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Benjamin Faulkner

Call: 2008   

+44 (0)20 7306 0102bfaulkner@wilberforce.co.uk

Property

Ben’s practice encompasses all aspects of real property and landlord and tenant related litigation and advice. He is regularly instructed on disputes in the County Court, High Court and the Tribunals.

Ben’s landlord and tenant practice includes residential and business tenancies, possession claims, service charge dispute, disputes concerning managing agents and claims arising from the appointment of LPA receivers. Ben also advises frequently on non-domestic business rates.

Real property related cases in which he has been involved cover a broad spectrum including:

  • Easements
  • Restrictive covenants
  • Boundary disputes
  • Market and fair rights
  • Party walls
  • Town and Village Greens
  • Adverse possession
  • Mortgages
  • Nuisance
  • Land registration issues

Recent cases include:

  • Successfully obtaining an injunction against manning agents of a residential building, who were withholding records and funds from the right to manage company.
  • Acting for owners of the Manchester Ship Canal in their claim against United Utilities for trespass in respect of numerous outfalls discharging treated and untreated sewage into the water (led by Michael Barnes QC and Janet Bignell QC): The Manchester Ship Canal Company Limited v United Utilities Water Limited [2016] EWHC 259 (Ch).
  • Appearing in the Court of Appeal in a case concerning the time limits within which to make an an application to register land as a town or village green (led by Jonathan Karas QC): R (Church Commissioners for England) v Hampshire CC [2014] EWCA Civ 634.
  • Acting for a famous chef against the landlord of one of his restaurants, who claimed he was entitled to a personal guarantee from the chef. The chef argued that the personal guarantee was not executed either by him, or with his authority (led by Jonathan Seitler QC): Gordon Ramsay v Love [2015] EWHC 65 (Ch)
  • Resisting an application to the land registry adjudicator to amend the title plan in a boundary dispute, involving complex issues of land registration (led by Jonathan Seitler QC and John Martin QC).
  • Resisting an application to amend an order concerning a right of way (Johnsen v Wilson [2011] EWHC 2623 (Ch).
  • Advising in relation to market and fair rights.
  • He was led by Jonathan Seitler QC in Herrmann v Withers [2012] EWHC 1492 (Ch), a successful claim brought against residential property conveyancers, which raised difficult issues of mitigation of loss.
  • Ben is the co-editor of the current edition of Butterworths Property Handbook. He is also the co-editor of the Wilberforce Chambers book Development Disputes: current issues for property litigators, and the editor of the sections on unfair terms in tenancy agreements and on Commonhold tenure in Hill and Redman.