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Benjamin Faulkner

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+44 (0)20 7306

Professional Liability

Ben regularly accepts instructions in professional negligence matters, particularly those in the property and pensions fields. 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. The Legal 500 2020 edition states “he is super bright, spots ever point going and can tackle absolutely any question.”

Notable recent instructions include:

  • Acting for defendant solicitors in a multi-million pound professional negligence claim concerning the alleged grant of rights of light, inhibiting development on neighbouring land (led by Jonathan Seitler QC).
  • 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 QC).
  • Ben is also a contributor to the Pension Scheme Actuaries chapter in Professional Negligence and Liability looseleaf.