Philip Rainey QC > Tanfield Chambers > London, England > Lawyer Profile

Tanfield Chambers
Tanfield Chambers
2-5 WARWICK COURT
LONDON
WC1R 5DJ
England

Position

All aspects of commercial and residential property litigation (including social housing); also ADR and some mainstream commercial work. Particular expertise in leasehold enfranchisement, RTM and service charge disputes. Representative cases include: Edwards v Kumarasamy [2016] 3 WLR 310 (SC) (disrepair), Menelaou v Bank of Cyprus [2016] AC 176 (SC) (mortgages); R(Best) v Chief Land Registrar [2015] 2 P&CR 1 (CA) (judicial review, adverse possession); C&M v Kaymuu [2015] 2 P&CR 15 (CA) (overriding interests); Ninety Broomfield Road RTM v Triplerose [2015] HLR 29 (CA) (RTM); MP Kemp Ltd v Bullen Developments [2014] EWHC 2009 (Ch) (overage; expert determination); Daejan v Benson [2013] 1 WLR 854 (SC) (service charges); Cadogan v Sportelli [2010] 1 AC 226 (enfranchisement); Howard de Walden v Aggio [2009] 1 AC 39 (enfranchisement).

Publications:

(With other members of Tanfield Chambers) ‘Service Charges and Management’ (Sweet & Maxwell, 3rd ed 2013); Co-author: “Megarry’s Manual of the Law of Real Property” (9th ed 2014); Co­ author ‘Rent Review: A Surveyor’s Handbook’ (RICS, 2008).

Career

Qualified 1990; QC 2010; Head of Chambers 2013-date. Winner: Real Estate Junior of the Year – Chambers Bar Awards 2009; Barrister of the Year – Enfranchisement Awards 2009.

Memberships

Chancery Bar Association; Property Bar Association; Association of Leasehold Enfranchisement Practitioners; Chartered Institute of Arbitrators; Civil Procedure Rule Committee 2001-08.

Education

Kings School Tynemouth; University of Leicester (1986-89 LLB (Hons)).

Lawyer Rankings

London Bar > Property litigation

(Leading Silks) Ranked: Tier 1

Philip Rainey QCTanfield ChambersPhilip is an extremely good advocate. He has a very persuasive and effective style. He is very technical and breadth of his legal knowledge is extremely impressive. He finds solutions to very difficult issues particularly on complex enfranchisement matters.

Tanfield Chambers is a focused property set with strong expertise across residential landlord and tenant work, real property, and commercial real estate disputes, alongside specialist areas such as party walls. Head of chambers Philip Rainey QC and Ellodie Gibbons represented the landlord in Sequent Nominees Ltd (Formerly Rotrust Nominees Ltd) v Hautford Ltd before the Supreme Court, securing a ruling preventing a tenant from obtaining planning permission without the landlord’s permission. Another major case for Rainey QC was the successful in the Court of Appeal in enfranchisement case LM Homes v Queen Court Freehold Company Ltd, which also featured Carl Fain on the counsel team for the tenants. Kerry Bretherton QC is representing the hotel in Poste Hotels v Cousins, a High Court case relating to rights of way, arguing that the hotel owner had acquired by prescription a right of way over the cul-de-sac giving access to the laundry, which had been repeatedly blocked by the opponent’s car, which both parties have sought permission to appeal to the Court of Appeal. Christopher Heather QC continues to represent the restaurant chain in the Performance Retail (General Partner) Ltd v Wagamama Ltd case relating to interpretations of a lease agreement.