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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, Senior Courts
and the Tribunals. He is frequently instructed in cases under Part II of the Landlord & Tenant Act 1954.

In 2018 Ben was one of three nominated by Chambers & Partners as Real Estate Junior of the Year. Chambers & Partners 2018 recognises his reputation for acting in “high-profile, complex property litigation”, for his “user-friendly approach and attention to detail” and for his “commercially minded” approach to cases. In October 2018 he will appear in the Supreme Court, led by Joanne Wicks QC, in S Franses Ltd v Cavendish Hotel (London) Ltd, a case concerning ‘ground (f)’ under the Landlord & Tenant Act 1954.

Ben also has a reputation for dealing with complex, high value property litigation. He was instructed in the complex Manchester Ship Canal litigation (led by Michael Barnes QC and Janet Bignell QC). He has also been instructed in a complex and very high value mortgage possession case (led by Tom Grant QC), which is due for a 2-week trial in 2019.

Recent cases include:

  • S Franses Ltd v Cavendish Hotel (London) Ltd in the Supreme Court, concerning whether a landlord can rely upon ground (f) of the Landlord & Tenant Act 1954 where the proposed works have no commercial purpose other than to secure vacant possession from the tenant.
  • Successfully obtaining an injunction against managing 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).
  • 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).
  • Appearing in the Court of Appeal in a case concerning the time limits within which to make 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.
  • 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)).
  • Herrmann v Withers [2012] EWHC 1492 (Ch) (led by Jonathan Seitler QC), 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.