Ben Stimmler has co-presented a LexisNexis Webinar on Recent Developments in Residential Landlord and Tenant Law
Published: 5th Nov 2019
Ben is a commercial chancery barrister. He acts for individuals and SMEs in disputes concerning property (real and landlord & tenant), estates, and the external and internal affairs of their businesses. His professional negligence and insolvency practices typically complement those specialisms.
In continuous practice since the completion of his pupillage in 2010, he prides himself on a pragmatic, client-centred approach to his court, ADR and written work.
Ben advises, drafts and acts in matters proceeding in the High Court, County Court (Chancery Business) and the First-Tier Tribunal (Property Chamber). His appellate practice has taken him, as sole counsel, to the Court of Appeal and the Upper Tribunal (Lands Chamber).
“Personable, knowledgeable and pragmatic, Ben continues to deliver the desired results and is my preferred choice of Counsel every time”
“A source of great help, guidance and wisdom”
Real Property and Development
On behalf of residential and commercial landowners, Ben advises, drafts pleadings and appears in Court and Tribunal in matters including:
- Adverse possession
- Boundary disputes
- Easements and restrictive covenants
- Land registration disputes
- Mortgages and other securities
- Nuisance and other property-related torts
- Property damage
- Proprietary estoppel
- Trusts of land (express, resulting and constructive), including TOLATA disputes.
Landlord & Tenant
Ben acts frequently in the Court and the Tribunal for residential (long lease) and commercial landlord and tenants in matters including:
- Derogation from grant
- Deposits and their protection
- Dilapidations
- Disrepair
- Forfeiture and possession
- Guarantees
- New leases and enfranchisement under the 1993 Act
- Reliance on, notices under and exclusion of the 1954 Act
- Rights of intermediate lessees and tenants
- Service charges and rent arrears
- Unlawful alienation
- Unlawful eviction and harassment
- Unlawful use
General Commercial Litigation
Ben has acted for SMEs, banks, national and international firms in a variety of areas of commercial litigation in the High Court and County Court. He has particular experience in the following areas:
- Agency and its associated fiduciary duties
- Asset damage caused by third parties
- Commercial and consumer credit
- Commissions
- Exclusion clauses and the restrictions on their use
- Formation of contracts
- Guarantees and indemnities
- Misrepresentation
- Penalty clauses
- Solicitors’ costs
- Supply of goods and services
- Unjust enrichment
Company and Partnership
Ben has diverse experience in handling typical and atypical disputes amongst officers and members of companies, including cases involving directors and their duties, shareholder agreements, unfair prejudice petitions and derivative actions. He is also all too experienced in dealing with companies whose members and officers conduct their affairs rather more informally than articles or statutory/fiduciary duties contemplate.
In disputes concerning non-corporate ventures, Ben is particularly interested in those at the intersection of partnership and property law, along with the circumstances where the very existence of a partnership is at issue (where he has for example succeeded in establishing that a contract in which the parties to a venture were said to be dealing as “partners” in fact gave rise to no partnership at all).
Wills and Trusts
Ben acts for executors, administrators and beneficiaries in both contentious and non-contentious issues concerning
- The form and substantial validity of wills.
- The consequences of intestacy where there is no (or no uncontentious) will
- The interpretation of wills or other testamentary instruments.
- Defaults in the administration of estates by personal representatives
- The replacement of personal representatives
- The pursuit or resistance of 1975 Act claims
He also advises and acts for the settlors, trustees and beneficiaries of inter vivos trusts in relation to their efficacy, meaning and implementation.
Professional Negligence
In this field Ben’s focus is on claims against solicitors conducting litigation and against legal and other professionals working in the property sector, in which he acts for both claimants and defendants. His recent work includes cases presenting particularly thorny issues of limitation and causation.
Insolvency and Restructuring
In the Insolvency and Companies Court, Ben acts for creditors and office-holders as well as individuals and companies facing or undergoing insolvency proceedings.
His experiences includes in particular issues arising out of the intersection of this field with property estate and commercial matters.
Direct Access
Ben is authorised to accept instructions directly from members of the public.
In suitable cases within any of his practice areas, Ben can provide advice in writing or in conference, and assist with the drafting of pre-action correspondence or statements of case.
Ben always encourages parties to obtain early, full advice on the merits of their (potential) claim or the (potential) claim against them, and in his experience this is where his early direct input can be particularly beneficial.
He encourages clients who are considering this route to contact Chambers and discuss their problem.
Cases
As part of a varied practice in the High Court, County Court (Chancery Business), First-tier Tribunal (Property Chamber; Residential and Land Registration divisions), Upper Tribunal and Court of Appeal, Ben appeared as successful sole counsel in the following cases:
Klosterkotter-Dit-Rawë v Greyclyde Investments Limited [2017] UKUT 289 (LC). Ben appeared for the successful Respondent, as he had at first instance in the First-tier Tribunal (Property Chamber), whose decision the Upper Tribunal upheld.
Davies v Davies [2016] EWCA Civ 1226. Ben appeared for the successful Respondent, as he had at trial in the High Court where his client succeeded in establishing a proprietary estoppel over certain agricultural land.
Judge Sykes Frixou v Bhabra [2016] EWCA Civ 381. Ben appeared for the successful Respondent, as he had at trial in the High Court where his clients obtained judgment for legal fees due under a guarantee, the Defendant having failed in his defence of set-off.
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