Summer Newsletter 2025

July 15, 2025

We are pleased to report that, as well enjoying the wonderful weather, the last few months have been very busy for everyone at Tanfield.

Recent Events

June Property Conference. We were delighted to see so many of our clients and other contacts at our June 2025 property conference chaired by Tim Polli KC. The conference gave us the opportunity to explore a number of important issues for property lawyers including escheat, informal equitable interests in land, the implications of A1 Properties v Tudor Studios, recent developments in mortgages and adverse possession as well as alerting people to the possibility of using Section 423 of the Insolvency Act 1986 to return misapplied assets. Everyone enjoyed the tennis theme, particularly the strawberries and cream at the end.

We are also pleased to report Tanfield’s success at The Apartment Adviser Awards – incorporating the ERMAs. We were honoured to be named Chambers of the Year for our work in the property market and in particular in relation to enfranchisement, the right to manage and our Building Safety Act 2022 work. Mark Loveday was Highly Commended in the Juniors over 10 years category and Ceri Edmonds was also Highly Commended in the Juniors under 10 years category.

Tanfield has been shortlisted for Legal 500 Bar Awards. We are shortlisted not only for Property Chambers of the Year but also Philip Rainey KC has been shortlisted for Property Silk of the Year and James Fieldsend has been shortlisted for Property Junior of the Year.

We are delighted to announce that barristers at Tanfield, together with a team of barristers at 39 Essex Chambers, have authored a practitioner’s text on the Building Safety Act 2022, entitled Dovar & Sawtell on The Building Safety Act to be published by Sweet & Maxwell on 29 August 2025. The book can be pre-ordered here.

And last, but not least, Julian Torres started his second six pupillage and is now available to take instructions.

Recent Cases

Marc Glover and Hugh Rowan were successful in the Court of Appeal in Mobile Telecommunications Company KSPC v HRH Prince Hussam bin Saud bin Abdulaziz al Saud [2025] EWHC 85 (Ch). You can read more about this decision here. The decision concerned to whether the English Courts had jurisdiction where the respondent had not had a place of residence in England and Wales for three years prior to presentation of a bankruptcy petition.

Philip Rainey KC, Marc Glover, Andrew Martin and Sami Allen appeared in the Supreme Court in Mitchell v Al Jaber, a case concerning breach of fiduciary duty, the calculation of equitable compensation and the exclusion of unpaid vendor’s liens.

On 8 July 2025, the Court of Appeal has handed down judgment in the conjoined cases of Adriatic Land 5 Ltd v The Long Leasehold Leaseholders at Hippersley Point and (1) SVDP & (2) Get Living Plc v Triathlon Homes LLP. Tim Polli KC was instructed in the latter for the management company and Mark Loveday and Hugh Rowan were instructed in the former for the leaseholders. A link to Tanfield’s article on the cases can be found here.

Carl Fain and Ceri Edmonds succeeded in the Upper Tribunal in the case of 56 Westbourne Terrace ([2025] UKUT 88 (LC). The case concerned the recovery of legal costs incurred by an RTM company in the context of the recovery of service charge arrears and the variation of leases under Section 35 of the Landlord and Tenant Act 1987. A link to Tanfield’s article on the case can be found here.

Chris Maynard acted for the Defendant in a highly unusual case in which a £2,000,000, harassment claim was defeated some 14 years after the events relied upon. A link to Tanfield’s article on the case can be found here.

Carl Fain and Hugh Rowan were mentioned on the Pro Bono Recognition List. This list recognises lawyers who undertook 25 hours or more legal pro bono work in the preceding year.

Articles

We hope the following articles will be of interest to you:

Andrew Butler KC has written an article discussing the impact of the Terrorism (Protection of Premises) Act 2025 on the wider Property industry. The article is available to subscribers to LexisNexis here.

Hugh Rowan has written a detailed article of the recent decision in URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21, a case which has wide implications in relation to construction law, negligence, pure economic loss, retrospectivity and contribution. A link to it can be found here.

Sam Madge-Wyld has written an article exploring whether there is an implied term not to use premises for any illegal purpose. A link to that article can be found here.

Sam Madge-Wyld and Sami Allen have written an article exploring Waller-Edwards v One Savings Bank Plc [2025] UKSC 22, which is a significant case for lenders dealing with non-commercial transactions. The link can be found here.

Sami Allen has also penned an article which considers BDW Trading Limited v Ardmore Construction Limited & Ors [2025] EWHC 434 (TCC). The decision concerns information orders under Section 132 of the Building Safety Act 2022. You can read the article here.

Andrew Martin has written an interesting article concerning the interplay between the Land Registration Act 2002 and the doctrine of encroachment. The link can be found here.

Ceri Edmonds has written a very helpful article setting out the recent guidance given by the Upper Tribunal when seeking to vary lease pursuant to Section 35 of the Landlord and Tenant Act 1987. The link can be found here.

Daniel Dovar has written an article concerning Clapham v Narga and Others [2024] EWCA Civ 1388 in which the Court of Appeal held that Section 75 of the Land Registration Act 1925 did not apply where title to land had already been extinguished through adverse possession by the time of first registration. The link can be found here.

Tanfield Talks Podcast

Our podcast series continues and the following podcasts have been released since our last newsletter:

Upcoming Events – Building Safety Act Conference – 25th September 2025

Save the Date!

Tanfield’s next conference will be taking place on the 25th September 2025. The conference is entitled BSA Day III – The Pillars of Wisdom chaired by Andrew Butler KC. With case law rapidly accumulating, we will bring you up to date with all you need to know including the inside track on the Triathon/Hippersley Point decisions in the Court of Appeal, the Supreme Court decision in URS v BDW, and much more besides. Tickets are £150 + VAT and can be purchased here.

If you have any particular Building Safety Act topics you would like to be covered about at this conference, please do email us at events@tanfieldchambers.co.uk