Events / Webinars
The First 100 Years of the Law of Property Act 1925: A Celebration
Thursday 1 May 2025 | 12.15pm - 5.55pm, followed by drinks and canapés
The View at The Royal College of Surgeons, London
£75 + VAT | 3.5 CPD
View moreBen 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). In 2025 that litigation returns to the High Court, this time concerning a landlord’s ability to charge commissions on insurance premiums, passing the cost to tenants as part of their insurance rent.
In 2024 Ben appeared, led by Jonathan Seitler KC, in Leicester Square (2015) Ltd v Empire Cinema 2 Limited [2024] EWHC 2294 (Ch), a two-day High Court appeal concerning the scope of the moratorium period under the Commercial Rent (Coronavirus) Act 2022.
In 2025, Ben will be appearing, with Jonathan Seitler KC, in the much-publicised ground (g) case concerning the Curzon Mayfair. Unusually for 1954 Act matters, this trial will be in the High Court.
Ben has been recommended in Chambers & Partners since 2013, and Legal 500 since 2015.
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 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 2025 that litigation returns to the High Court, this time concerning a landlord’s ability to charge commissions on insurance premiums, passing the cost to tenants as part of their insurance rent.
In 2024 Ben appeared in Old Street Retail Trustee (Jersey) 1 Limited v Argos Limited, a 3-day trial in the Chancery Division, concerning a retailer’s entitlement to use a shop to distribute goods to ‘click and collect’ points, and for online home delivery orders, under the terms of the user covenant, which restricted use to A1 use. Ben was led by Julian Greenhill KC and Reuben Taylor KC.
In 2024 Ben appeared, led by Jonathan Seitler KC, in Leicester Square (2015) Ltd v Empire Cinema 2 Limited [2024] EWHC 2294 (Ch), a two-day High Court appeal concerning the scope of the moratorium period under the Commercial Rent (Coronavirus) Act 2022.
In 2025, Ben will be appearing, with Jonathan Seitler KC, in the much-publicised ground (g) case concerning the Curzon Mayfair. Unusually for 1954 Act matters, this trial will be in the High Court.
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 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:
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.
He is very strong in property and pensions-related cases. He is a good team player, who works hard and is painstaking in his attention to detail.
He’s an exceptional barrister who goes above and beyond, giving 110% for his clients. He is also very strategic in his advocacy and is sharp, focused and a pleasure to deal with.
Benjamin provides proactive and sophisticated thinking on tricky cases. He’s very impressive and goes over and above in terms of client service.
Benjamin is completely wise beyond his years, a pleasure to work with and impressive in court.
Ben is technically brilliant, grasping complex issues with ease. He has very strong advocacy skills and can articulate arguments confidently, clearly and succinctly.
Events / Webinars
Thursday 1 May 2025 | 12.15pm - 5.55pm, followed by drinks and canapés
The View at The Royal College of Surgeons, London
£75 + VAT | 3.5 CPD
View moreNews
We are delighted to announce that Wilberforce barristers appear in three of The Lawyer’s Top 20 cases of 2025, identifying the upcoming year’s most-talked-about disputes. Nine of our members are involved across the highlighted matters. The Public Institution For Social... Read more
Monday 6 January 2025
View moreRecent Cases
Property
Jonathan Seitler KC | Benjamin Faulkner
Tuesday 10 September 2024
External Conferences
Thursday 18th April 2024
Ardencote Manor Hotel, Warwick
Speakers:
Benjamin Faulkner
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:
He’s an exceptional barrister who goes above and beyond, giving 110% for his clients. He is also very strategic in his advocacy and is sharp, focused and a pleasure to deal with.
Benjamin provides proactive and sophisticated thinking on tricky cases. He’s very impressive and goes over and above in terms of client service.
Benjamin is completely wise beyond his years, a pleasure to work with and impressive in court.
Ben is technically brilliant, grasping complex issues with ease. He has very strong advocacy skills and can articulate arguments confidently, clearly and succinctly.
He is a good team player, who works hard and is painstaking in his attention to detail.
News
We are delighted to announce that Wilberforce barristers appear in three of The Lawyer’s Top 20 cases of 2025, identifying the upcoming year’s most-talked-about disputes. Nine of our members are involved across the highlighted matters. The Public Institution For Social... Read more
Monday 6 January 2025
View moreNews
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
View moreProfessional 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:
He’s an exceptional barrister who goes above and beyond, giving 110% for his clients. He is also very strategic in his advocacy and is sharp, focused and a pleasure to deal with.
Benjamin provides proactive and sophisticated thinking on tricky cases. He’s very impressive and goes over and above in terms of client service.”
Benjamin is completely wise beyond his years, a pleasure to work with and impressive in court.
Ben is technically brilliant, grasping complex issues with ease. He has very strong advocacy skills and can articulate arguments confidently, clearly and succinctly
He is a good team player, who works hard and is painstaking in his attention to detail.
News
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
View moreEvents / Webinars
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
View moreRegistered name: Mr Benjamin Charles Gatehouse Faulkner
VAT number: 983149881