Ben Chataway

Profile

Ben specialises in housing and social welfare, community care and public law. He can provide expert advice and representation across a wide range of public and property law issues, from cutting edge human rights actions to secure assistance for the most vulnerable clients to complex land law disputes. Having worked for many years as a solicitor he has a thorough understanding of the pressures of a solicitor's practice, of public funding issues and procedures, and of costs. He combines specialist expertise with a pragmatic and client-focused approach. He is accessible and happy to give advice informally where possible.

Ben studied at Cambridge before undertaking pupillage at a leading company law set. Instead of pursuing a career at the commercial bar he re-qualified, and spent 13 years as a solicitor and partner in a leading legal aid firm. He returned to the bar in 2010. He sits regularly as a Tribunal Judge.

Housing and Social Welfare

Ben has extensive experience as a housing lawyer. His areas of expertise include homelessness disputes, allocations, other judicial reviews, possession proceedings (from rent arrears to human rights defences), antisocial behaviour, succession, leasehold disputes, claims for housing disrepair, and unlawful eviction. He sits regularly hearing welfare benefits appeals.

He has developed a special interest and expertise in acting for asylum seekers and other persons from abroad seeking welfare support, whether from NASS or local authorities. He can assist across a range of issues relating to migrant welfare, including dispersal, support for overstayers, unaccompanied minors, age disputes, and community care issues.

Community Care and Health

Ben acts frequently for vulnerable children and their families, and for vulnerable adults in need of community care services. He can provide specialist advice and representation with regards to the rights of "looked after" children, homeless children and their families, inter-authority disputes, and rights under the leaving care provisions.

Administrative and Public Law

Public and administrative law is central to Ben's practice. While his public law work is focused mainly on the social welfare field, including housing, welfare benefits and community care, he can assist across the range of public law issues.

Ben has a particular interest in legal aid/funding issues. In R(Law Society) v Legal Services Commission ~~[2010] EWHC 2550 (Admin) he~~ acted as junior (led by Nicholas Bowen QC of Chambers) to intervene in the Law Society's challenge to the Legal Service Commission's tender for family law services. In R(Public Interest Lawyers Ltd) v Legal Services Commission ~~[2010] EWHC 3259 (Admin),~~ led by Paul Bowen of Chambers, he assisted in obtaining a protective costs order in respect of a similar challenge. He has represented firms successfully in proceedings before the LSC contracts review board.

Land and Property

In addition to his housing work, Ben has expertise in dealing with wider issues of property law. Examples of recent cases include defending a claim for possession of a georgian mansion based on constructive trust/proprietary estoppel, defending possession from a mortgagee based on forged signature of a mortgage deed, acting in a claim before the Leasehold Valuation Tribunal for a rent repayment order, acting for the Official Solicitor to oppose an application for an order for sale by a trustee in bankruptcy, and defending a claim for removal or disposal of a houseboat under British Waterways Act 1981.