Summer Newsletter 2026

July 14, 2026

Welcome to the summer 2026 edition of the Tanfield Chambers’ newsletter. We hope it finds you well.

Recent Events

Firstly, we are very pleased to say that Tanfield’s barristers continue to be recognised as leaders in their fields with Tanfield winning the Chambers of the Year Award at The Apartment Adviser Awards, James Fieldsend being given the Junior of the Year Award (over 10 years’ call) and Tim Polli KC receiving a nomination for Silk of the Year. It all made for a very enjoyable ceremony on 24 June 2026.

We are also delighted to have been shortlisted in three categories at the Legal 500 UK Bar Awards 2026. Philip Rainey KC has been nominated for Property and Housing Silk of the Year. Carl Fain has been nominated for Property and Housing Junior of the Year and Tanfield has been nominated for the Property and Housing Set of the Year. We very much look forward to seeing many of you at the awards on 22 September 2026.

Andrew Butler KC has been invited to speak at the International Malaysia Law Conference in October 2026. The IMLC is the flagship event of the Malaysian Bar and will take place between 27 – 30 October 2026 at the Malaysia International Trade and Exhibition Centre in Kuala Lumpur. The theme of this year’s event is “Maintaining Core Principles in a Time of Change”. Andrew has been asked to take part in a panel discussion on the topic: “Has the Time Come for Mandatory Mediation in Disputes?” on the final day of the Conference. Should any of our clients be attending the event, Andrew would be delighted to meet up.

Christy Burzio has been appointed Chair of the Independent Decision-making Body at the Bar Standards Board, and we congratulate her on this prestigious appointment.

Martin Young has been recognised for his commitment to pro-bono work by his inclusion in the Pro Bono Recognition List 2026.

On 13 May 2026 Andrew Mace spoke at the IPA Southampton Roadshow with Mike Pavitt FABRP of Paris Smith LLP and Mark Sands of Opus Business Advisory Group to present “A Brush with the Law- Navigating the need for legal advice as an Insolvency Practitioner”.

On 28 April 2026, Birgitta Meyer joined a panel with Juliet Schalker, Richard Clayman, and Robin Somerville at the 2nd Annual Shareholder & Securities Disputes Forum to explore the realities of small business disputes.

It has been a time of significant change in the landscape of property law over the last two years or so with the coming into force of the Renters’ Rights Act 2025 on 1 May 2026, the coming into force of some parts of the Leasehold and Freehold Reform Act 2024 with further parts to come into force in due course and the publication of the Commonhold and Leasehold Reform Bill in January 2026. Philip Rainey KC teamed up with Anna Favre and Christobel Smales of Cripps to explore the Bill in a three part webinar. A link to the webinar can be found here.

Dara Foody & Rhys Duncan commenced their second six of pupillage in March 2026 and are available for instructions.

On 9 June 2026, members of Tanfield joined thousands of other legal professionals by taking part in the 21st annual London Legal Walk in support of the London Legal Support Trust. In a departure from tradition, the team followed the picturesque River Route South, making the most of the sunshine along the way. This year’s Team Tanfield included: Philip Rainey KC, Thomas Dawson, Dara Foody, Walter Womersley, Gary Collins, Adam Marr and Lydia Benaicha.

Recent cases

Timothy Polli KC and Tim Hammond appeared for the successful appellant in the Court of Appeal in Ward v Donnellan [2026] EWCA Civ 729. In a rare successful appeal against an award of costs, their lordships found that the Judge below had erred in making no order for costs following the dismissal of a claim in which findings of dishonesty had been made against both Parties. It was held that the Judge below had departed too readily from the starting point that costs follow the event and had failed to take account of the fact that the claim had been fundamentally false, while the defendant’s dishonesty had related to one issue which was of limited relevance to the overall claim. A link to the decision can be found here.

Robyn Cunningham appeared for the successful respondent to an appeal before Trower J in Bennets Courtyard Limited v Bennets Courtyard Airspace Limited [2026] EWHC 1119 (Ch). This important decision concerns the identity of the reversioner for a collective enfranchisement pursuant to Chapter I of the Leasehold Reform, Housing and Urban Development Act 1993 during the “registration gap”. Trower J dismissed the appeal and found that the “person who owns the freehold” under the meaning of Schedule 1 of the 1993 Act was the registered proprietor on the HM Land Registry title at the date of service of the initial notice. A link to the decision can be found here.

Andrew Butler KC and Thomas Dawson appeared on behalf of Robert Ebert in an application for pre-action disclosure arising from litigation concerning a fatal road traffic accident in Hong Kong involving a Ferrari 458. The application seeks disclosure of documents relating to Ferrari’s knowledge of alleged braking system defects at the time of Mr Ebert’s criminal proceedings, following Ferrari’s 2022 product recall affecting a class of vehicles that included his. Ferrari has challenged the jurisdiction of the English court to order pre-action disclosure. The jurisdiction issue was heard before Mrs Justice O’Farrell, with judgment reserved.

Piers Harrison appeared for the successful respondent in Mountview Estates plc v W8 Property Ltd [2026] UKUT 196 (LC). In this case concerning valuation under the 1993 Act, the Upper Tribunal found that valuation assumptions should not import modernisation standards into “good tenantable repair”, a landlord cannot argue for a higher premium by assuming a condition better than that required by the lease covenants, that tenants cannot rely on their own disrepair for valuation purposes.

Christy Burzio appeared for the successful respondent in an appeal which will be of particular interest to practitioners dealing with fire safety risks in blocks which require wholesale works, in Holy v Brentford Lock Island Residents’ Association Limited [2026] UKUT 44 (LC). The case is significant as it clarifies the distinction between demised balcony surfaces and structural balcony components in residential leases, confirms that a management company may replace building elements wholesale, even where not all elements are in immediate disrepair, addresses fire safety and marketability considerations affecting residential developments following the Grenfell Tower tragedy, and provides structured guidance on analysing repair covenants using a five-stage approach. A link to the decision can be found here.

Articles and Books

Piers Harrison has co-authored the recently published Right to Manage: Law and Practice. The book was released on 15 June 2026. In this comprehensively updated edition, the Leasehold and Freehold Reform Act 2024 which impacts the cost regime and eligibility criteria for qualifying buildings is examined. This edition provides a practical, accessible guide to the whole statutory process. The book also includes coverage of significant recent cases such as: Avon Freeholds Ltd v Cresta Court E RTM Co Ltd [2025] EWCA Civ 1016 (on the validity of notices); FirstPort Property Services Ltd v Settlers Court RTM Company Ltd [2022] UKSC 27 1 (on the extent of property subject to the right to manage); and 56 Westbourne Terrace RTM Company Limited v Polturak [2025] UKUT 88 (LC) (Upper Tribunal exercising the jurisdiction to vary long leases under section 35(2)(e) of the Landlord and Tenant Act 1987, varying a lease to allow an RTM company to recover legal costs of service charge proceedings against defaulting leaseholders). If you wish to purchase the book, a link can be found here.

Andrew Mace has published an article discussing Adjudication Decisions as a basis for Building Liability Order and the Availability of Anticipatory BLOs in the context of Crest Nicholson Regeneration Ltd & Ors v Ardmore Construction Ltd & Ors [2026] EWHC 789 (TCC), which clarifies how adjudication decisions can found Building Liability Orders and the circumstances in which anticipatory BLOs may be granted under the Building Safety Act 2022. A link to the article is here.

Nicola Muir has written an article examining the Upper Tribunal’s decision in Deritend Investments (Birkdale) Ltd v Fung Tai Engineering Co Ltd [2025] UKUT 324 (LC) and its implications for lease extension valuation practice, including the averaging and weighting of comparable evidence, relativity, and valuation methodology under the 1993 Act. A link to the article is here .

Right to Manage companies are often responsible for maintaining buildings without the financial mechanisms needed to do so effectively. In a recent article, Nicola Muir examines how lease variation under the Landlord and Tenant Act 1987 can address those issues, with reference to the Upper Tribunal’s decisions in 56 Westbourne Terrace RTM Company Limited v Polturak [2025] UKUT 88 (LC) and Eastern Pyramid Group Corp SA v Spire House RTM Co Ltd [2025] UKUT 292 (LC). A link to the article can be found here.

Andrew Martin has written an article discussing the High Court decision in Pridewell Properties (London) Limited v Spirit Pub Company (Managed) Limited [2026] EWHC 953 (Ch), which provides important clarification for landlords opposing a new tenancy under section 30(1)(f) (ground (f)) of the Landlord and Tenant Act 1954. The Court clarified that, for the purposes of Ground F, the question is not whether the estimation of the length of the delay of redevelopment is reasonable, but whether, in light of the delay, the landlord could be said to intend to carry out the works “on the termination of the current tenancy”. A link to the article can be found here.

Andrew Martin has published a helpful article concerning the Renters’ Rights Act 2025, which has abolished assured shorthand tenancies and section 21 notices, and has introduced some new and some amended grounds for possession. A link to the article is here.

Tanfield Talks

Our podcast series continues. We have added two new episodes since our last newsletter.

Nicholas Isaac KC and Edward Denehan discuss the draft Commonhold and Leasehold Reform Bill 2026 and its potential implications across property law in England and Wales. They consider whether the reforms could meaningfully reshape the current leasehold system. Drawing on Edward’s analysis, the conversation examines the extent to which commonhold may emerge as a viable alternative, as well as the practical and legal challenges that may arise if the proposals are implemented.
Nicholas Isaac KC and Sami Allan examine injunctive relief following Titan Wealth Holdings Ltd v Okunola [2026] EWCA Civ 138. The discussion considers the Court’s approach to granting injunctive relief in unusual circumstances, drawing on key authorities to set out the principles at play.