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BENJAMIN FAULKNER

Call: 2008   

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

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. The Legal 500 2021 edition states he is an “excellent communicator and both quick and bright. Very good in conference, in which he combines impressive mental agility with sensitivity to the concerns of the client. He works hard and effectively, makes a point of responding quickly and thoroughly, and is a great comfort to have on the team”.

Notable recent instructions include:

  • Acting for defendant barristers in a claim relating to a discontinued multi-million pound fraud trial (led by Joanna Smith QC, and Ian Croxford QC).
  • Acting for defendant pension actuaries and benefit consultants in respect of alleged failures to effect changes to a pension scheme (led by Ben Hubble QC).
  • 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 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).