Ben McCosker Senior Consultant Solicitor Advocate

Ben McCosker is a Consultant Solicitor Advocate with Higher Rights accreditation, which he acquired in 2023. He was originally called to the Bar in 2009 and cross-qualified as a solicitor in 2013. Being a qualified solicitor advocate means Ben is able to provide court representation in all civil proceedings in England and Wales, in all courts up to and including the UK Supreme Court.

He has extensive experience in civil and commercial litigation, with particular expertise in property dispute resolution.

Throughout his career, Ben has worked in-house, in consultancy and at leading law firms. His experience spans high-value and complex commercial disputes, property litigation, public law and contract disputes, giving him a well-rounded and practical perspective when advising clients.

Areas of Expertise

Property Dispute Resolution (Commercial and Residential)

• Forfeiture and possession proceedings
• Breach of covenant claims
• Interpretation issues and declaratory relief
• Statutory and contractual notices
• Option agreement disputes
• Sale and purchase agreement disputes, including specific performance
• Development agreement disputes
• Terminal dilapidations claims
• Nuisance and trespass claims
• Adverse possession claims
• Boundary disputes
• Cohabitation disputes, including claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)
• Contested rent reviews
• Contested and uncontested lease renewal proceedings under the Landlord and Tenant Act 1954

Contract Dispute Resolution

• Breach of contract claims
• Interpretation issues and declaratory relief
• Sale and supply of goods and services disputes
• Statutory and contractual notices
• Contract formation disputes
• Quasi-contractual claims, including unjust enrichment

Privacy

• Misuse of private information claims
• GDPR-related claims

Public Law

• Judicial review proceedings
• Human Rights Act 1998 claims

Advocacy Services

Ben would accept instructions from solicitors and other legal professionals to conduct the advocacy on their matters in all manner of hearings within his practice areas, in the civil courts, from interim through to trial.

Other Dispute Resolution

• Enforcement of judgments
• Interim relief, including injunctions and declaratory relief
• Drafting, negotiating and advising on settlement agreements (non-employment)
• Debt recovery

Approach to work and clients

Ben is committed to continually developing his legal knowledge and delivering the highest standards of client care. He believes that thorough preparation and ongoing professional development enable him to provide clients with practical, effective legal advice.

He takes the time to understand each client's objectives, how the dispute affects them personally or commercially, and what a successful outcome looks like from their perspective. By combining this understanding with clear legal advice, Ben aims to deliver tailored, commercially sensible and cost-effective solutions.

Ben particularly enjoys helping clients resolve disputes in the most practical and cost-effective way possible. He recognises that litigation is rarely something clients want to face, so he takes great satisfaction in helping them achieve an outcome that allows them to move forward with confidence.

Career highlights

Ben has advised on a wide range of high-value and complex disputes throughout his career across both private practice and the public sector. His professional achievements and client testimonials reflect his breadth of experience and commitment to delivering excellent outcomes.

Outside of his legal practice, Ben speaks fluent German and has volunteered in church ministry for nearly 20 years.