Ben is a partner in our Property & Commercial Litigation team. He grew up on a farm just outside of Salisbury, and trained with Wilsons and joined the litigation team on qualification. Ben was made Partner in 2010 and is now the team leader for the Property and Commercial Litigation team. He deals with both agricultural tenancy disputes, real property disputes and commercial disputes, acting for both claimants and defendants. His clients include landed estates, private individuals, manufacturing companies and charities.
On the property side Ben's recent cases include disputes relating to arbitration restrictive covenants, rights of access light, adverse possession, landlord and tenant, construction adjudication and professional negligence. On the commercial side Ben's recent cases include product liability, an LLP dispute, a shareholders' dispute and breach of contract/warranty claims.
With experience of mediations, arbitrations, adjudications and court hearings Ben will try and utilise the most appropriate procedure in order to resolve a dispute. He is also often asked to give advice as to how to prevent disputes arising in the first place. Whilst the majority of his cases are resolved without the need for Court proceedings two of Ben's cases have made it as far as the Court of Appeal:
- McCarrick v Hunter - In which the Court held that there had been no service provision change under TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) where there had been a change of client as well as a change of contractor. Ben acted for the successful respondent;
- Cavenagh v. William Evans Ltd - In which the Court held that a payment in lieu of notice must be made notwithstanding prior misconduct. Ben acted for the successful appellant.
When not working, Ben is likely to be enjoying the outdoors and spending time with his family.
