Ben Zelenka Martin
Barrister
Call 2016
Ben Zelenka Martin works the full range of Chambers’ practice, in both contentious and non-contentious matters. He has experience in corporate advisory work and complex litigation, including shareholder disputes and civil fraud claims. He works as part of counsel teams of various sizes, and has appeared as sole counsel in the High Court and various County Courts.
Recent cases include:
- SKAT v Solo Capital Partners LLP (in administration) and Ors: Acting (led variously by Laurence Rabinowitz KC, Jamie Goldsmith KC and others) for the Danish Tax and Customs Administration in a claim relating to an alleged conspiracy involving fraudulent withholding tax reclaim applications in the sum of DKK 12 billion (approximately £1.5 billion). The case featured in The Lawyer’s “Top 20 Cases” for 2021 and has been described by Foxton J as “one of the largest and most complex pieces of litigation to be heard in the Commercial Court”
- ICC Arbitration: Acting (with Edward Cumming KC) for a manufacturer in a dispute over the termination of a contract relating to the development of a new line of products.
- Lonestar Communications v Kaye, Marziano, Cellcom, Polani and Orange: Acting for Cellcom (with Sonia Tolaney QC and Tim Goldfarb) in Commercial Court proceedings arising out of alleged cyberattacks on a telecommunications company in Liberia, involving allegations of vicarious liability for economic torts in connection with the alleged cyberattacks.
- LMAA Arbitration: Acting (with Daniel Toledano KC) for the purchaser of a yacht in a dispute over termination of the construction contract.
- Autonomy v Lynch and Hussain: Acting (with Laurence Rabinowitz QC, Patrick Goodall QC, Conall Patton QC and others) for Autonomy and others in fraud claims worth $5 billion in relation to the acquisition of Autonomy by the HP group. The case featured in The Lawyer’s “Top 20 Cases” for 2019. A 93-day trial concluded in January 2020, which Hildyard J noted “may rank amongst the longest and most complex in English legal history”. The 1200 page (excluding schedules and appendices) judgment on liability “may well be unparalleled”. Quantum to be determined in a later judgment.
- LCIA Arbitration: Acting (with Alexander Gunning KC) for the defendant in a high-value dispute under a Share Purchase Agreement.
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Examples of Recent Cases
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Commercial Litigation
- Ferrufino Arango -v- AIDrivers Limited (2023)
Acted (as sole counsel) for the successful claimant in King’s Bench Division proceedings to recover damages for repudiatory breach of a consultancy agreement, successfully resisting an application to set aside default judgment and obtaining a final third party debt order under CPR 72. - Acting (as sole counsel) for the claimant purchaser in a breach of warranty claim under a share purchase agreement.
- Advising (as sole counsel) an equities trader on the availability of injunctive relief to restrain a broker from making a margin call.
- Advising (led by Laurence Emmett KC) an industry participant in relation to JR proceedings following a decision by the regulator in relation to a statutory charging scheme.
- Lonestar Communications v Kaye, Marziano, Cellcom, Polani and Orange
Acting for Cellcom (with Sonia Tolaney QC and Tim Goldfarb) in Commercial Court proceedings arising out of alleged cyberattacks on a telecommunications company in Liberia, involving allegations of vicarious liability for economic torts in connection with the alleged cyberattacks. - LMAA Arbitration
Acting (with Daniel Toledano KC) for the purchaser of a yacht in a dispute over termination of the construction contract. - Acted for the third defendant (including representation as sole counsel at the CCMC) in proceedings involving claims for breach of contract, restitution, and rescission alleged to be worth up to around £17.5 million.
- Acting (with Giles Wheeler KC) for the claimant in proceedings for recovery of a loan of £2.5 million (under the facility agreement and related personal guarantee), involving issues of construction and rectification
- Appeared for the defendants at a case management hearing in a Part 8 claim in which it was alleged that a signature on a shareholders’ agreement had been forged.
- Autonomy v Lynch and Hussain
Acting (with Laurence Rabinowitz QC, Patrick Goodall QC, Conall Patton QC and others) for Autonomy and others in fraud claims worth $5 billion in relation to the acquisition of Autonomy by the HP group. The case featured in The Lawyer’s “Top 20 Cases” for 2019. A 93-day trial concluded in January 2020, which Hildyard J noted “may rank amongst the longest and most complex in English legal history”. The 1200 page (excluding schedules and appendices) judgment on liability “may well be unparalleled”. Quantum to be determined in a later judgment.. - Macquarie Capital (Europe) Ltd v. Nordsee Offshore MEG I GmbH
Acted (with Daniel Toledano QC and Douglas Paine) in a €19 million claim for payment of completion and advisory fees in respect of an offshore windfarm project in the North Sea. The dispute includes issues relating to the German permit and grid connection regimes. - Advised the hirer of a venue on availability of force majeure provisions to terminate the hiring contract.
- Advising and settling draft Particulars of Claim for a private equity investor in relation to breach of exclusivity provisions in a term sheet.
- Advised (with Lord Neuberger) an international mining conglomerate in relation to settlement of tax and other disputes with a foreign government.
- Advised (with Steven Elliott QC and Michael D’Arcy) an aerospace company in relation to compliance with pre-completion undertakings and satisfaction of conditions precedent under an SPA.
- Settled a Defence for the developer of an energy from waste (EfW) plant in relation to a claim for fees by a financial advisor under various engagement letters, involving issues of construction and estoppel by acquiescence and convention.
- Appeared (as sole counsel) in the Circuit Commercial Court for the defendant housing association at the hearing of its successful application for security for costs in a claim relating to the termination of an agreement for a proposed property development.
- Credebt Exchange Limited v Zinc Group
Acting (as sole counsel) in Circuit Commercial Court proceedings for the claimant invoice factoring business in a deceit claim against a recoveries agent - Acted for Mr Oleg Sheyko in his claim for over US$10 million against Consolidated Minerals Limited (“CML”) before the Jersey Royal Court (Samedi Division), assisting in successfully resisting CML’s appeal from an order debarring it from defending the claim on the basis of serious disclosure failings.
- Settled particulars of claim for a client seeking unpaid sums that had accrued under an underwriting agreement.
- Settled particulars of claim for a client seeking damages for breach of an agreement to restore a classic car.
- Settled particulars of claim for a client seeking damages for breach of an oral agreement to purchase shares.
- SIAC Arbitration
Assisted Laurence Rabinowitz QC, Nick Sloboda, Tamara Kagan, Andrew Lodder, and Henry Hoskins in a multi-billion dollar oil and gas dispute regarding alleged fraud and breach of warranty under an SPA. - Royal Devon and Exeter NHS Foundation Trust v Atos IT Services UK Ltd
Assisted Zoe O’Sullivan QC and Andrew Lomas in acting for the Defendant IT supplier in a dispute over the digitisation of NHS patient records. - Settled a defence and counterclaim to a claim for sums allegedly due on termination of a contract for managed printing services.
- Settled particulars of claim for a client alleging that his company had been missold an interest-rate swap by an international financial services group.
- Acted (as sole counsel) for a solicitor making an application for third-party disclosure from a bank to assist in enforcement proceedings.
- Assisted in preparing evidence for a claimant seeking sums due under an agency agreement, which engaged issues relating to the treatment of transfer fees under the Conduct of Employment Agencies and Employment Businesses Regulations 2003/3319.
- Ferrufino Arango -v- AIDrivers Limited (2023)
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Arbitration
- LCIA Arbitration
Acting (with Alexander Gunning KC) for the defendant in a high-value dispute under a Share Purchase Agreement. - ICC Arbitration
Acting (with Edward Cumming KC) for a manufacturer in a dispute over the termination of a contract relating to the development of a new line of products. - LMAA Arbitration
Acting (with Daniel Toledano KC) for the purchaser of a yacht in a dispute over termination of the construction contract. - SIAC Arbitration
Assisted Laurence Rabinowitz QC, Nick Sloboda, Tamara Kagan, Andrew Lodder, and Henry Hoskins in a multi-billion-dollar oil and gas dispute regarding alleged fraud and breach of warranty under an SPA.Assisted (during pupillage) Steven Elliott in defending an arbitration claim for unpaid sums under an agency agreement, raising issues relating to the Bribery Act 2010.
- LCIA Arbitration
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Banking and Financial Services
- Advising (as sole counsel) an equities trader on the availability of injunctive relief to restrain a broker from making a margin call.
- Credebt Exchange Limited v Zinc Group
Acting (as sole counsel) in Circuit Commercial Court proceedings for the claimant invoice factoring business in a deceit claim against a recoveries agent. - Advising and settling draft Particulars of Claim for a private equity investor in relation to breach of exclusivity provisions in a term sheet.
- Settled a Defence for the developer of an energy from waste (EfW) plant in relation to a claim for fees by a financial advisor under various engagement letters, involving issues of construction and estoppel by acquiescence and convention.
- Acting (with Giles Wheeler KC) for the claimant in proceedings for recovery of a loan of £2.5 million (under the facility agreement and related personal guarantee), involving issues of construction and rectification
- Macquarie Capital (Europe) Ltd v. Nordsee Offshore MEG I GmbH
Acted (with Daniel Toledano QC and Douglas Paine) in a €19 million claim for payment of completion and advisory fees in respect of an offshore windfarm project in the North Sea. The dispute includes issues relating to the German permit and grid connection regimes. - Settled particulars of claim for a client alleging that his company had been missold an interest-rate swap by an international financial services group.
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Civil Fraud
- SKAT v Solo Capital Partners LLP (in administration) and Ors
Acting (led variously by Laurence Rabinowitz KC, Charlie Grahams KC, Jamie Goldsmith KC and others) for the Danish Tax and Customs Administration in a claim relating to an alleged conspiracy involving fraudulent withholding tax reclaim applications in the sum of DKK 12 billion (approximately £1.5 billion). The case featured in The Lawyer’s “Top 20 Cases” for 2021. The case has been described by Foxton J as “one of the largest and most complex pieces of litigation to be heard in the Commercial Court”. - Lonestar Communications v Kaye, Marziano, Cellcom, Polani and Orange
Acting for Cellcom (with Sonia Tolaney QC and Tim Goldfarb) in Commercial Court proceedings arising out of alleged cyberattacks on a telecommunications company in Liberia, involving allegations of vicarious liability for economic torts in connection with the alleged cyberattacks. - Autonomy v Lynch and Hussain
Acting (with Laurence Rabinowitz QC, Patrick Goodall QC, Conall Patton QC and others) for Autonomy and others in fraud claims worth $5 billion in relation to the acquisition of Autonomy by the HP group. The case featured in The Lawyer’s “Top 20 Cases” for 2019. A 93-day trial concluded in January 2020, which Hildyard J noted “may rank amongst the longest and most complex in English legal history”. The 1200 page (excluding schedules and appendices) judgment on liability “may well be unparalleled”. Quantum to be determined in a later judgment. - Credebt Exchange Limited v Zinc Group
Acting (as sole counsel) in Circuit Commercial Court proceedings for the claimant invoice factoring business in a deceit claim against a recoveries agent.
- SKAT v Solo Capital Partners LLP (in administration) and Ors
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Competition
- Sainsbury’s Supermarkets Ltd v (1) MasterCard Incorporated; (2) MasterCard International Incorporated; (3) MasterCard Europe S.P.R.L [2020] UKSC 24
Acted as junior counsel for the claimants (with Mark Brealey QC and Derek Spitz) in the proceedings following the judgment of the Supreme Court concerning interchange fees implemented by MasterCard (as an association of banking undertakings) in breach of EU Competition law.
- Sainsbury’s Supermarkets Ltd v (1) MasterCard Incorporated; (2) MasterCard International Incorporated; (3) MasterCard Europe S.P.R.L [2020] UKSC 24
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Energy and Natural Resources
- Settled a Defence for the developer of an energy from waste (EfW) plant in relation to a claim for fees by a financial advisor under various engagement letters, involving issues of construction and estoppel by acquiescence and convention.
- Acted for Mr Oleg Sheyko in his claim for over US$10 million against Consolidated Minerals Limited (“CML”) before the Jersey Royal Court (Samedi Division), assisting in successfully resisting CML’s appeal from an order debarring it from defending the claim on the basis of serious disclosure failings.
- Macquarie Capital (Europe) Ltd v. Nordsee Offshore MEG I GmbH
Acted (with Daniel Toledano QC and Douglas Paine) in a €19 million claim for payment of completion and advisory fees in respect of an offshore windfarm project in the North Sea. The dispute includes issues relating to the German permit and grid connection regimes. - Assisted (during pupillage) Sa’ad Hossain QC in advising a client on the proper construction of a notice clause in a contract.
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Jurisdiction and Conflict of Laws
- Lonestar Communications v Kaye, Marziano, Cellcom, Polani and Orange
Acted for Cellcom (with Sonia Tolaney QC and Tim Goldfarb) in Commercial Court proceedings arising out of alleged cyberattacks on a telecommunications company in Liberia, involving allegations of vicarious liability for economic torts under Liberian law in connection with the alleged cyberattacks. - Appeared (as sole counsel) for Linklaters LLP, successfully resisting an application disputing the court’s jurisdiction to hear its claim for unpaid fees. The defendant had sought to argued that it had no contract with Linklaters, so that Linklaters could not rely on an exclusive jurisdiction clause to establish jurisdiction under Article 25 of the Recast Brussels I Regulation.
- Lonestar Communications v Kaye, Marziano, Cellcom, Polani and Orange
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Shareholder Disputes and Company Law
- Advising and settling draft Particulars of Claim for a private equity investor in relation to breach of exclusivity provisions in a term sheet.
- Appeared for the defendants at a case management hearing in a Part 8 claim in which it was alleged that a signature on a shareholders’ agreement had been forged.
- Acted (with Craig Orr QC and Michelle Menashy) for the Defendants (Moore Freres LLC and Last Lion Holdings Ltd) in a 4-day conjoined trial of a claim for an injunction and an unfair prejudice petition: Re Last Lion Holdings Ltd [2018] EWHC 2347 (Ch). The Claimant (a minority shareholder in Last Lion) alleged that the Board of Last Lion had unreasonably refused to consent to a sale of its shares to a third party.
- Appeared in the Central London County Court on several occasions to make applications under the Companies Act 2006, including applications for: an extension of time for registration of a company charge, the rectification of the particulars of a company charge, and for the rectification of the companies’ register under section 1096.
- Advised the tenants of a block of flats on proposed alterations to the articles of association of the company managing the block.
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What the Directories Say
Chambers & Partners 2025 (Fraud: Civil) "Ben is hugely switched on. He was always available and gives very clear and concise advice from legal and practical perspectives."
"His written advisory work is well structured and difficult to argue with. He is great on a counsel team."
The Legal 500 2025 (Fraud: Civil) “A junior with a commanding court presence.”
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Education
City Law School: BPTC (Outstanding) [2015-2016]
City University London: GDL (Distinction, Top of Year) [2014-2015]
University of Oxford: BPhil (Philosophy) [2012 - 2014]
University of Oxford: MA (Philosophy, Politics and Economics) (First Class, Top of Year) [2009-2012]
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Academic Achievements
Arden Scholar (Gray's Inn) [2017]
Bedingfield Scholarship (Top BPTC Scholarship), Gray’s Inn [2015]
Du Cann Prize (Mooting Competition, final before Stephen Phillips, Asplin, Andrews JJ), Gray’s Inn [2016]
Maitland Advocacy Prize (Mooting Competition, final before Newey J) [2014]
David Karmel Entrance Award (Top GDL/CPE Scholarship), Gray’s Inn [2014]
Henry Wilde Prize (for Oustanding Performance in Philosophy Finals), University of Oxford [2012]
Two Hicks Prizes (for Outstanding Performances in Economics Finals), University of Oxford [2012]
3 Verulam Buildings Prize (for the best performance in the GDL), City University London [2015]
European Law Prize, City University [2015]
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Languages
German (basic)