Ben Doyle

Since joining Chambers in May 2018, Ben has developed a busy practice across a broad range of civil and commercial work, with a particular focus on property and commercial law.

Ben accepts instructions for advice, drafting and advocacy at all stages of the litigation process. Ben has extensive courtroom experience and has attended over three thousand hearings across a wide range of civil litigation.

Before embarking on his legal career, Ben co-founded an award-winning start-up company in Switzerland. He believes that his experiences in the business world help him to approach cases in a commercial way and to give practical advice.

Ben is friendly and approachable and can explain complex legal matters in simple terms. He is happy to have a chat about a case before accepting formal instructions.

Ben is authorised to accept instructions directly from lay clients, under the Bar Council’s direct public access scheme.

Further information

Qualifications

University of Cambridge: MA (Hons)
University of Sussex: Graduate Diploma in Law (Distinction)
BPP Law School: Bar Professional Training Course (Very Competent, 84%)
McMahon Studentship, St John’s College (Cambridge)

Memberships

Chancery Bar Association
Contentious Trusts Association (ConTrA)
Property Bar Association
COMBAR

Recent Testimonials

Just to say thank you for your excellent work last week. The result was perfect and much to do with your case presentation and legal argument.
Thanks for this and your help today. I spoke with the client and he was very pleased with the result.
Thanks Ben, that’s brilliant.
Thank you again for this brilliant result.
Thanks Ben – great outcome.
This is fantastic news, well done. I’ve just spoken to [the client] and he is delighted.
Brilliant – thanks Ben. Really grateful for your work on this, and for such a quick attendance note.
Thank you for the update. Great outcome for us.
That’s brilliant Ben, many thanks for your efforts.
Excellent result, thanks very much Ben.
Brilliant result, many thanks for your assistance.
This is a brilliant outcome, thank you very much for your assistance here!
Fantastic! Thanks Ben.
Many thanks, great outcome.
Great result Ben, thank you!
Great outcome. Thank you Ben!
Brilliant. Thank you for stepping into the breach at the last moment.
Brilliant result and well done! Thank you so much for your assistance in this matter.
That’s great news – thank you for attending.
Hi Ben, the advice was great. Thanks.

Interests

Ben’s main interests are good food and drink, sport (especially football, cricket and tennis), travel and walking his dog in the country. He is an enthusiastic cook and enjoys baking sourdough bread and pizzas.

Property

Ben regularly acts for landlords in residential and commercial landlord and tenant cases including assured, secured, non-secured, regulated and non-regulated tenancies, involving issues such as validity and service of notices, compliance with prescribed requirements, deposit protection, disrepair and dilapidations and leasehold disputes (including in the First-Tier Tribunal) involving reasonableness of service charges, breach and extension of lease and forfeiture and waiver. Ben is also experienced in mortgage possession cases and urgent trespass cases (including in the High Court).

In addition Ben regularly acts in neighbour disputes in the county court and First-Tier Tribunal involving trespass, nuisance, disputed boundaries, adverse possession, covenants and easements and land registration.

Ben also advises and acts on appeals under the Party Wall etc. Act 1996 and is regularly instructed to recover surveyors’ fees in the Magistrates’ Court and the County Court. Ben also has experience in dealing with TOLATA matters.

Ben is a member of the Property Bar Association (PBA).

Examples of recent work

Ben represented the successful landlord on appeal of a possession order. The appeal court considered that the provision of services by a tenant (of no quantified monetary value) as consideration for accommodation under a tenancy agreement did not constitute ‘rent’ for the purposes of the Housing Act 1988 and accordingly the tenancy was excluded from being an assured tenancy.
Ben acted for the tenant in a claim for permission to take proceedings for the enforcement of a right of re-entry by reason of breaches of leasehold repairing covenants pursuant to the Leasehold Property (Repairs) Act 1938. Ben successfully argued that the landlord’s only evidence was quasi-expert evidence which was not Part 35 compliant and for which no permission had been given and accordingly the landlord could not prove its case and the claim ought to be dismissed.
Ben represented the freehold owners of a residential property at trial in a boundary dispute. The judge accepted Ben’s argument that although the properties appeared to share a common boundary, in actual fact they did not, and accordingly the other side’s claim in trespass was doomed to fail. Ben attended a site visit with opposing counsel and the parties and managed to negotiate a mutually agreeable settlement of the dispute.
Ben advised the management company of a block of flats in relation to whether replacement of windows falls under the leasehold repairing covenants and various other procedural matters.
Ben advised the prospective purchasers of a high value residential property in relation to whether their purchase of the property pursuant to an order for sale could be unravelled, including in relation to the doctrine of overreaching.
Ben attended an appeal of a possession order on behalf of the successful landlord. The appeal was dismissed.
Ben represented a successful landlord at a fast track trial.
Ben advised and drafted the applicant’s statement of case in an adverse possession/boundary dispute case in the First-tier Tribunal.
Ben drafted pleadings and represented the claimant landlord at trial in an unusual section 8 possession case involving a disputed oral tenancy and allegations of separate agreements in relation to payments of rent and council tax/utilities meaning that there were no rent arrears. Ben was successful on every point at trial.
Ben drafted pleadings on behalf of a local authority in an unusual case involving allegations of social housing fraud. Ben successfully represented the landlord at a CPR 55.8 summary hearing and obtained a possession order.
Ben successfully obtained set aside of a historic section 21 possession order, had the claim struck out and obtained an indemnity costs award on the basis that the landlord had failed to comply with several mandatory statutory requirements and was unable to prove its case.
Ben drafted pleadings on behalf of various landlords in landlord and tenant cases involving disrepair.
Ben successfully acted for the applicant in a boundary dispute in the Property Chamber of the First-Tier Tribunal via the direct access scheme and then successfully represented the same client on appeal in the Upper Tribunal.
Ben acted for executors of an estate in TOLATA proceedings and successfully obtained an order for sale.
Ben drafted pleadings in a high value mortgage possession claim.
Ben advised on a neighbour dispute involving breach of covenant, easements, trespass and nuisance via the public access scheme.
Ben drafted pleadings on a neighbour dispute involving trespass, nuisance, return of deposit, unjust enrichment and proprietary estoppel/constructive trust.
Ben successfully represented the claimant and obtained declaratory relief in a fractious neighbour dispute via the public access scheme.
Ben advised on a disrepair claim and drafted pleadings.
Ben obtained judgment and costs in a long-running service charge dispute.
Ben acted for the landlord in a case involving a service charge dispute and appointment of a manager.
Ben advised on a hoarding dispute and represented the landlord in a mediation.
Ben acted in a complex party wall appeal in the TCC division.
Ben obtained possession for a commercial landlord in contested forfeiture proceedings.