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Ben practises in public, planning, environmental and property law.  He has appeared for clients in the High Court, Upper Tribunal, County Court, Magistrates Court and First Tier Tribunals (Immigration and Social Entitlement). Ben is also regularly called upon to give advice and draft pleadings.  Ben’s recent clients have included individual claimants and defendants, developers, environmental groups, landlords, tenants, local authorities and government departments.

Prior to joining Landmark, Ben worked for five years as a civil service fast-streamer at the Ministry of Defence.  His work spanned various aspects of defence and security policy and included liaison with foreign governments, dealing with public law challenges and the application of international human rights law.  Ben was also involved with the government effort to plan for the 2012 London Olympics.

Public Law

Ben accepts instructions in all areas of public law.  Ben has particular experience of the following areas.

Anti-Social Behaviour

Ben is currently acting as junior counsel to the claimants in the case of Dulgheriu v London Borough of Ealing.  This is a challenge to a Public Spaces Protection Order (PSPO) promulgated under s.59 of the Crime Policing and Anti-social Behaviour Act 2014.  The Order prevents people from expressing views relating to abortion in the vicinity of an abortion clinic in Ealing.  It raises important issues relating to the use of these controversial anti-social behaviour measures and articles 9 (freedom of religion), 10 (freedom of expression) and 11 (freedom of assembly) of the ECHR. For press coverage, please see here.

Immigration

Ben has appeared in both the High Court and Upper Tribunal in immigration judicial review proceedings.  Ben also regularly appears before First-tier Tribunal (Immigration) for bail applications and for numerous appeals covering the application of the EEA Regulations, the Immigration Rules and the Human Rights Act 1998.  Ben also acts for clients in unlawful detention claims.

Public Inquiries

Ben is currently acting as junior counsel to the Independent Inquiry into Child Sexual Abuse with a particular focus on abuse in the Anglican church.  Ben is being led by Fiona Scolding QC.

Social Security, tax and pensions

As a pupil to Galina Ward, Ben assisted with the preparation of appeals relating to tax credits, the Armed Forces Compensation Scheme and police injury pensions.  In addition, as a Free Representation Unit representative, Ben appeared before the First-tier Tribunal (Social Entitlement) for individuals appealing decisions in relation to their entitlement to benefits.

Healthcare and Education and Information

Ben has a keen interest in healthcare law, and co-authored (with Hannah Gibbs) a chapter on GP law in the leading textbook on the matter: NHS Law and Practice.

Ben has represented unsuccessful Freedom of Information Act applicants in appeals to the Information Tribunal.

In addition, as pupil to Galina Ward, Ben assisted with and advised on claims relating to school admissions and SEN matters, as well as with a judicial review of a prison categorisation decision.

Environmental Law

Ben is currently acting as a junior to Richard Turney in two judicial review claims against the Secretary of State for the Environment, Food and Rural Affairs and Natural England in relation to the culling of badgers in England.  The claims raise important public law matters and issues relating to the Habitats Regulations.  For press coverage see here. 

As part of his planning practice, Ben has also been instructed to advise on matters relating to the EIA Regulations.

Ben was recently appointed as a contributor to Garner’s Environmental Law, for which he writes the chapter on the management and shipment of waste.

In addition, as a pupil to Charles Banner, Ben assisted with the drafting of submissions for the Court of Justice of the European Union in relation to the regulation of genetic mutation techniques. 

Property Law

Ben has appeared for clients in both the High Court and County Court in relation to property matters.  In particular, Ben frequently appears for both landlords and tenants in residential (private and public sector tenancy) possession hearings and in disrepair actions at the County Court.   Ben has also successfully represented clients at hearings relating to orders for sale and enforcement, business tenancy renewals, applications for default judgment and other case management hearings.  In addition, Ben has represented clients in the Magistrates’ Court in relation to statutory nuisance and noise abatement claims under the Environmental Protection Act 1990.

Ben has provided written advice and drafting services for clients in relation to a number of other property matters, including:

  • Leasehold enfranchisement under the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993
  • The interpretation of leases and enforceability of leasehold covenants
  • Easements and rights of way
  • Rights to light
  • Disrepair and dilapidations
  • Rent recovery in commercial leases

Ben was recently instructed as a junior to Katharine Holland QC in a high-value High Court claim in relation to valuation, the enforceability and interpretation of covenants and deeds of indemnity.

Ben has also worked with Myriam Stacey on a claim relating to the construction of complex commercial lease.

In addition, as a pupil to Thomas Jefferies, Ben assisted with advice in relation to forfeiture, highways and valuation.

Planning

Ben accepts instructions in all areas of planning law.

Ben has advised and drafted submissions for a range of planning judicial reviews and statutory reviews. 

Ben has also drafted written representations for planning appeals on behalf of developers.

In addition, Ben has advised clients on a range of planning matters, including in relation to:

  •          EIA Regulations
  •          Certificates of lawfulness
  •          Assets of Community Value
  •          Permitted development rights

As a pupil to Guy Williams, Ben attended and assisted with several planning inquiries and hearings, including in relation to:

  •          Compulsory purchase and estate regeneration
  •          Compensation
  •          Heritage matters and ‘enabling development’
  •          Neighbourhood plans
  •          Infrastructure Projects