Ben Miller 

Senior Associate

Commercial Litigation

Ben joined JMW in 2015 as an Associate in the Commercial Litigation team, and became a Senior Associate in May 2016.

Ben is a trusted advisor to a range of businesses, entrepreneurs, individuals and non-profit bodies both in the North West and nationwide.

Ben’s approach combines finding the facts and issues that decide and win cases with a relentlessly commercial approach.  

" Ben [ ]has an incisive legal mind and explores every avenue to support his client in achieving their desired outcome [ ] he has always achieved a positive outcome for us [ ] Ben is our first choice every time [ ] we couldn't recommend him strongly enough. "

CEO - Financial Services Business

" "An exceptional solicitor "who "pulls together tactical strands into a coherent strategy [ ] I automatically recommend him for any and all legal matters" "

Director - Significant e-commerce business

" "I can say with certainty that Ben [ ] is the reason my business is still in existence and thriving [ ] it was refreshing to finally feel comfortable with a solicitor and be able to have a proper and open discussion about our case [ ] within 48 hrs Ben had devised a new approach which proved, against all the odds, successful. Since then we have had wins in four other legal cases which have benefited our business immensely [ ] I trust his judgement & advice 100%." "

CEO - Telecom Company

Recent instructions include:

  • On-going multi-million pound dispute concerning high-profile individuals the music industry, breach of management and recording contracts.
  • Winning a £1m+ net payment in a damages settlement for a client in circumstances where that client had itself been sued for £1.5m of payments on account it admitted receiving, and had admitted not provided the relevant services.
  • Successful defence at trial of a technical personal guarantee claim on the basis that Ben’s client did not sign the guarantee document, despite the single joint expert’s opinion that the signature was, in fact, the original signature of Ben’s client. The client’s liability under the guarantee, if valid, was a significant six-figure sum.
  • Advising a number of regulated firms on contested applications for authorisation from the Financial Conduct Authority and hearings before the Regulatory Decisions Committee of the FCA (ongoing).
  • Instructed to resolve cross-border regulatory difficulties concerning the importation of 500kg of an extremely rare controlled drug for pharmaceutical manufacture in the UK, resulting in a £multi-million profit for the client (ongoing).
  • Numerous favourably resolved high-value shareholder disputes including petitions for unfair prejudice, just and equitable winding-up petitions and other “commercial divorce” scenarios.
  • £1m complex professional negligence claim against leading provider of online security services for breach of contract and professional negligence (on-going).
  • Successful settlement before trial of £300k personal guarantee claim against Ben’s clients, defended on the basis of misrepresentation on the part of a major bank, with no payment being made to the bank either for the sums said to be due, or costs.
  • Successful defence at trial of a complex multi-party agency law claim relating to a thoroughbred racehorse purchased at auction from a prominent bloodstock auctioneer.  Ben’s client retained ownership of the racehorse (which had sold for £300,000 as a yearling) received payment of his costs, and paid nothing for the horse.
  • £0.5m niche professional negligence claim against providers of pharmacovigilance regulatory consultancy (ongoing).
  • Successful defence of £0.5m counterclaim and success in primary claim in a case concerning pharmaceutical products following a 5 day trial in Sydney, NSW. Findings of dishonesty made against executives of the opponent party.
  • Successful settlement of passing off claim for token payment prior to trial, including the ‘successful’ claimant agreeing to pay a substantial amount of Ben’s client’s costs, in circumstances where Ben’s client had admitted copying and using the claimant’s intellectual property.  
  • Successful appeal to the First Tier Tax Tribunal deploying principles of agency law to overcome strict statutory provisions, securing a £120k share loss relief claim for the client which had been disallowed by HMRC.
  • Acting for property developer to secure, through negotiation, a project that was about to collapse with resulting catastrophic losses. The project will yield a profit of at least £1.5m in profit for the developer, and avoided his personal bankruptcy.
  • On-going £2m High Court partnership dispute concerning London property, including allegations of breach of fiduciary duty and misappropriation and concerning novel points of partnership law.
  • Ben is regularly instructed in claims for misrepresentation, breach of contract, professional negligence, property, tax and probate disputes. Ben is also regularly instructed to provide advice and assistance to regulated organisations in regulatory and financial services disputes.

Ben has extensive advocacy experience and has appeared successfully in a range of forums, both at first instance and appeal, against other solicitors, counsel and Queen’s Counsel. 

Call Ben on 0161 828 8346

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