Summer newsletter 2024

July 27, 2024

We started Q2 2024 by announcing that Andrew Butler KC had been appointed Joint Head of Chambers, alongside Philip Rainey KC. Since then, Tanfield has gone from strength to strength, including welcoming Elizabeth Fisher (2016) who joined us in June.

Events and Awards

That same month, Tanfield hosted its extremely successful, sell-out and Euro 2024 themed Property Conference, entitled “Protecting Your Client’s Investment: Must Know Developments in Property Law.” A copy of the programme can be found here.

In July, Tanfield itself was nominated in the Legal 500 Bar Awards shortlist for Property and Housing Set of the Year 2024. Philip Rainey KC and Michael Buckpitt were each nominated in the shortlists for Property and Housing Silk and Junior of the Year 2024 respectively.

Just days later, we were delighted to win Chambers of the Year 2024 at the Enfranchisement and Right to Manage Awards. Congratulations to Piers Harrison who won Barrister of the Year 2024, and Nicola Muir who was Highly Commended in the same category.

Of course, these successes stem from hard work being done throughout Chambers. This quarter has continued to see our members involved in a large number of high-profile and networthy cases (see below).

Recent Cases and Articles

Andrew Butler KC and Hugh Rowan acted for the claimants in Kulkarni v Gwent Holdings Ltd and another [2024] EWHC 1357, where Richard Farnhill (sitting as a Deputy Judge of the Chancery Division), in a marathon 509-paragraph judgement, addressed the meaning of each “material” and “persistent” breaches of contract, the relationship between these kinds of breaches and repudiatory breach, and whether a repudiatory breach is ever capable of remedy. Find out more on this case in their article.

In Triplark Limited v Whale and others [2024] EWHC 1440 (Ch), Christopher Heather KC succeeded for the tenants before Charles Morrison (sitting as a Deputy Judge of the High Court), who decided that where a landlord proposed to replace its communal heating and hot water system including new equipment that would fall within the tenants’ repair covenants (where the whole system previously fell within the landlord’s covenants only), this was not within the contemplation of the parties when the contemplation of the parties when the lease was entered into, so the proposed scheme of works did not fall within the scope of the landlord’s repairing covenants. You can find a copy of Christopher’s article on the case here.

Robert Bowker acted for the landlord in Di Bari and others v Avon Ground Rents Limited LON/00AP/HYI/2022/0017 in an application for a remediation order under section 124 of the Building Safety Act 2022, where he successfully argued that works to replace the timberwork comprised in demised balconies and roof terraces could not be included in the order. The Tribunal went on to adopt a balance of prejudice test in deciding whether an order was appropriate in respect of other works. You can read Robert’s article here. For other developments in Building Safety, please visit our Building Safety Act Hub here.

On the reform front, the Leasehold and Freehold Reform Act 2024 finally received Royal Assent of 24 May 2024, the last day of that Parliament. Once brought into effect, LAFRA is going to have a profound impact on the relationship between millions of present and furture landlords and tenants. You can find more articles and developments on our Leasehold and Freehold Reform Hub here includingPiers Harrison‘s overview to LAFRA.

It should be noted also that the new Agricultural Landlord and Tenant Code of Practice for England launched 8 April 2024. Whilst a voluntary scheme, Annie Higgo, in her May 2024 article on the new code predicts it is likely to affect the drafting for future Farm Business Tenancies. We shall have to see whether this intent bears our over the coming months and years.

You can find all of our recent articles posted on our website here.

Other News

Tanfield would like to thank everyone who sponsored its team for the London Legal Walk in June. Your backing meant we helped towards raising the £22.85M, which has been raised, so far, for the London Legal Support Trust, which we hope will go some way to helping those in need obtain better access to justice.

We thoroughly enjoyed taking part in the Bar Placement Scheme. In July we supported the Bar Placement Scheme by hosting two students for a week. The week was described as ‘not only been insightful but has further strengthened my passion for law and becoming a barrister’. This year’s Bar Placement Scheme has now ended, but you can find details about the scheme here.

Tanfield are pleased to be involved with the Bar Council’s support for the 10,000 Black Intern initiative by hosting three interns for two weeks at the end of July. The initiative aims to provide opportunities for young black people at the Bar of England and Wales. The interns are able to work in various chambers, giving them a chance to build their professional networks and experience a first-hand experience of the life at the Bar. Find out more here.