Profile description
Prior to being called to the Bar, Ben has held academic positions at various universities researching in public and administrative law. His research has contributed to the first report by the European Parliament on mutual legal assistance.
Ben enjoys a varied and eventful civil practice, and has specific expertise in Chancery and Property Law.
Specialist Practice Areas
CHANCERY
Ben has experience in drafting and advising at all stages of litigation including pre-action and enforcement. Ben's experience includes the following:
- Contentious probate and disputes arising out of wills and testamentary dispositions
- Disputes involving trusts (including breaches of trust, removal of trustees and tracing against trustees)
- Disputes arising out of loans and financial instruments (including consumer credit and other forms of regulated and unregulated lending)
Recent Notable cases:
MM v AR and AM (High Court of Justice, Chd) - Currently instructed as a sole counsel in an ongoing cross-border inheritance dispute involving allegations of misrepresentation.
Knight and Knight v Southern Pacific Mortgages and Hicken and Wood (Trustees in Bankruptcy) (High Court of Justice, Chd, App List) - Successfully acted for the first respondent in resisting on the applicant's urgent application for stay of execution of a warrant and determination of her equitable interest in the property.
The Will Trust of J - Settled a determinative advice, which all parties agreed to bound by on the disputed construction of a 'life interest' clause in a will.
REAL PROPERTY AND LANDLORD AND TENANT
Having appeared in hundreds of property related hearings, including those concerning technical defences. Ben is able to assist in variety of areas concerning land. Ben has experience in drafting pleadings and advices in property related claims involving significant technical detail. Ben can therefore assist with the following;
- Mortgage disputes including technical defences
- Residential Landlord and Tenant
- Claims for disrepair
- Leasehold litigation (including but not limited to determination of service charges, right to manage, lease variations and leasehold enfranchisement)
- Boundary disputes (including matters where allegations of harassment or nuisance are raised)
- Applications under the Party Wall etc. Act 1996
- Applications under the Access to Neighbouring Land Act 1992
- Applications for orders for Sale
- Trespass
- Housing (including cases where there are allegations of anti-social behaviour)
- Litigation concerning rentcharges and estate rentcharges
Recent Notable Cases;
Will Trust of C v Springer (Thanet County Court) - Advised and appeared for the claimant trustees in their successful claim for trespass to land against the defendant who defended the claim on the basis of proprietary estoppel. Ben also successfully obtained summary judgment in respect of the defendant's defence under the Equality Act 2010
Maurice Laurent Ltd v Adams (Clerkenwell and Shoreditch County Court) - Successfully represented the claimant at trial, ultimately defeating allegations of disrepair and arguments that the lease contained unenforceable penalty clauses.
PERSONAL INJURY AND CREDIT HIRE
Ben has experience of cases involving road traffic accidents, employer's liability and public liability. He regularly appears in interim and final hearings on all tracks. Ben also has a thriving papers practice and can be instructed to draft pleadings, advices and schedule of losses. He also has experience in personal injury claims involving allegations of fraud.
Ben is also frequently instructed in claims against public bodies such as prisons and local authorities.
COMMERCIAL AND INSOLVENCY
Ben has a wide range of expertise at assisting and advising clients at all stages of commercial litigation. Ben's commercial and insolvency practice follows his general property practice in that he has recently been instructed in business disputes arising out property transactions. He has experience in:
- Contract claims
- Consumer credit
- Personal and Corporate Insolvency
OTHER
Owing to Ben’s long standing academic interest in public and administrative law, Ben is able to assist in claims involving public bodies and is often instructed in private law claims against public bodies.
Education
- University of Law – Bar Professional Training Course
- The University of Birmingham – LLM in International Law
- University of East Anglia – LLB in Law
Awards and Prizes
- Platinum Award (University of Law)
- Petit Bursary (The University of Birmingham)
- Sir Christopher Benson Scholarship (Middle Temple)
- University of East Anglia Law School Award for Exceptional Achievement
- UK Environmental Law Association National Mooting Competition: First Place
- UEA Senior Mooting Competition: First Place
- UEA Negotiation Competition: First Place
Languages
- English
- Hungarian
- German
Professional Memberships
PIBA - Personal Injury Bar Association
CHBA - Chancery Bar Association
Attorney General's 'Junior Junior' Panel member
Hobbies and other interests
When Ben is not trying to play golf (badly), he follows the changing fortunes of his beloved Fulham FC.