Ben Sidgwick

Ben deals with consumer and contract litigation, property and land disputes, residential landlord and tenant disputes, professional negligence actions and defamation.

Ben also acts for claimant and defendant clients in a full range of contentious Trust and Probate matters including those relating to the validity of Wills, claims under the Inheritance (Provision for Family and Dependants) Act 1975, problem executors, associated negligence claims, difficulties arising out of the sale of property within an estate and equitable claims including proprietary estoppel.

Notable Disputes cases

• Inheritance Act Claim
  

  Ben resolved a high value Inheritance Act Claim for an adult claimant securing a significant settlement for the client at mediation after the issue of court proceedings.

• Complex Boundary Dispute
  

  Ben dealt with a complex property dispute concerning a disputed boundary, trespass and nuisance issues resolved after the issue of court proceedings following an on-site without prejudice meeting.

• Defamation
  

  Ben dealt with a defamation claim for an individual claimant against a large organisation securing a formal apology (which was circulated and published in the press), a significant settlement sum, and a payment to cover the client’s costs and expenses.

• Property Dispute
  

  Ben resolved a difficult property dispute concerning lack of access to the client’s property by way of negotiating a replacement route of access with a neighbouring owner and recovering the clients’ costs and expenses from their conveyancers by way of a professional negligence claim.

• Will
  

  Ben dealt with a case for executor clients in a case where the doctrine of ademption would apply under the provisions of the Will making an application to the Chancery Division of the High Court under CPR Part 64 for a declaration to protect the executors’ position on final distribution.

• Right Of Way Dispute
  

  Ben secured a positive outcome for clients in a claim for a prescriptive right of way concluded by Order from the First-Tier Tribunal (Property Chamber).

• Adverse Possession & Trespass
  

  Ben secured title to an area of land for the clients and recovery of their costs from their conveyancers, which also involved successfully concluding an adverse possession claim and securing an injunction to prevent trespass and demolition works.