Ben is a senior associate in the firm’s property and infrastructure disputes team. He has over 8 years’ experience in commercial dispute resolution work, with a focus on real estate litigation and a specialism in telecoms disputes under the Electronic Communications Code.
Ben combines his strong technical skills with his passionate commitment to client care to provide commercially focused advice and assist our clients with resolving their disputes. Ben’s advocacy work ranges from appearing in the Lands Tribunal for Scotland to representing his clients in the Sheriff Court and working in a team to resolve high-value and complex disputes in the Court of Session.
Ben is also experienced in resolving disputes by mediation and other forms of alternative dispute resolution.
Real Estate
Advising a national housing developer in a complex multi-million-pound dispute with its vendor regarding the construction of a district heating network.
Advising a major UK utilities provider in a significant service charge claim in the Court of Session relating to the repair and improvement of dilapidated common parts at the end of our client’s lease.
Advising a social landlord on title conditions for a key regeneration development. This was a multi-million-pound project that was significant to our client, with complex issues to navigate to reach a successful outcome.
Advising multiple institutional landlords on the day-to-day management of their significant commercial portfolios across Scotland, including advising on issues ranging from debt recovery to the removal of unlawful occupiers and enforcement of keep-open clauses.
Advising a Scottish University on its right to abate rent and service charge following a major flood disrupting the University’s business operations.
Telecommunications
Advising a global telecommunications operator on obtaining emergency orders in the Court of Session to allow our client to secure urgent access to their mast site that was being unlawfully restricted.
Advising site providers on termination of telecommunications agreements and litigating in the Lands Tribunal of Scotland to allow our clients to remove apparatus and redevelop their sites.
Advising global telecommunications operators and their agents on a range of issues relating to renewal of Electronic Communications Code rights in respect of existing telecoms mast sites, and acquisition of such rights in respect of new sites.
Advising telecoms operators on a large termination project, involving exiting a portfolio of over 400 leases/licences throughout the UK.
Construction
Advising a global institutional landlord in two connected and long-running Court of Session disputes with a cumulative value of more than £25M, regarding latent construction defects, professional negligence, short negative prescription and contractual limitation.
Advising a leading UK housebuilder on resolution via mediation of a long running dispute with their customers about defects in a new build home.
Advising a contractor in relation to a defects claim in the Court of Session relating to the design and construction of fish passes.
Commercial disputes
Resolving at mediation a long-running and complex Court of Session dispute involving a commercial contract for provision of PV panels on numerous local authority-owned buildings.
Obtaining emergency orders from the Court of Session and Sheriff Courts for a variety of clients, for example, to remove unlawful occupiers, prevent confidential data being processed, prevent unlawful protests and strikes, prevent water ingress and prevent the unlawful deletion of evidence.
