Ben deals with cases across the financial spectrum: from multi-million pound matrimonial pots to more modest cases with a single family home catering for a family with children. His experience in children work allows him to better understand family dynamics and offer advice and submissions that take into account the realities of family life, particularly where there are conduct arguments and in ‘needs’ cases.
His civil experience, eye for detail and ability to grasp complex legal and factual themes assist in more difficult cases involving:
- Intervenor claims, particularly where 3rd parties may have interests in property with potential trust claims under TOLATA;
- S. 37 Matrimonial Causes Act 1973 applications and freezing injunctions;
- Extracting money from businesses;
- Non-disclosure;
- Addback arguments;
- Costs arguments;
- Enforcement.
Ben’s practical and realistic approach means many of his cases settle at FDR, but where this cannot result in a fair outcome he is experienced in dealing with matters at Final Hearing.
Ben’s experience is not limited to married couples and those in civil partnerships. He acts and advises in cases involving the breakdown of other relationships where civil principles of law apply (whether those couples are co-habiting or not).
Case examples include:
- B v B (2024): Interesting case involving an agricultural tie over land and whether this could be lifted for an individual with significant health needs. Settled.
- P v D (2024): Multi-track TOLATA matter in involving defences based upon undue influence and an inequitable bargain. Successfully defended.
- B v B (2023): Multi-million pound case and addback arguments worth circa £350,000. Settled.
- G v G (2021): Successful s. 37 Matrimonial Causes Act 1973 application to set aside a disposition of property to family members.
Qualifications
LLB Law (Hons.): First Class
LLM International Human Rights Law and Practice: Merit
Bar Professional Training Course: Very Competent
Recommendations
Tier 1 Rising Star in the Legal 500 consistently since 2022 in the ‘Family: Children and Domestic Violence’ and ‘Social Housing’ categories.
Shortlisted for the Rising Star of the Year Award 2023 at the Private Client Modern Law Awards 2023.
Quotes
“Ben has excellent communication skills. He is prompt, clear, accurate and helpful. He has a lovely, calm and reassuring manner with clients. He inspires the utmost confidence that he has read everything and is on top of their case.”
Legal 500 2024
“Well regarded for his ‘extensive knowledge of occupation orders’ and ability with vulnerable clients.”
“Ben has a great manner with clients and always gives a full note of the hearing and quickly updates following hearing.”
Legal 500 2023
‘Extremely good with clients, understands their concerns and ensures they understand even the most complicated of circumstances. Excellent attention to detail in a case.’
Legal 500 2022
“The client commented that Counsel was very professional and that his knowledge of his case was great. This case involved many issues and we were very pleased with how Ben has managed the progression of the case. The client has been provided with clear advice and I feel that he has managed the client’s expectations really well.
Ben was prompt to provide a detailed note of the Hearing and has kept us fully informed regarding the drafting of the Order. His aftercare of the client has also been really good as he has contacted him to go through the Order which I think has been really helpful for this particular client. Overall we are really pleased with Ben’s representation and look forward to his ongoing assistance.”
Joanne Wilbraham, Ellis-Fermor & Negus
“I thought Ben was excellent and handled a very nervous client extremely well.”
Local Managing Partner & Solicitor
“I recently instructed Ben to represent a wife, who had previously been a litigant in person, at a final financial remedy hearing. The outcome was excellent. Ben is an effective advocate, able to listen to client’s instructions/
needs and then deliver the same in an engaging and considered way. The client was so pleased and commented that Ben was “amazing” and that she felt so relieved to have him representing her. I would not hesitate to recommend Ben.”
Florence Ashcroft-Lane, Stowe Family Law
“Ben demonstrated excellent client care and explained complex legal matters to the client clearly and concisely. Very down to earth, thoroughly prepared and great attention to detail. I would not hesitate to instruct Ben again!”
Sarah McLoughlin, Stowe Family Law
Appointments
Judge of the Employment Tribunal.
Judge of the First-Tier Tribunal (Social Entitlement Chamber).
Memberships
Family Law Bar Association.
The Honourable Society of Middle Temple.
Awards
Sir Joseph Cantley Memorial Prize, Middle Temple.
Nottingham Law School Scholarship, NLS.
1st Place, Lex Senior Negotiation Competition, NLS.
NSLS Best Plea in Mitigation Award.
Jeremy R Hyde CBE Award for the Legal Advice Centre, University of Hull.
Reported Cases
Housing
Rogerson v Bolsover District Council [2019] EWCA Civ 226 (Court of Appeal): Instructed as junior representing Claimant in a Defective Premises Act matter. The CoA used the opportunity to re-confirm the law in this area (https://www.bailii.org/ew/cases/EWCA/Civ/2019/226.html).
Regulatory
Teaching Regulation Authority (“TRA”) v (1) Talbi (2) Bernhardt (2022): Mr Nacerdine Talbi: Professional conduct panel outcome (publishing.service.gov.uk); LON_LIB1\26332993\1 (publishing.service.gov.uk)
Teaching Regulation Authority (“TRA”) v Smith (2021): CAR_LIB1\18833464\1 (publishing.service.gov.uk)
Teaching Regulation Authority (“TRA”) v Walker (2021): CAR_LIB1\19322017\1 (publishing.service.gov.uk)
Teaching Regulation Authority (“TRA”) v Marshall (2020): CAR_LIB1\17215851\1 (publishing.service.gov.uk)
Teaching Regulation Authority (“TRA”) v Marhsall (2020): CAR_LIB1\17215851\1 (publishing.service.gov.uk)
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