Winter Newsletter 2025

December 16, 2025

Welcome to the winter 2025 edition of Tanfield Chambers’ newsletter.

Recent Events

We are delighted to report that Philip Rainey KC won Real Estate Silk of the Year at the 2025 Chambers UK Bar Awards. This award follows swiftly on from the award of the Legal 500’s Property Silk of the Year this year and from being ranked as a Star Individual by Chambers & Partners. We are sure you will join us in congratulating Philip on these recognitions.

Chambers is pleased to announce that it has once again been ranked as a leading set for Real Estate Litigation in Chambers & Partners, with one interviewee noting that, “the barristers demonstrate excellent attention to detail and a highly practical, solutions-focused approach”.

Christopher Heather KC and Ceri Edmonds spoke at the Property Law Association’s Training Day on 12 November 2025 in a presentation entitled, The Right to Manage Explained in what was a well-attended and interesting event.

We are pleased to announce that Christy Burzio has been appointed Vice Chair of Bar Standards Board Independent Decision-making Body, emphasising her and indeed Chambers’ commitment to the proper and independent regulation of the Bar.

Members of Tanfield presented seminars at the ALEP Conference on 15 October. Mark Loveday and Robyn Cunningham addressed the human rights challenges posed by LAFRA; Piers Harrison delivered a timely case update on “What is a Building?” and related developments; and James Fieldsend presented Hague House: A Conversion to Commonhold.

Andrew Butler KC and Hugh Rowan gave an ‘online classroom’ seminar at The Law Society to provide a Building Safety Act 2022 update.

Annie Higgo spoke at the IQ Legal Training Conference in Exeter on 24 November 2025, in a session entitled, The Landlord and Tenant Act 1954: 2025 Updates on Proposed Reforms and Case Law.

Martin Young has provided a webinar to LexisNexis discussing whether rent charges have changed and offering practical tips in this area. A link to the webinar can be found here.

Chambers took part in the London Legal Support Trust Great Legal Bake 2025. This event formed part of Pro Bono Week 2025. Members of Chambers produced a range of baked goods of a surprisingly saleable quality to raise funds to facilitate access to justice for the more vulnerable members of society.

Recent Cases

Philip Rainey KC, Marc Glover, Andrew Martin and Sami Allan appeared in the recent Supreme Court decision on equitable compensation and vendor’s liens, namely Mitchell v Al Jaber [2025] UKSC 43. Judgment was handed down on 24 November 2025. The decision largely concerns that date at which loss should be assessed in claims concerning the dissipation of shares. An article discussing the case can be read here.

As referred to in the autumn edition of this newsletter Mark Loveday, James Fieldsend and Robyn Cunningham all appeared in the landmark judicial review of the Leasehold and Freehold Reform Act 2024, namely R v Secretary of State ex parte ARC & Ors [2025] EWHC 2751 (Admin). This is a hugely significant case which concerns whether the provisions of the 2024 Act which reduce the price payable in relation to the enfranchisement of land are lawful. Judgment has been handed down and the Court found that each of the provisions of the 2024 Act challenged by the Claimants is compatible with Article 1 of Protocol 1 of the European Convention on Human Rights.

Andrew Butler KC and Hugh Rowan appeared in the Court of Appeal in a decision on damages in defective premises claims, namely Wilson -v- HB (SWA) Ltd. [2025] EWCA Civ 1360. The decision sets out the principles to be applied when assessing damages in a defective premises claim. The judgment also clarifies that a schedule of loss ought not to go beyond the scope of a party’s pleadings.

Judgment has been handed down by the High Court in Plantation Wharf Management Ltd & Ors v Brady v Ors [2025] EWHC 2938 (Ch), a company law case involving the well-known mixed use riverside development of Plantation Wharf in Battersea, London, in which Marc Glover, Thomas Dawson and Sami Allan appeared for the 1^st to 4^th Respondents. The judgment serves as an interesting summary of the law relating to director retirement by rotation provisions in a company’s articles of association, as well as the duty of directors in relation to calling a general meeting following the receipt of a members’ requisition notice under s.303 of the Companies Act 2006; two issues on which the Court favoured the 1^st to 4th Respondents’ arguments.

Articles & Books

Dovar & Sawtell on The Building Safety Act is now available to purchase from Sweet & Maxwell. The book, which is the only comprehensive text in this new and complex area of law, can be purchased here. The property sections of the book have been compiled by Tanfield members under editor, Daniel Dovar.

Graham Callard has updated Halsbury’s Laws of England – Taxation (vols 99 & 99A), in his capacity as Consultant Editor. This work comprises 933 pages and covers income tax, corporation tax capital gains tax, VAT, inheritance tax and stamp taxes. As this is an annual publication, Graham has also agreed to undertake the 2026 update, scheduled for publication in June 2026, so do watch this space!

Edward Denehan has written an article in the Estates Gazette concerning Cooper v Ludgate House Ltd; Powell and another v Ludgate House Ltd [2025] EWHC 1724 (Ch); [2025] EGLR 35. The article explores the considerable portion of the judgment which grapples with the questions whether the Court should exercise its discretion in favour of granting an injunction or award damages in lieu, and if damages in lieu are awarded, the appropriate basis of the assessment of those damages. You can read the article here.

The Tanfield Talks Podcast

Our podcast series, Tanfield Talks continues please do have a listen to the most recent episode by Andrew Mace & Andrew Brueton, entitled Section 423 Insolvency Act: Transactions Defrauding Creditors. We have now built up a significant back catalogue of business and property-related podcasts, to which we intend to add over the coming weeks, so please do explore them via your preferred platform.

Upcoming Events

We are excited to announce that the Tanfield Junior Conference will be taking place on 10 February 2026 at The Honourable Society of Lincoln’s Inn.

The conference, chaired by Annie Higgo and co-chaired by Elizabeth Fisher, will explore some of the most pressing issues in property law today, from adverse possession to the practical challenges arising under the Renters’ Rights Act and in probate and mortgage matters.

Tickets are £150+ VAT per delegate and can be purchased here.