Practice Overview

Ben has a commercial Chancery practice with a particular emphasis on real property and landlord and tenant work and related professional negligence, although he also has wide experience in Chambers’ other core areas, including pensions, insolvency, company, commercial, trusts, wills and probate, and other private client matters.

In 2023, Ben was Legal 500’s Property and Housing Junior of the Year. In 3 of the previous 5 years (2018, 2019 and 2022) Ben also was one of three nominated by Chambers & Partners as Real Estate Junior of the Year.

In 2018, led by Joanne Wicks KC, he successfully acted for the tenant in S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62, a Supreme Court case which has substantially recast the law relating to ‘ground (f)’ under the Landlord & Tenant Act 1954. A large part of Ben’s practice concerns opposed and unopposed lease renewals.

In 2022, Ben was instructed, led by Jonathan Seiter KC, in the Trocadero v Picturehouse Cinemas litigation, concerning the liability of commercial tenants to pay rent during the pandemic, which was heard by the Court of Appeal in June 2022 (see [2022] EWCA Civ 1021).

Ben has been recommended in Chambers & Partners since 2013, and Legal 500 since 2015.

Benjamin's expertise

Download Property CV

Property

Ben’s practice focuses on all aspects of real property and landlord and tenant related litigation and advice. In particular, he is frequently instructed in cases under Part II of the Landlord & Tenant Act 1954, and he frequently works on the cases with valuation issues.

In 2023, Ben was Legal 500’s Property and Housing Junior of the Year. In 3 of the previous 5 years (2018, 2019 and 2022) Ben also was one of three nominated by Chambers & Partners as Real Estate Junior of the Year.

In 2022, Ben was instructed, led by Jonathan Seitler KC, in the Trocadero v Picturehouse Cinemas litigation, concerning the liability of commercial tenants to pay rent during the pandemic, which was heard by the Court of Appeal in June 2022 (see [2022] EWCA Civ 1021).

In 2018, led by Joanne Wicks KC, he successfully acted for the tenant in S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62, a Supreme Court case which has substantially recast the law relating to ‘ground (f)’ under the Landlord & Tenant Act 1954. Ben has developed a particular expertise in business tenancy renewal cases, both opposed and unopposed.

Ben also has a reputation for dealing with complex, high-value property litigation. In 2022, he was instructed in a heavy duty development dispute (led by Jonathan Seitler KC and leading Francesca Mitchell, acting against Joanne Wicks KC and Jia Wei Lee) which culminated in a 6-week trial: Ensign House Limited v Ensign House (FEC) Limited [2023] EWHC 1563 (Ch). Ben cross-examined a valuation expert for 3.5 days, successfully reducing the headline £23.75m claim to an award of just £2m.

He has recently also been instructed in arbitrations (led by Martin Hutchings KC and Mark Wonnacott KC, and working with Jonathan Chew) concerning valuation of a vast property portfolio upon exercise of options to purchase. Ben was instructed in the complex Manchester Ship Canal litigation (led by Michael Barnes KC and Janet Bignell KC). He was also been instructed in a complex and very high-value mortgage possession case (led by Thomas Grant KC, and latterly by Fenner Moeran KC), which included a successful multi-headed 2-day strike out application.

Recent cases include:

  • Ensign House Limited v Ensign House (FEC) Limited [2023] EWHC 1563 (Ch): a development dispute culminating in a 6-week trial (led by Jonathan Seitler KC, and leading Francesca Mitchell).
  • London Trocadero (2015) LLP v Picturehouse Cinemas Limited [2022] EWCA Civ 1021 in the Court of Appeal: concerning the entitlement of landlords of commercial premises to rent during periods when the premises were forced to close owing to the various Coronavirus Regulations (led by Jonathan Seitler KC).
  • HPUT Trustee No 1 Limited v Boots UK Limited (24 May 2021; before HHJ Dight CBE) in the Central London County Court: an unopposed lease renewal trial, but more complicated by the fact that there was a portfolio of 123 cases, all simultaneously coming on for trial, following a sale and leaseback 15 years before. In the first case, Ben was led by Martin Hutchings KC.
  • Tactical advice for landlords looking to develop buildings subject to leases protected by the Landlord & Tenant Act 1954, as well as telecommunications code rights.
  • S Franses Ltd v Cavendish Hotel (London) Ltd [2018] UKSC 62 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.
  • Multiple opposed and unopposed lease renewal cases, dealing with the application of S Franses and the new climate brought about the by Covid-19.
  • A.R.G.C Limited v ARCGP 1 Limited (31 May 2023): a case concerning whether proper service of a 1954 Act claim form had been affected by serving copies of the claim form which had been scanned into the claimant’s solicitor’s system, and then printed off.
  • GKN Aerospace Services Ltd v Duncan Investments Ltd [2020] EWHC 3719 (Ch): a part 8 trial, which then went on appeal, concerning the effectiveness of a break notice.
  • Persimmon Homes Limited v Country Weddings (Cardiff) Limited [2020] EWHC 302 (Ch): successfully resisting an application for summary judgment as to whether a restrictive covenant continued to bind relevant land.
  • UBS AG v Rose Capital Ventures Ltd [2018] EWHC 3137 (Ch): a complex mortgage possession claim, which was largely disposed of at a 2-day strike out application, which included argument over Braganza rationality of the mortgagee’s decision making (led by Thomas Grant KC).
  • A trial concerning whether a lease had been validly excluded from the protections of Part II of the Landlord & Tenant Act 1954.
  • Acting for defendant solicitors in a multimillion-pound professional negligence claim concerning the alleged grant of rights of light, inhibiting development on neighbouring land (led by Jonathan Seitler KC).
  • 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 KC and Janet Bignell KC): 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. The chef argued that the personal guarantee was not executed either by him, or with his authority (led by Jonathan Seitler KC): Gordon Ramsay v Love [2015] EWHC 65 (Ch).

Ben is the co-editor of the current edition of Butterworths Property Handbook, and the editor of the sections on unfair terms in tenancy agreements and on Commonhold tenure in Hill and Redman. He is also the co-editor of the Wilberforce Chambers books Current Issues in Nuisance and Trespass and Development Disputes: current issues for property litigators.

Download Property CV

  • Quote symbolBen is truly phenomenal. Technically brilliant and a superb advocate. Ben is very much part of the team, he consistently goes above and beyond and is always a total pleasure to deal with.

    The Legal 500 2024

  • Quote symbolBen is absolutely superb. He is keen to look at every avenue to achieve the client's aim.

    Chambers & Partners 2024

  • Quote symbolBen was exceptional in unpicking a complex matter to formulate clear and compelling arguments. In client conference, he took charge and clearly impressed the client.

    Chambers & Partners 2024

  • Quote symbolA fabulously clever junior.

    The Legal 500 2024

  • Quote symbolHe is very knowledgeable and very good with clients.

    Chambers & Partners 2024

Property insights & events View all thought leadership View all events

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    Events / Webinars

    The Landlord and Tenant Act 1954 – Refine, Reform or Reject? A Panel Debate

    Wednesday 6th December 2023 | 6pm - 7.15pm, followed by drinks
    Hogan Lovells International LLP, Atlantic House, Holborn Viaduct, London EC1A 2FG

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    Webchats

    Considering the recent Court of Appeal decision on the Landlord and Tenant Act 1954

    Listen to Joanne Wicks KC and Benjamin Faulkner on our latest #WilberforceWebchat as they consider a recent Court of Appeal decision on the Landlord and Tenant Act 1954. The case provides helpful guidance about the grounds of opposition to the... Read more

    Joanne Wicks KC | Benjamin Faulkner
    Tuesday 17 October 2023

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    News

    Benjamin Faulkner has won Property and Housing Junior of the Year at The Legal 500’s UK Bar Awards

    We are delighted to congratulate Benjamin Faulkner on winning ‘Property and Housing Junior of the Year‘ at last night’s The Legal 500’s UK Bar Awards 2023. A huge thank you to all our clients for your ongoing support of Wilberforce... Read more

    Wednesday 4 October 2023

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    Articles

    Rental levels in lease renewals

    Ben Faulkner and Kirsty Black (Shoosmiths) have written an article entitled “Rental levels in lease renewals” which asks, with the announcement of the Law Commission’s consultation on Part II of the Landlord and Tenant Act 1954, can changes be made... Read more

    By Benjamin Faulkner
    Monday 17 July 2023

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Benjamin's expertise

Download Commercial disputes CV

Commercial disputes

Ben is often instructed in banking and commercial matters, both on his own account or in larger cases as part of a team.

Recent instructions include:

  • Ensign House Limited v Ensign House (FEC) Limited [2023] EWHC 1563 (Ch): a development dispute, where the defendants breached an NDA, culminating in a 6-week trial (led by Jonathan Seitler KC, and leading Francesca Mitchell)
  • UBS AG v Rose Capital Ventures Ltd [2018] EWHC 3137 (Ch): a complex and very high-value mortgage possession case (led by Thomas Grant KC), acting for a major bank, which included a successful multi-headed 2-day strike out application.
  • Advising a consultant services company in relation to a potential claim for repudiatory breach of a services agreement.
  • Acting for a purchaser of a company in relation to breaches of warranties in the share purchase agreement.
  • Advising in a confidential case concerning financial assistance rules.

Download Commercial disputes CV

  • Quote symbolBen is truly phenomenal. Technically brilliant and a superb advocate. Ben is very much part of the team, he consistently goes above and beyond and is always a total pleasure to deal with.

    The Legal 500 2024

  • Quote symbolBen is absolutely superb. He is keen to look at every avenue to achieve the client's aim.

    Chambers & Partners 2024

  • Quote symbolBen was exceptional in unpicking a complex matter to formulate clear and compelling arguments. In client conference, he took charge and clearly impressed the client.

    Chambers & Partners 2024

  • Quote symbolA fabulously clever junior.

    The Legal 500 2024

  • Quote symbolHe is very knowledgeable and very good with clients.

    Chambers & Partners 2024

Commercial disputes insights View all thought leadership

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    News

    Wilberforce Shortlisted in Six Categories at Chambers UK Bar Awards 2022

    We are delighted to announce that Wilberforce Chambers has been shortlisted for a total of six awards at this year’s Chambers Bar Awards: Chancery Silk of the Year – Clare Stanley QC Chancery Set of the Year Professional Negligence Silk... Read more

    Wednesday 31 August 2022

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Professional liability

Ben regularly accepts instructions in professional negligence matters, particularly those concerning property. He acts both on his own account, or as a junior in more substantial matters. He is ranked as a leading junior in professional negligence.

Notable recent instructions include:

  • Acting for defendant barristers in a claim relating to a discontinued multimillion-pound fraud trial (led by Joanna Smith QC, and Ian Croxford KC).
  • Acting for a claimant in a claim against letting agents for negligence and breach of fiduciary duty owing to their failure to disclose a damning credit check report on an incoming tenant.
  • Acting for defendant pension actuaries and benefit consultants in respect of alleged failures to effect changes to a pension scheme (led by Ben Hubble KC).
  • Acting for the claimant lender in respect of a mortgage fraud, where its solicitors failed to protect it against the risk of fraud.
  • Acting for defendant solicitors in a multimillion-pound professional negligence claim concerning the alleged grant of rights of light, inhibiting development on neighbouring land (led by Jonathan Seitler KC).
  • Acting unled for trustee services providers in a legally complex claim against them for their failure to detect that their client’s emails had been hacked.
  • Acting unled in a claim brought against conveyancing solicitors brought by purchasers of property who had been tricked by identity fraudsters.
  • Acting for an IFA in a claim brought against him by an ex-professional footballer, for allegedly failing to preserve his favourable retirement age.
  • Acting for solicitors in defending a claim brought against them for their alleged failure to equalise a pension scheme effectively.
  • Herrmann v Withers [2012] EWHC 1492 (Ch): A successful claim brought against residential property conveyancers, which raised difficult issues of mitigation of loss (led by Jonathan Seitler KC).

Download Professional liability CV

  • Quote symbolBen is truly phenomenal. Technically brilliant and a superb advocate. Ben is very much part of the team, he consistently goes above and beyond and is always a total pleasure to deal with.

    The Legal 500 2024

  • Quote symbolBen is absolutely superb. He is keen to look at every avenue to achieve the client's aim.

    Chambers & Partners 2024

  • Quote symbolBen was exceptional in unpicking a complex matter to formulate clear and compelling arguments. In client conference, he took charge and clearly impressed the client.

    Chambers & Partners 2024

  • Quote symbolA fabulously clever junior.

    The Legal 500 2024

  • Quote symbolHe is very knowledgeable and very good with clients.

    Chambers & Partners 2024

Professional liability insights & events View all thought leadership View all events

  1. Placeholder

    News

    Wilberforce Shortlisted in Six Categories at Chambers UK Bar Awards 2022

    We are delighted to announce that Wilberforce Chambers has been shortlisted for a total of six awards at this year’s Chambers Bar Awards: Chancery Silk of the Year – Clare Stanley QC Chancery Set of the Year Professional Negligence Silk... Read more

    Wednesday 31 August 2022

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    Events / Webinars

    Professional Liability Conference

    Monday 23 November 2015 | 8.45am - 1.00pm (registration from 8.15am)
    Double Tree Hilton - Tower of London, 7 Pepys StreetLondonEC3N 4AF

    £75 + VAT | 3.0 CPD

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Benjamin's Details

BSB/VAT information

Registered name: Mr Benjamin Charles Gatehouse Faulkner
VAT number: 983149881

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Qualifications and Appointments

  • Law Scholar at Gonville and Caius College, Cambridge. Graduated in 2007 with a first class degree, finishing fifth in the year.
  • William McNair Prize in 2006 and 2007 for the top first at Gonville and Caius College in both years.
  • Denning Scholarship from Lincoln’s Inn
  • Lincoln’s Inn Entrance Award
  • Buchanan Prize for obtaining an “outstanding” grade in the BVC.

Memberships

  • Chancery Bar Association
  • Association of Pension Lawyers (Associate member)
  • Property Bar Association
  • Bar Pro Bono panel

Publications

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