Ben McCormack

"praised for his 'thoroughness and depth of housing law knowledge'."

Chambers & Partners 2011

"an important figure in public law in the North"

Chambers & Partners 2010

"...impressed solicitors with his 'ability to relate well to clients', his 'effective advocacy' and 'thorough preparation'..."

Chambers & Partners 2008

Practice

Housing law
All aspects – in particular homelessness, allocations, possession proceedings, unlawful evictions, housing benefit disputes and discrimination cases. Ben is regularly instructed to act in cases in which the Official Solicitor is involved.

Public law
Substantial experience of bringing public law challenges including emergency injunction applications for interim relief in housing and community care cases, enforcement of interim/substantial housing duties, challenges to allocation schemes, cases under the Children Act 1989 and asylum support disputes. In addition to his Administrative Court work Ben regularly appears in statutory homelessness appeals in the county court.

Community care and mental health
Experienced in all aspects including challenges to assessments and content of care plans, accommodation in care homes and closure thereof, charging for services, guardianship proceedings, and applications to the Court of Protection. Ben has particular experience in cases involving the overlap between community care, housing and asylum support.

Discrimination
Ben has wide experience of handling discrimination cases in connection with goods and services, housing and welfare benefits, as well as in relation to the enforcement of the positive equality duties.

Welfare benefits
Ben has experience of appearing before tribunals in benefit cases and in advising on a wide range of cases regarding social security entitlement.

Notable cases

Places for People v Sharples [2011] EWCA Civ 813 – County Court is not prevented from ordering possession on rent arrears grounds against a bankrupt tenant by reason of s285(3) Insolvency Act 1986. > judgment

Beedles v Guinness Northern Counties Ltd [2011] EWCA Civ 442 - Appeal to the CA following judgment in Beedles v Guinness Northern Counties Housing Association (2010) Manchester High Court (QBD) – disabled tenant not entitled to require landlord to carry out internal redecorating pursuant to “reasonable adjustment” duties s23C Disability Discrimination Act 1995 > judgment .

IB v Birmingham City Council (HB) v Secretary of State for Work and Pensions with the EHRC intervening [2011] UKUT 23 (AAC) (13 January 2011) - whether provision of Housing Benefit regulations discriminatory within meaning of Art. 14. Instructed by EHRC. > judgment

Sheffield CC v Wall and Others [2010] EWCA Civ 922; The Times Law Reports 9/9/10 - Succession to secure tenancies > news story and judgment

Eastlands Homes v Whyte [2010] EWHC 695 (QBD) HHJ Holman - Starter tenancies and public law defences > news story and judgment

R (Halewood) v West Lancs DC (2009) - Capacity to make a homelessness application

Sheffield City Council v Fletcher (2007) HLR 26 - Postponement and setting aside of possession orders

Recommendations

Leading junior in Social Housing : Northern (2011) "At the same set Ben McCormack has been particularly busy with homelessness appeals and judicial review cases. He is praised for his "thoroughness and depth of housing law knowledge." (Chambers & Partners 2011) more

Leading junior in Administrative and Public Law : Northern (2011) "Also at this set, Ben McCormack ...[has] substantial experience in public law challenges against public bodies in the North ...” (Chambers & Partners 2011) more

Leading junior in Social Housing : Northern (2010) "Former solicitor Ben McCormack is an important figure in public law in the North and has a lot of experience within the social housing world." (Chambers & Partners 2010) more

Leading junior in Social Housing : Northern (2009) "Also at Garden Court, former solicitor Ben McCormack moves up the rankings this year. Solicitors are particularly appreciative of his ability to turn work around quickly." (Chambers & Partners 2009) more

Up and coming in Social Housing : Northern (2008) "An up-and-coming presence at the set, Ben McCormack has impressed solicitors with his 'ability to relate well to clients,' his 'effective advocacy' and 'thorough preparation'." (Chambers & Partners 2008)

Articles and media comment

> 22.10.10 - Disability Equality Duty Considered by the Court (Pieretti) - LexisWeb.co.uk

Other Activities

A member of the Equality and Human Rights Commission's (EHRC) Preferred Counsel Panel > more

Committeee member of the Northern Administrative Law Association (NALA)

Delivered comprehensive training to EHRC (Equalities and Human Rights Commission) on conducting Judicial Review proceedings (2008) and on discrimination claims in the County Court (2009)

Professional Associations

Northwest Housing Law Practioners Group

NALA

Legal Action Group

Background and personal profile

Formerly a solicitor (admitted 1999) specialising in housing law. Duty advisor in several County Courts across Greater Manchester through practice as solicitor.

In December 2008, Ben was a finalist in the “Young Legal Aid Barrister” category in the Legal Aid Lawyer of the Year Awards 2008 > more

Languages

French.