Ben Leb

Ben Leb

Called: 2015

Practice Profile

Ben joined chambers, following a general commercial law pupillage at a specialist commercial set in London. Before pupillage, Ben worked for a national firm of solicitors where he attended over 500 civil and commercial law hearings in the County Court.

 

Prior to being called to the Bar, Ben has held academic positions at various universities researching in public and administrative law. His research has contributed to the first report by the European Parliament on mutual legal assistance.

 

Ben enjoys a varied and eventful civil practice, and has specific expertise in Chancery and Property Law.

 

Ben accepts instructions on direct Public Access basis.

Chancery
Ben has experience in drafting and advising at all stages of litigation including pre-action and enforcement. Ben’s experience includes the following:

  • Contentious probate and disputes arising out of wills and testamentary dispositions
  • Disputes involving trusts (including breaches of trust, removal of trustees and tracing against trustees)
  • Disputes arising out of loans and financial instruments (including consumer credit and other forms of regulated and unregulated lending)

 

Real Property and Landlord and Tenant
Having appeared in hundreds of property related hearings, including those concerning technical defences. Ben is able to assist in variety of areas concerning land. Ben has experience in drafting pleadings and advices in property related claims involving significant technical detail. Ben can therefore assist with the following;

 

  • Mortgage disputes including technical defences
  • Residential Landlord and Tenant
  • Claims for disrepair
  • Leasehold litigation (including but not limited to determination of service charges, right to manage, lease variations and leasehold enfranchisement)
  • Boundary disputes (including matters where allegations of harassment or nuisance are raised)
  • Applications under the Party Wall etc. Act 1996
  • Applications under the Access to Neighbouring Land Act 1992
  • Applications for orders for Sale
  • Trespass
  • Housing (including cases where there are allegations of anti-social behaviour)
  • Litigation concerning rentcharges and estate rentcharges

 

Personal Injury & Credit Hire
Ben has experience of cases involving road traffic accidents, employer’s liability and public liability. He regularly appears in interim and final hearings on all tracks. Ben also has a thriving papers practice and can be instructed to draft pleadings, advices and schedule of losses. He also has experience in personal injury claims involving allegations of fraud.

Ben is also frequently instructed in claims against public bodies such as prisons and is seeking to expand his practice to appear in inquests.

Commercial & Insolvency
Ben has a wide range of expertise at assisting and advising clients at all stages of commercial litigation. Ben’s commercial and insolvency practice follows his general property practice in that he has recently been instructed in business disputes arising out property transactions. He has experience in:

  • Contract claims
  • Consumer credit
  • Personal and Corporate Insolvency

Other
Owing to Ben’s long standing academic interest in public and administrative law, Ben is able to assist in claims involving public bodies and is often instructed in private law claims against public bodies as well as inquests.

MM v AR and AM (High Court of Justice, Chd)

Currently instructed as a sole counsel in an ongoing cross-border inheritance dispute involving allegations of misrepresentation.

 

Knight and Knight v Southern Pacific Mortgages and Hicken and Wood (Trustees in Bankruptcy) (High Court of Justice, Chd, App List)

Successfully acted for the first respondent in resisting on the applicant’s urgent application for stay of execution of a warrant and determination of her equitable interest in the property.

 

Will Trust of C v Springer (Thanet County Court)

Advised and appeared for the claimant trustees in their successful claim for trespass to land against the defendant who defended the claim on the basis of proprietary estoppel. Ben also successfully obtained summary judgment in respect of the defendant’s defence under the Equality Act 2010

 

Maurice Laurent Ltd v Adams (Clerkenwell and Shoreditch County Court)

Successfully represented the claimant at trial, ultimately defeating allegations of disrepair and arguments that the lease contained unenforceable penalty clauses.

 

The Will Trust of J

Settled a determinative advice, which all parties agreed to bound by on the disputed construction of a ‘life interest’ clause in a will.

 

  • English
  • Hungarian
  • German
  • Platinum Award (University of Law)
  • Petit Bursary (The University of Birmingham)
  • Sir Christopher Benson Scholarship (Middle Temple)
  • University of East Anglia Law School Award for Exceptional Achievement
  • UK Environmental Law Association National Mooting Competition: First Place
  • UEA Senior Mooting Competition: First Place
  • UEA Negotiation Competition: First Place
  • University of Law – Bar Professional Training Course
  • The University of Birmingham – LLM in International Law
  • University of East Anglia – LLB in Law
  • PIBA – Personal Injury Bar Association
  • CHBA – Chancery Bar Association
  • Attorney General’s ‘Junior Junior’ Panel member 

When Ben is not trying to play golf (badly), he follows the changing fortunes of his beloved Fulham FC.

Ben Leb – Stour Chambers, 8 Vernon Place, Canterbury, CT1 3HG

 

My registration number is: ZA132103

 

Client personal data processed

 

I collect and process both personal data and special categories of personal data as defined in the GDPR. I may process the following client personal data:

  • Name
  • Date of Birth
  • Address
  • Phone number
  • Email address
  • Identification Data such as Passport or Driver’s License details.
  • Bank account details
  • Data relating to the legal matter for which I am providing services to you
  • Location details
  • Financial Information, Medical records, Criminal records

 

How I will use your personal data

 

All the information that I hold about you is provided to or gathered in the course of your case and/or proceedings.

The lawful basis’ identified for processing your data is your consent, processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, compliance with my legal obligations as a barrister regulated by the Bar Standards Board.

 

Your personal data is required in order for me to provide you with representation.  If you do not provide me with the required personal data, I may not be able to represent you.

 

Your data may be used to:

  • Provide legal advice and representation
  • To ensure that I do not enter into any other contracts or agreements which may create a conflict of interests between the duties I owe to you and to another person
  • Assist in training pupils and mini-pupils
  • Investigate and address your concerns
  • Investigate or address legal proceedings or complaints relating to your use of my services/products, or as otherwise allowed by applicable law
  • Provide information as required by the Bar Standards Board, my indemnity insurers and HM Revenue and Customs

 

Sharing of Data

 

I may share your data with

  • My Chambers management and staff who provide administrative services
  • Instructing solicitors
  • Pupil or mini pupil, under my training
  • Opposing Counsel, for the purposes of resolving the case
  • My regulator or legal advisors in the event of a dispute or other legal matter
  • Law enforcement officials, government authorities, or other third parties to meet my legal obligations
  • Any other party where I ask you and you consent to the sharing

 

How long I keep your personal data for:

 

Your personal data is held by me for as long as I represent you and in chambers in accordance with chambers’ data retention policy.

 

Any personal data that is emailed to me will be kept on chambers’ email systems in line with its email retention period.

 

Transfer of your personal data outside of the European Economic Area

 

I confirm that I do not normally transfer your personal data outside of the European Economic Area (EEA). In the event that personal data does need to be transferred outside of the EEA then I will ensure the necessary safeguards are in place as required under the GDPR. 

 

Your rights as a data subject:

 

The General Data Protection Regulation provides data subjects certain rights relating to the processing of their personal data.  Given the nature of personal data processed by me, and the lawful basis I have identified for doing so you have the following rights:

 

You may request access to the personal data I process concerning you through making a subject access request (SAR).

 

You may request rectification of the personal data I process concerning you where it is incomplete or inaccurate.

 

You may request, subject to certain criteria, the erasure of the personal data I process concerning you.

 

You may request that I restrict the processing of personal data concerning you.  Restriction means that I will only store the personal data and not further process it.

 

You have the right to data portability whereby I will provide you (or another data controller where technically feasible) your personal data in a structured, commonly used and machine-readable format.

 

You can make a request expressing your rights by contacting me at the details provided above.

 

Lodging a complaint with the Information Commissioner’s Office

 

If you feel that your personal data has been, or is being, processed in an inappropriate manner; or you feel that your rights, as described above have been infringed, you may lodge a complaint with the Information Commissioner’s Office (ICO).  The ICO is the UK’s supervisory authority regarding data protection matters and has a responsibility to act on complaints made to it.  You may lodge a complaint by visiting the website below or calling the ICO’s helpline on 0303 123 1113.

 

https://ico.org.uk/concerns/

This set comes recommended for its members' expertise in children and matrimonial finance matters. The children cases range across both public and private law work, and include those concerning non-accidental injury, sexual abuse and fabricated illness. On the financial side, the set's barristers demonstrate the ability to act in substantial financial remedies cases as well as Schedule 1 and TOLATA matters.

~ Chambers UK Bar Guide 2020

Stour Chambers has 'a range of barristers at different levels suited for different cases'. Members continue to be instructed in complex multi-day cases in the public law space, where it provides 'expert counsel' across Kent and further afield involving non-accidental injury, sexual abuse and extreme neglect. On the family finance front, Elizabeth Spence is a go-to barrister for high-value cases with issues of minority shareholdings and opponents deploying hostile litigation tactics.

~ Legal 500 Bar Guide 2021

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