Limited & Anor the Court found that England was “clearly the appropriate forum” to determine whether Vale SA, a Brazilian company, should share liability with the BHP Group in a class action claim being brought in the English High Court as the result of the 2015 Brazilian Fundão Dam disaster. The claim was brought as a CPR Part 7 High Court action, with a large number of claimants listed on one claim form, and is not a representative action or subject to a Group Litigation Order.
Insights
Jul 12, 2023
Learning from the Trucks Cartel judgment: Mitigation
The Competition Appeal Tribunal’s judgment in Royal Mail and BT’s claim against DAF Trucks has provided welcome clarity on how the legal test for pass on should be applied. It provides helpful guidance on the factors that a defendant may rely on to establish a direct and proximate, causative link between an overcharge and downstream pricing.  It also serves as a reminder of the importance that expert evidence takes due account of the observable facts of the case.
News
Jun 28, 2023
BCLP competition team featured in ‘The Lawyer’ for work on landmark trucks cartel case
News
Jun 21, 2023
BCLP wins The Lawyer Awards Litigation Team of the Year
Insights
May 24, 2023
CAT uses broad axe to quantify Trucks Overcharge