Ben Johnson is a Partner in JMW Solicitors LLP’s Commercial Litigation team in Manchester. He joined JMW Solicitors LLP as a Partner after practising in commercial disputes in Manchester for a number of years, having previously worked in dispute resolution at DWF. Ben is from the North West and was educated at Newcastle University and has developed a practice focused on complex and high-value commercial litigation.

Ben advises clients on a broad range of commercial disputes, with particular experience in corporate and commercial claims, shareholder and boardroom disputes, contractual disputes, professional negligence, fraud, injunctive relief and insurance-related litigation. His work is typically focused on helping clients navigate legally complex and commercially sensitive disputes with a practical and strategic approach.

A particular area of interest for Ben is the practical application of legal technology in litigation. He has been closely involved in the Commercial Litigation team’s thinking around AI, document automation, e-disclosure and technology-enabled workflows, including how these tools can assist with document-heavy litigation, disclosure, research, drafting, analysis and client reporting. He is especially interested in how firms move from isolated experimentation with AI to properly embedded, supervised and responsible adoption across day-to-day legal practice and to work collaboratively with clients utilising such tools themselves.

Alongside his legal tech focus, Ben also has a keen interest in the ESG agenda and how it applies both to law firm operations and client expectations.

Outside work, Ben is a keen CrossFit enthusiast.

Corporate/Commercial dispute resolution

• Advising and acting in High Court disputes (£000Ks to £ms) arising from M&A deals and SPA transactions in respect of deferred consideration, and breach of contractual warranties and indemnities.
• Representing Claimants in a High Court action relating to breaches of a Joint Venture Agreement (JVA) and aborted Initial Public Offering (IPO) of a business that had been estimated to be worth $150m, including satellite issues in respect of security for costs and ATE insurance.

Director, Shareholder and Partnership disputes

• Regularly instructed in shareholder disputes ranging in value (£100k to >£50m), including highly complex unfair prejudice petitions and valuation exercises.
• Advising directors and C-suite clients in respect of potential claims including relating to director’s duties, executive remuneration packages, non-executive roles, unlawful actions of other directors (including misappropriation of funds, unauthorised share transfer) and obtaining successful interim applications for relief.
• Acting in complex High Court commercial litigation involving claims arising from investment, advisory and corporate dealings, including strategic management of extensive disclosure, e-disclosure review, witness and expert evidence, amendment and joinder applications, and allegations including fraud, dishonest assistance and unlawful means conspiracy.
• Advising a minority shareholder/director in a high-value shareholder dispute concerning unfair prejudice, compulsory share transfer provisions, “good leaver/bad leaver” issues, valuation strategy, restrictive covenants and the interaction between employment and shareholder rights. Settled before trial.
• Acting in a complex family business and partnership dispute involving competing claims to ownership and control, allegations around the operation of business accounts, property valuation evidence and the preparation of robust pleadings and strategic correspondence.

Contractual / Debt recovery

• Acted for a multinational manufacturer in the construction, agriculture, waste handling and demolition sectors. Pursuing Technology and Construction Court (“TCC”) claim for losses (>£10m) against a parts supplier relating to warranty claims arising from parts alleged to be defective. Settled before trial.
• Acted for Claimant (international energy supplier) relating to supplier negligence/breach of contract which had caused £ms in lost profits and business interruption claims in the TCC. Settled prior to trial.
• Acted for national telecommunications company in multiple claims relating to business interruption claims in the TCC (arising from defective repairs to hardware), international call traffic services and large-scale data bundle sales.
• Defending supermarket in respect of High Court claim by former haulier relating to breach of contract and loss of profits (>£2m).

Professional Negligence

• Advising clients in respect of claims against professional service providers including solicitors and accountants for negligence.
• Successfully represented Claimant against former solicitors on negligent drafting of a Share Purchase Agreement securing damages at trial (>£3.5m).
• High Court action for client against former barrister relating to failure to give full and frank disclosure in respect of interim freezing injunction (>£4m). Settled prior to trial.

Fraud and Insolvency

• Unlawful means conspiracy - acting both in successfully defending Director in c£17m claim arising from breach of contract in the telecommunications industry and pursuing a £multimillion claim on behalf of Claimants in the Commercial Courts.
• Acting regularly on behalf of banks and lending institutions in respect of alleged mortgage and lender frauds and other disputes adversely affecting security over property (including HM Land Registry indemnification fund compensation claims).
• Represented the Insolvency Service in actions for the disqualification of directors (including an MTIC fraud High Court trial), public interest winding up (2-week trial relating to multi-million pound miss-selling claim) and Bankruptcy Restriction orders.

Injunctive/urgent relief

• Obtaining undertakings on an urgent basis from a shareholder seeking to divest shares contrary to the client's investment agreement.
• Acting for numerous clients in respect of existing or former employees re breach of restrictive covenants and the theft of confidential information.
• Obtaining urgent relief on behalf of a PLC in respect of injunctive orders obtained personally against the company's executive director board members.

Insurance

• Acting for and advising insurers in respect of policy coverage issues (including compliance with underwriting criteria) and managing claims portfolios.
• Pursuing claims against insurers pursuant to the Third Parties (Rights against Insurers) Act 2010.