Tanfield Chambers

tanfieldchambers.co.uk

Adrian Carr has broad experience in all aspects of landlord & tenant, real property and and wills, probate and administration of estates. Adrian combines his expertise in real property and private client law to good effect and advises and represents clients before the courts and tribunals in contentious litigation and carries out non-contentious advisory and drafting work to help them avoid becoming involved in litigation.

Amanda Gourlay

Amanda Gourlay’s practice focuses on property matters. Amanda came to the Bar after ten years in the travel industry, where her employment included negotiating contracts for a programme of holiday rental properties in Corsica. She brings enthusiasm and commitment to her court and paper work. As is to be expected of a former linguist, Amanda thinks quickly on her feet. She is an articulate and experienced advocate. Her research is always thorough, and she aims to produce written work, which is clear and user-friendly for court, solicitor and lay client.

Andrew Butler KC

‘Incredibly impressive on the detail – commercial in his approach, with superb drafting skills. He gets on very well with clients. Robust and calls it as he sees it – he doesn’t sit on the fence but gives clear, definitive and reasoned advice.‘ – Legal 500 2022. Andrew Butler KC practises in the areas of Property and Business & Commercial, and is Head of Chambers’ Business & Commercial Group. While he accepts instructions across the full spectrum of commercial and property work, he particularly specialises in development disputes and professional negligence matters, with company law issues also forming an increasing part of his caseload. Andrew is a qualified mediator and a member of both the Chartered Institute of Arbitrators and the London Court of International Arbitration. He is an adjudicator on the panel of the Professional Negligence Bar Association. He was appointed Queen’s Counsel in 2018 and his silk practice has gone from strength to strength, involving an appearance in the Supreme Court, and regular appearances in the Court of Appeal, as well as the Commercial and Business and Property Courts. Andrew was short-listed for Barrister of the Year in the Lawyer Awards 2020.

Carl Fain

Carl Fain has a specialist property and chancery practice, with a focus on landlord and tenant. His work includes all aspects of commercial and residential landlord and tenant including dilapidations claims, business tenancy renewals, enfranchisement, rights of first refusal, RTM, appointment of managers and service charge disputes. Carl has been ranked as a leading Junior in Property Litigation / Real Estate Litigation in the legal directories for a number of years and has recently been described by the directories as “a fantastic advocate”,”pragmatic, incredibly user-friendly and has an excellent manner” and as a “bright, proactive and an extremely tenacious and effective advocate.” As well as appearing frequently in the County Court and the High Court, Carl has represented clients in the First-Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber) and the Court of Appeal. Carl regularly presents seminars on property related matters. He has been a speaker at a SJ Live event, and has presented Webinars for LexisNexis and seminars for the Council of Mortgage Lenders. Carl is also an author of LexisNexis Question and Answer series. As a former Management Consultant, solicitors and clients appreciate the commercial eye that he brings to his legal practice.

Ceri Edmonds

Ceri Edmonds joined Chambers in September 2019 on successful completion of her pupillage. During pupillage she was supervised by Nicola Muir, Mark Loveday and Carl Fain. Ceri experienced a wide range of work including leasehold enfranchisement, service charges, rights of first refusal, forfeiture, mortgages, possessions and real property. Since April 2019, Ceri has been undertaking her own cases, including both advisory and court work. She has been instructed to appear in the First Tier Tribunal, county courts and the High Court on a range of matters, and is looking to build her practice in all areas of Chambers’ core practice, with a particular focus on landlord and tenant disputes, service charges and enfranchisement. Before coming to the Bar, Ceri enjoyed a successful career as a civil servant working in the UK and abroad. She has extensive experience in advising ministers and senior officials and in drafting reports and submissions on complex and sensitive issues.

Charles Joseph

Charles Joseph is a barrister specialising in most areas of modern chancery work including property, wills, trusts and probate, commercial work, directors’ duties and disqualification proceedings and minority shareholders’ rights, and related areas of professional negligence.

Christopher Maynard

Specialist advice and advocacy, principally in the field of property litigation, for parties seeking remedies, including emergency remedies, in common law, chancery and administrative law. Clients include business entities, charities, local authorities, trustees and individuals. Areas of specialisation are: landlord and tenant, commercial and residential, including social housing; land disputes, including title, charges, boundaries and easements; trusts, wills and inheritance; commercial and consumer contracts; company and partnership disputes. Notable cases: Goldup v Cobb [2017] EWHC 526 (Ch) The right to a pension which derived from contributions to the Local Government Pension Scheme in respect of a partner's office as coroner existed at the date of the dissolution of the partnership and was capable of being an asset of the partnership. However, the contributions had been deducted at source and the court accepted that the defendant had been clear that it was only the net payment from the local authority that was to go into the partnership and that she did not intend the pension to be a partnership asset. Maurice J Bushell v Born [2017] EWHC 2227 (Ch) Successful appeal on point law against an arbitration award in partnership dispute. It was nonetheless appropriate to remit the award to the arbitrator as there was no basis for doubting his ability to act impartially. Sivagnanam v Barclays Bank Plc [2015] EWHC 3985 (Comm) The sole shareholder, director and guarantor of a company was not within the class of persons intended to be protected by the statutory provisions under s.138D Financial Services and Markets Act 2000, therefore he could not bring a claim for loss said to have been suffered as a private person as a result of breaches of the conduct of business rules im miss-selling interest rate hedge products to the company. Metaxides v Swart & Others [2015] UKPC 32 Leading for the appellant in an appeal from the Court of Appeal of the Bahamas. On a preliminary issue, the Court of Appeal had been wrong to decide that earlier, separate proceedings in the Supreme Court of the Bahamas had been a nullity and that a consent order made in those proceedings was of no effect. Lilyford Ltd v La Porta [2013] EWHC 434 (Ch); [2013] All ER (D) 168 (Mar); [2013] 2 P&CR DG2; White Book [2015] para 3.4.3.2. Application to strike out part of a defence to a tenant’s claim for damages for wrongful forfeiture.Held: the tenant was not estopped by reason of an earlier (and unappealed) dismissal of an application for relief against forfeiture; nor was the later claim an abuse of process. Strike out application successful. Mason v Walton-on-Thames Charity [2011] EWCA Civ 1098. Written submissions opposing renewed application for permission to appeal referred to in judgement of Mummery LJ. (Permission subsequently refused by Arden LJ on 15/11/11 and costs of the Jolly v Jay letter awarded; Mason v Walton-on-Thames Charity [2010] EWHC 1688 (Ch); White Book [2015] para 14-18.3 Acting for first defendant charity in boundary dispute and also for third defendant transferee of disputed land (a residents’ association), the transfer having taken place shortly before trial. A late application by third defendant to strike out/for summary judgement was resolved as preliminary issue in trial of claim. Held: the claimant was not entitled (i) to a declaration of title; or (ii)to any alteration of the register to comprise the disputed land within her registered title or for it to be excluded from the title which vested in the charity at law and in the residents’ association in equity; or (iii) to any injunctive relief as claimed in the re-Amended Particulars of Claim. The case gave rise to issues of construction, pre-contractual negotiations and privilege of communications made in an unresolved mediation. “The matter was opened by Mr Maynard, to whom I pay tribute as he was conspicuously even-handed in the way he set out the issues both of fact and law which the court is required to consider”.

Christopher Bamford

Christopher’s practice focuses on personal injury and employment, as well as gaming and licencing, and he acts for clients in both contentious and non-contentious matters in all areas of his practice. His personal injury practice is mainly, but not exclusively, claimant-based. He frequently undertakes both advisory work as well as drafting and advocacy in claims arising out of accidents at work, accidents in educational institutions and accidents suffered by pedestrians on the highway, as well as road traffic accidents. He has many years experience dealing with clinical negligence claims. This area of practice also includes dependency claims arising out of fatal accidents. In employment law, Christopher has considerable experience appearing before the High Court in cases concerned with the enforcement of restrictive covenants in employment contracts. He also has more than 20 years experience appearing before employment tribunals and the Employment Appeal Tribunal. Non-contentious business includes a particular interest in settling contracts for employment agencies and employment businesses. Christopher frequently acts for businesses and other bodies involved in trade disputes, in particular claims arising out of the sale and supply of computer systems and associated services. He appears before both the County and High Courts and the Technology and Construction Court. The contentious area of his practice has included his involvement in claims arising out of disputes following large National Lottery and National Game (Bingo). His non-contentious business is primarily sought by those in the industry and is mainly concerned with their needs to comply with the requirements of the Gambling Act 2005.

Christopher Heather KC

Landlord and tenant (commercial, residential, and enfranchisement) real property and associated professional negligence. Cases include: Octagon Overseas Ltd v Coates [2017] UKUT 190 (LC) (management orders); Snowball Assets Ltd v Huntsmore House Freehold Limited [2015] UKUT 0338 (LC) (enfranchisement, development rights); Law Society v Shah [2015] 1 WLR 2094 (solicitors, discipline, jurisdiction of court); Merie Bin Mahfouz Company (UK) Ltd v Barrie House (Freehold Ltd) [2014] UKUT 0390 (LC) (collective enfranchisement, leases back, telecoms); Hauser v Howard De Walden Estates Ltd [2013] UKUT 597 (LC) (flying freeholds, enfranchisement, relativity); Rey-Ordieres v Lewisham LBC [2013] UKUT 14 (LC) (service charges, PFI); Beech v Kennerley [2012] EWCA Civ 158 (abandonment of easements); Barrie House Freehold Ltd v Merie Bin Mahfouz Company (UK) Limited [2012] EWHC Ch (enfranchisement, easements, injunctions); Hilmi Associates Limited v 20 Pembridge Villas Freehold Limited [2010] EWCA Civ 314 (enfranchisement, companies, notices). Publications: Sub-editor of Service Charges and Management: Law and Practice.

Daniel Dovar

Specialising in real property and leasehold law with an emphasis on landlord and tenant issues. From possession and forfeiture proceedings to enfranchisement, lease renewal, service charge disputes, and disrepair. His practice also includes real property related issues such as conveyancing disputes, property related professional negligence, rights of way and easements, constructive trusts and co ownership, options, boundary disputes and adverse possession.

David Guy

Every type of commercial and common law case in the High Court and before arbitrators. Many commercial disputes concerning design and implementation of business computer systems and professional negligence heard in Technology and Construction Court. Extensively concerned in technical computer issues and the computation of losses, licensing, distribution agreements, commercial agents and all issues affecting the internet, telecoms and outsourcing including competition and consumer aspects. Financial services both compensatory and regulatory; case in European Court of Human Rights concerning Article 5 of Convention on Human Rights. Earlier practice was wide ranging including crime, both defence and prosecution, two cases in House of Lords; employment – many employment tribunals and EAT; acted for HM Coroners in several high-profile inquests; property – all aspects including residential, commercial, leasehold reform, construction and building and professional misconduct tribunals. Cases include: Rooks Rider v JR Steel (solicitors undertaking); [1993] 4 AER 716; Barret v Ducket (company derivative action and minority shareholder) [1995] BCC 362; Gretton v British Millerain (computer supply, professional negligence) BLR 2001; Winter Brown v Anglo Group [2000] 72 Con LR 118, [2000] ITCLR 559, [2000] Masons CLR 13, [2000] 144 SJLB 197 (concerning supplier and customers liability under a computer supply contract); Puolitaival and Pirttiaho v Finland, case number 54857/00 23/11/2004 (Art 6 of HR Convention); Collymore v Francis, 20 October 2008 (footballer awarded damages for poor financial advice); Hall v Cable & Wireless [2009] EWHC 1793 (Comm) (company’s liability to shareholders for listing particulars); Gaetano v Obertor [2009] 2653 (Ch) (transfer of shares under ‘exit’ clause).

Diane Doliveux

Diane joined Tanfield in September 2015 on successful completion of her pupillage. She accepts instructions in all areas of Chambers’ work, with a particular focus on property law and public law work. Diane frequently appears in the County Court, including in fast-track and multi-track trials. She has a busy landlord and tenant practice acting for both claimants and defendants and dealing with diverse matters including possession, forfeiture and disrepair. Diane also has experience representing secure tenants in possession claims which have involved issues of succession, estoppel, and proportionality under the Human Rights Act. Prior to coming to the Bar, Diane graduated from King’s College, Cambridge with a first class degree in Social and Political Sciences. She has received a number of prizes and scholarships including the Peter Duffy Human Rights Award from Lincoln’s Inn in 2013, following receipt of which she undertook a three-month internship at the European Court of Human Rights in Strasbourg.

Edward Denehan

Edward’s practice is exclusively property based. It therefore includes real property, both contentious and non-contentious, landlord and tenant, both commercial and residential, land and conveyancing, restrictive covenants, rights of way and other easements, profits à prendre, property valuation, mortgages, housing, boundaries, and professional negligence arising from these areas. Edward is an experienced advocate, and has successfully argued property and landlord and tenant cases in the House of Lords, the Supreme Court, the Court of Appeal, as well as appearing in a great many witness actions over the years in all courts and tribunals with property jurisdiction. Details of some of Edward’s cases are shown in the Practise Areas sections below. Year after year, Edward is a recommended property barrister by the leading directories, the details of which are contained in Directory Recommendations section of his webpage. Edward lectures extensively on subjects within his practice, and from time to time has acted as an arbitrator in property disputes. Edward was a part time tutor in property law at the University of Warwick, and a part time tutor in landlord and tenant law, and planning and local government law, at what was the Inns of Court School of Law. Edward has been the head of chambers at 9 Stone Buildings, Barristers’ Chambers since 2013 whilst at the same time maintaining his busy practice. LAND & PROPERTY Edward has an extensive practice in the area of land and property, both contentious and non-contentious. COMMERCIAL LANDLORD & TENANT Edward has appeared in numerous commercial landlord and tenant cases over the years. He has vast experience of the operation of Part II of the Landlord and Tenant Act 1954, and has appeared in a number of leading cases. RESIDENTIAL LANDLORD & TENANT Edward undertakes all aspect of residential landlord and tenant law including enfranchisement and lease extensions, service charges, security of tenure, management disputes (including the appointment and removal of managers, enforcement of covenants, statutory variation of leases, and the tenants’ right of first refusal). COVENANTS & PROFITS Edward has an extensive practice advising land owners on the impact, if any, of restrictive covenants. Edward’s clients range from major house builders, to individual property owners who wish to prevent unwanted development. Edward very frequently advises upon the operation and application of section 84(1) of the Law of Property Act 1925 to restrictions burdening his clients’ land with a view to having the restrictions discharged or modified. EASEMENTS Edward has an extensive practice advising land owners on the existence, nature and impact, if any, of easements, such as rights of way, rights of light and water rights. Edward’s clients range from major house builders, searching of means of access to development sites, to individual property owners in dispute with near neighbours. NUISANCE & TRESPASS In 2014, Edward, leading Giselle McGowan, successfully argued before the Supreme Court that his landlord clients should not be liable for the noise nuisance caused by their commercial tenants: Lawrence and another v. Fen Tigers Limited and others (No 2) [2015] A.C. 106. [2014] 4 All E.R. 527. [2014] UKSC 46. The case involved (inter alia) consideration of whether one could acquire an easement to create a nuisance and the circumstances in which an injunction to restrain a nuisance might be properly refused. Peires v. Bickerton’s Aerodromes Limited [2017] 1 W.L.R. 2865 is the first decision of the Court of Appeal of the statutory defences provided by sections 76 and 77 of the Civil Aviation Act 1982 to a common law nuisance caused by helicopter pilot training. Despite succeeding before the High Court judge that the helicopter pilot training did cause a nuisance, the Court of Appeal held that the statutory defences were available to the defendant, and therefore Edward’s clients were not entitled to an injunction to restrain the nuisance, or any other remedy. Success at first instance resulted in Edward being instructed in a number of matters concerning noise nuisance caused by helicopters. Over the years, Edward has been instructed on a great many trespass/boundary cases, and not only those arising from bad tempered neighbour disputes! PROFESSIONAL NEGLIGENCE Edward frequently advises on issues of professional negligence arising out of property matters, such as conveyancing and valuation.

Estelle Lear

Estelle has experience in all areas of family law and has appeared at all levels of court from the Family Proceedings Court to the High Court. Estelle’s family practice includes – financial provision: on divorce, including complex businesses, trusts, third party claims against matrimonial property, bankruptcy, nuptial agreements, cases with an international element and enforcement proceedings; property disputes between cohabitees, financial provision for children of unmarried parents, civil partnerships and Inheritance Act claims. Private law children: including residence, shared residence and contact, applications for leave to remove from the jurisdiction and other specific issue orders. Experience of complex and intractable disputes, alleged domestic violence and fact-find hearings, and allegations of child abuse within the private law context. Family Law Act cases: including domestic violence and occupation of the home. Child abduction: including Convention and non-Convention abduction cases and applications for permanent leave to remove from the jurisdiction. Care proceedings: Estelle has acted for local authorities, parents, family members and children in applications for care orders, supervision orders, special guardianship and adoption.

Hugh Rowan

Hugh joined Tanfield Chambers as a pupil in September 2021 and has been supervised by Piers Harrison, Daniel Dovar, and Carl Fain. Hugh began practising at the beginning of his second six in March 2022, and already enjoys a busy practice in the County Court and First Tier Tribunal as well as advising clients in all areas of Chambers’ practice. Following completion of pupillage, Hugh will be joining Tanfield as a member of Chambers. Hugh has gained a wide range of experience since starting his pupillage and accepts instruction in matters involving Real Property, Landlord & Tenant (Commercial and Residential), Banking & Mortgages, and Commercial Disputes. Prior to joining Chambers Hugh undertook his GDL and BPTC (LLM) at City University, during which time he volunteered as a caseworker at both the Free Representation Unit and Blackfriars Settlement Advice Clinic. Hugh is also a freelance bagpipe player and an amateur beekeeper.

Iain Mitchell KC

Iain G Mitchell QC, was called to the Scottish Bar in 1976, and took silk in 1992. He was called to the English Bar and commenced practice in England in 2012. He was accredited as a mediator by the Mediation Bureau (Scotland) in 1997 and by Mediation Forum Ireland in 2007. He is a member of the Scottish Council for International Arbitration and sat on the bench as a Temporary Sheriff from 1992 to 1997. Iain is an experienced litigator with a wide and varied civil practice, with strengths in Business and Banking law, European Law, Public Procurement Law, Employment Law and Public Law, as well as being rated by Chambers Directory in Band 1 for both Information Technology and Public Procurement law and the only Scottish Silk recommended by the Legal 500 for Intellectual Property and Information Technology Law. He has appeared in over 60 reported cases, including two in the House of Lords: Moncrieff v Jamieson [2007] 1WLR 2620 (the leading modern case on easements) where he succeeded in definitively establishing the existence of an easement of parking in the laws of both Scotland and of England and Clarke v Fennoscandia Ltd 2008 SC (HL) 122, a case concerning the enforcement of foreign decree allegedly obtained fraudulently in the US Third Circuit, and involving issues of Scots, English, French, European, United States, and Colorado law. He is currently heavily engaged in litigations in both England and Scotland seeking redress for bank customers in cases of alleged mis-selling of Interest Rate Swap Agreements, having acted for the claimants in Grant Estates Ltd v Royal Bank of Scotland Ltd [2012] CSOH 133, the first of such cases to be decided. He is also a leading member of QA legal, an international grouping of barristers, solicitors, financial experts and others who are pre-eminent in this field. His work is informed by extensive practical experience in business, the charitable and voluntary sectors, politics, and his keen interest in the arts and heritage. His sensitivity to commercial realities has frequently been commented upon and this, together with his substantial experience, enables him to develop innovative solutions, giving holistic advice which places the needs of clients in a wider commercial setting.

James Castle

James accepts instructions in all areas of property law, and specialises in each landlord & tenant and real property litigation. In his landlord & tenant practice, James deals with both residential and commercial properties, acting for both landlords and tenants across both the Court and Tribunal systems. His expertise spans the full range of leasehold disputes, from possession (including forfeiture) claims, to business lease renewals, dilapidations, service charges, leasehold enfranchisement, and the right to manage. James is uncommonly practiced for his year of call in cross-examining expert surveyors regarding valuation evidence in (for example) leasehold enfranchisement disputes and interim rent claims under the 1954 Act. And even fewer junior members of the Property Bar have James’s extensive experience in dealing with property guardianship disputes; James is the go-to junior counsel for a number of major property guardianship companies. Further, James has a busy real property practice dealing with boundary disputes, adverse possession, encroachment, easements, restrictive covenants and matters arising under the new Electronic Communications Code. James is the co-author (with Kerry Bretherton QC) of A Practical Guide to the New Electronic Communications Code for Property Lawyers (1st ed. 2022), and a contributor to Service Charges & Management (4th ed. 2018). James is licensed to accept direct access instructions. Areas of Expertise Landlord & Tenant James is currently representing a settlement trust in a complex residential forfeiture dispute concerning a former ambassadorial residence. In 2021, James acted for a major property guardianship company in a four-day multi-track possession trial. From 2019 to 2021, James represented a critically acclaimed London cocoa house in a long-running dispute with its landlord involving proprietary estoppel. James also appeared unled before the Deputy President of the Upper Tribunal (Property Chamber) in Robert Court RTM Company Limited v The Lough’s Property Management Limited [2019] UKUT 0105 (LC). Real Property In 2021, James represented a professional footballer and his wife in a four-day multi-track trial concerning freehold covenants, harassment and nuisance. Across 2020 and 2021, James acted for a professional landlord and property investor in a five-day multi-track misrepresentation trial related to the sale of a property. Across 2017 and 2018, James appeared a number of times before Masters in the Chancery Division of the High Court acting for a homeowner in a case where his equitable chargee had obtained possession of his home pursuant to an order for sale, and then failed to sell the property for the better part of a decade, permitting it to fall into substantial disrepair in the meantime. Commercial Disputes In 2017, James represented the daughter of a property developer in a high value multi-track trial that involved undue influence and unfair relationships under the Consumer Credit Act 1974. James is currently representing a property investor in a dispute with a development company related to the sale of a number of flats at a substantial undervalue.

James Hamerton-Stove

James has a busy practice in the full range of Chambers’ work. He focuses on property and general commercial / Chancery. He has an approachable manner but is also a robust advocate who fights his client’s corner in court. He is fully adept in the use of various technology platforms to conduct hearings and give advice. Outside of Chambers, James is a keen (but not able) participant in tennis, golf and skiing.

James Fieldsend

James Fieldsend is a specialist property practitioner. James is ranked as a leading junior for real estate / property litigation by both Chambers UK and Legal 500. He has represented clients in a number of reported cases that are of significance in his field of specialism. These include cases in the Supreme Court, Court of Appeal and the Upper Tribunal (Lands Chamber). As well as appearing in the courts, James provides advice to a wide range of clients including advising developers on how to structure both the physical aspects and legal ownership of developments so as to prevent the difficulties that are inherent in the ownership and management of mixed-use properties.

John Buck

Junior Counsel

Karen Jones

As former chief legal adviser to the Country Land and Business Association (CLA), Karen is well versed on a wide range of property matters associated with the ownership and management of land. She has particular experience of public access to land issues, often associated with claims to public rights of way and village greens and is a member of DEFRA’s Stakeholder Working Group advising on public rights of way legislation. Having worked for a solicitors for several years (partner status), Karen is experienced in running cases from beginning to conclusion and can provide detailed guidance at all stages of this specialist litigation. Her clients have included individual landowners and their agents, developers, estates and parish councils as well as landowning organisations. Her knowledge has been sharpened by her extensive lobbying experience, which has included drafting amendments to Bills such as the Countryside and Rights of Way Bill and the Natural Environment and Rural Communities Bill and the recent Deregulation Bill. In addition she has acted as advocate for pressure groups during the passage of legislation in the UK and in Europe. Karen lectures extensively including for CLT and The Agricultural Law Association (ALA) and provides in-house seminars for solicitors and agents. Edward Worthy, Rural Partner, Gepp & Sons said Karen is “reliable, and a highly proficient operator in a complex subject.”

Katie Gray

Katie accepts instructions across all areas of property law, specialising in real property and landlord & tenant litigation. As a junior tenant, Katie has a busy county court practice and frequently deals with fast-track and multi-track trials. She also appears regularly in the First Tier Tribunal (Property Chamber) in relation to service charge, enfranchisement, and Land Registry disputes. In February 2017, Katie successfully represented a landowner in the Upper Tribunal (Lands Chamber) in an application to modify a restrictive covenant. In the High Court, Katie often deals with applications in the Chancery and Queen’s Bench Division. She has recently acted as junior counsel in proceedings in the Manchester High Court in respect of alleged oversailing in relation to a £70 million development site. In the early days of her practice, she represented the Defendant in a contempt of court matter opposite a silk in the Commercial Court. Areas of expertise Landlord & Tenant Katie is frequently instructed in landlord and tenant and mortgage possession claims, as well as matters relating to LPA receivers, adverse possession, forfeiture, and disrepair. Commercial Property Katie regularly deals with disputed 1954 Act lease renewal claims and often acts for landlords of commercial premises. She frequently deals with development land, with a particular focus on trespass, squatters, and adverse possession. Katie is also experienced in service charge and enfranchisement matters, including applications for vesting orders, and she frequently appears in the county court and the First Tier Tribunal (Property Chamber) in this respect. Real Property Katie has a busy real property practice, with a particular focus on easements, restrictive covenants and the modification and discharge thereof, boundary disputes, proprietary estoppel and agricultural land. She also regularly acts in cases relating to trusts of land, including constructive and resulting trusts and orders for sale under TOLATA 1996.

Marc Glover

Marc Glover has a successful chancery practice, covering the areas of property, trusts, company / insolvency and commercial / business law. In 2020 Marc was appointed by the Lord Chief Justice as a Deputy Chancery Master of the High Court sitting in the Rolls Building, London. In 2021 Marc was appointed as a Judge of the First-tier Tribunal (Property Chamber) Residential Property and Land Registration Divisions. Marc Glover has been ranked in the legal guides Chambers & Partners and Legal 500 for a number of years. He is ranked as a leading junior in the Chamber UK Bar Guide 2021 (Real Estate Litigation) and in Legal 500 2021 (Property Litigation, Tier 2). Marc has developed a sub-specialty in excise & tax, trespass (including boundary disputes and adverse possession) and land registration, in respect of which Marc has successfully appeared in a number of leading cases. Marc’s practice is primarily in the High Court. He has appeared in the Court of Appeal on numerous occasions and in the Supreme Court on three cases in recent years. Marc’s cases often feature in the law reports and leading practitioner texts. Marc is qualified to accept Direct Access clients.

Mark Loveday

Recently acknowledged by the Supreme Court as a “specialist” property counsel, Mark’s entire practice is in this area. His work includes residential service charges and management, the Right to Manage, leasehold enfranchisement, commercial landlord and tenant and real estate. He has represented clients in contested hearings at every level including the First-tier Tribunal, County Court, High Court, Upper Tribunal (Lands Chamber), Court of Appeal and Supreme Court. In the residential field, Mark’s work largely relates to long leasehold service charge/management disputes and leasehold enfranchisement. He is General Editor of Service Charges & Management (Sweet & Maxwell, 5th Ed). He is regularly instructed by the major London estates and leaseholders in high-value contested management and enfranchisement cases. Marks’ weekly column on residential property matters appears in the Times newspaper every Friday. Mark is a judge of the First-Tier Tribunal (Property Chamber) and a member of the rule-setting Tribunal Procedure Committee. He is a member of the Advisory Committee of the Association of Leasehold Enfranchisement Practitioners. Mark was legal advisor to the joint working group that drafted the ICAEW Technical Release on Residential Service Charge Accounts (“TECH/03/11”), the leading professional guidance for service charge accounting in England. He is one of a handful of barrister Fellows of the Institute of Residential Property Management. He has received numerous awards, including: “Barrister of the Year” at the Residential Management Awards 2011. “Barrister of the Year” at the Enfranchisement & Right to Manage Awards 2022. Mark has over 25 years’ experience of commercial property and commercial development issues, particularly contested business lease renewals, rent reviews and dilapidations. Mark is general editor of Rent Review: A Surveyor’s Handbook (RICS, 2008). Mark is a fellow of the Chartered Institute of Arbitrators, and has extensive experience in arbitration and expert determination. He accepts appointments as a mediator and as an arbitrator in property disputes. For a list of reported cases in the Upper Tribunal, High Court, Court of Appeal and Supreme Court, please see the section below. Mark is listed as leading junior in the property litigation/real estate sections of Chambers & Partners and the Legal 500. He has been described as “A recognised specialist in leasehold enfranchisement matters. A pleasure to work with.” (Chambers UK 2021) “He is technically very strong and experienced, enhanced by his role as a Tribunal Judge on the Southern Panel.” (Legal 500 2021) Mark recently appeared for the Respondents in the Supreme Court appeal of FirstPort v Settlers Court RTM Co [2022] UKSC 1, the first Right to Manage case to reach the Supreme Court. He is available for conferences and mediations by MS Teams and Zoom, and is attending hearings using all HMCTS-approved forms of remote hearing platforms As a member of the Tribunal Procedure Committee, he has also closely been involved in changes to First-tier Tribunal and Upper Tribunal procedures to meet the challenges caused by the pandemic.

Michael Bailey

Michael qualified in 1986 and has always had a wide ranging common law practice from Property and Landlord and Tenant to Divorce and Children. He now specialises in Public Law Children and Statutory Duty cases; Family and Divorce, and Negligence (including both medical and professional).

Michael Buckpitt

Property litigation in particular: Real property - all issues concerning real property including contracts for the sale of land, overage and options, easements, restrictive covenants and mortgages. Landlord and tenant: all areas of commercial and residential disputes including dilapidations, forfeiture, 1954 Act lease renewals, service charges, appointment of Managers and RTM. Enfranchisement - all aspects under the 1993 Act and 1967 Act. Publications Co-author: Service Charges and Management. Contributor to Estates Gazette “Residential View”.

Nicholas Isaac KC

Nick is described by Chambers and Partners as “Utterly brilliant… and incredibly knowledgeable” “a compelling advocate” who is “fantastic with clients”. He has extensive experience in all aspects of property litigation, and relishes the challenge of difficult cases, last-minute instructions and novel points. In addition to party walls, boundaries and easement cases, for which Nick is particularly sought after, Nick has recently acted and advised in cases involving: fraud and breach of trust, commercial lease renewal, restrictive covenants, terminal dilapidations, service charges, relief from forfeiture, houses in multiple occupation, property damage and professional negligence, nuisance (including construction and noise nuisance) and trespass. Nick’s practice also includes commercial work in which regard recent instructions include a partnership claim on dissolution of the partnership, an unfair prejudice petition and breach of contract by a bank in relation to its customer. As well as lecturing regularly on various aspects of property law, including party walls and boundary disputes, Nick has written several books, including “The Law and Practice of Party Walls” (now in its 2nd edition) “Where is my boundary?” and “The New Party Wall Casebook“. He is currently working on a rights of light casebook which he hopes to publish shortly after Easter 2022. Nick has extensive experience in alternative dispute resolution, and is happy to accept instructions to act as a mediator or arbitrator. He also accepts direct access instructions.

Nicola Muir

Nicola Muir specialises in all aspects of landlord and tenant and real property litigation both residential and commercial. Nicola is recommended by both Chambers and Partners and the Legal 500 which says “Nicola provides straight-forward yet accomplished advice which is hugely beneficial to both her instructing solicitors and their clients”. Nicola was shortlisted by the Legal 500 as Junior of the Year 2022 for Real Estate, Environment and Planning. Nicola has recently been appointed as a Judge in the First-tier Tribunal (Property Chamber) in the Land Registration division and is an Associate Member of the Civil Mediation Council. Nicola regularly appears in Court and in both the First Tier and Upper Tribunals of the Property Chamber. She is well known for her enfranchisement, service charge and land registration claims. Nicola also has a thriving commercial property practice and has been involved in a number of high profile boundary, adverse possession and beneficial interest disputes. Notable cases in which she has appeared include Eastern Pyramid Group Corp SA v Spire House RTM Co. Ltd (Court of Appeal), Tibber v Buckley (Court of Appeal), Leaseholders of Foundling Court and others v Camden LBC, Allied London (Brunswick) Ltd and others (Upper Tribunal), Westminster City Council v CH2006 Ltd (Upper Tribunal), Corvan (Properties) Ltd v Abdel-Mahmoud (Court of Appeal ) and LM Homes Ltd v Queen Court Freehold Co. Ltd (First Tier Tribunal). Nicola is a former solicitor and gives lectures on a variety of land law related topics as well as being regular contributor to the Estates Gazette. Publications: Regular column in the Estates Gazette on residential property law called – “Residential View”. Co-author (with other members of Tanfield Chambers) of “Service Charges and Management" (Sweet & Maxwell 5th Ed.)

Philip Rainey KC

Philip is joint head of chambers.

Philip Brown

Philip has a wide ranging commercial chancery practice which includes advocacy, drafting and advisory work in both non-contentious and contentious business and property related matters. He has wide experience in property law, wills, trusts and estates, including claims under the Inheritance (Provision for Family and Dependants) Act 1975, together with associated areas of work. Within the property field his practice includes restrictive covenants, rights of way and other easements, adverse possession, claims involving rectification of the Land Register, co-ownership and trusts, mortgages, LPA Receivers, commercial tenancies including renewals, residential tenancies and leasehold enfranchisement, construction of covenants, dilapidations, forfeiture and relief. Commercial and business dispute areas include sale of goods, building disputes, partnership and insolvency work. He appears regularly in the Chancery and Queen's Bench Divisions of the High Court, the County Court, and before more specialised tribunals such as the First Tier Tribunal (Property Chamber). He accepts instructions through the Bar Council's Public Access Scheme in appropriate cases. Representative cases: Gold Harp Properties v MacLeod [2014] EWCA Civ 1084 – the Court of Appeal considered the power in the Land Registration Act 2002 Schedule 4 to change the priority of competing rights 'for the future' on rectification of the Land Register; Gold Harp Properties v MacLeod [2014] EWCA Civ 532- the Court of Appeal determined that the appellant could not be required to comply with the judgment below as a condition of pursuing an appeal; R (on the Application of Cyril Rapose) v Wandsworth LBC [2014] EWHC 469 – application for judicial review in respect of compulsory purchase order; Mead v Babington Estate Agents [2007] EWCA Civ 518 CA – misrepresentation claim in which Court of Appeal determined that trial judge on the evidence was entitled to find that the representations made by an estate agent based in the UK as to their relationship with a Spanish developer were sufficient to found a claim in fraudulent representation as the homebuyer had relied and acted upon that misrepresentation in purchasing their villa; Ilona Szekeres v Alan Smeath & Co [2005] EWHC 1733 – detailed assessment of solicitors bills despite defects contained within the claim form as the claim form as served had been sufficient to convey to the solicitor within the statutory period the message that the client wanted the bills to be assessed; Schulke Mayr UK Ltd v Alkapharm UK Ltd (1999) FSR 161 -remedy of passing off was not to be extended to a situation where the defendant's alleged false statements or 'puffing' of own product might have caused diversion from or confusion with the claimant's similar product.

Phillip Aliker

His practice comprises multi-jurisdictional commercial contractual disputes for corporations and governments of high-value and often of considerable reputation risk and/or with significant political and/or economic implication. Currently representing Malaysian offshore companies in an arbitration under the Rules of LCIA, acting for a Nigerian Bank in the Chancery Division, acting for a Respondent NGO in proceedings by multiple claimants in East Africa including formulating and drafting arbitration clauses to meet potential jurisdictional objections under municipal law, acting for an Asian investor seeking to recover proceeds of investment in a proposed PPP in a West Africa state, and acting for an Asian Government to set aside an arbitral award. Phillip is currently sitting as a sole arbitrator in contractual disputes in Kenya under the Rules of the Chartered Institute of Arbitrators and in London under the LCIA Rules. He is recently accredited to UNCITRAL and with his interest in ISDS is recently designated by the Chairman of ICSID to the ICSID Panel of Conciliators. Recognised in Chambers & Partners 2016 as a Foreign Expert (Uganda and Kenya) in disputes with an East African connection.

Piers Harrison

“Extremely approachable, knowledgeable and quick on his feet.” Chambers and Partners 2018 “Extremely bright and creative, demonstrating superior intellectual agility” – Legal 500 2016. Piers’s practice covers all areas of property law. He enjoys litigation. He is particularly experienced in leasehold enfranchisement. Piers is also often called upon to offer advice in non-contentious property cases where there is a development afoot. Piers has a number of direct access clients, mainly property developers and is happy to accept direct instructions in most cases. He is on the editorial board of Landlord and Tenant Review and PropertyLawUk and writes a periodic update on leasehold enfranchisement. He is the co-author of “Megarry’s Manual of the Law of Real Property” (Sweet & Maxwell, 9th edition), “Enfranchisement Law and Practice” (Wildy and Sons Ltd) and Service Charges Management (Sweet & Maxwell, 3rd edition).

Richard Granby

Richard Granby’s practice encompasses all of Chambers’ core practice areas spanning the full range of real property and landlord and tenant disputes. Richard appears in all levels of the Court and Tribunal system, whether alone or led, and accepts instructions from freeholders, LPA receivers and mortgagees as well as management companies, leaseholders and borrowers. Where appropriate, Richard appears as sole counsel in the High Court and has appeared without a leader in the Court of Appeal. Prior to pupillage, Richard read History at Gonville and Caius College, University of Cambridge and is a Denning, Hardwick & Eastham Scholar of Lincoln’s Inn. Areas of Expertise: Landlord & Tenant Richard appears in the full range of disputes arising from commercial property including contested and uncontested lease renewals under the Landlord and Tenant Act 1954 and proceedings following forfeiture. Richard represents leaseholders, freeholders and management companies in service charge disputes in the First-tier Tribunal (Property Chamber) and advises on obligations and liabilities, and costs recovery, under the terms of long leases. Richard has experience of bringing and defending challenges to the reasonableness of service charges, the entitlement to recover identified costs against leaseholders and the enforcement of the costs of major works following s.20 consultation. Richard frequently appears in proceedings for forfeiture of residential long leases and relief from forfeiture. Richard provides advice and representation in matters relating to statutory security including under the Rent Act 1977. Richard frequently acts in claims relating to disrepair in commercial and residential property as well as claims for Rent Repayment Orders and proceedings relating to property licensing offences. Real Property Richard advises and acts for clients in all areas of property law including: Adverse possession Alteration and rectification of the land register Boundary disputes Claims under the Inheritance (Provision for Family and Dependants) Act 1975 Constructive / resulting trusts Easements Mortgages Orders for sale Proprietary estoppel Restrictive and positive covenants Rentcharges Richard had a particular interest in mortgages and the powers and duties of receivers and frequently provides advice and representation to both receivers and mortgagees as well as residential and commercial borrowers. Richard undertakes a substantial amount of work concerning rights over land including easements and rights of way as well as boundary and registration disputes in both courts and the First Tier Tribunal (Land Registration Division). Richard is regularly instructed in trials concerning beneficial ownership of property and other claims under the provisions of the Trust of Land and Appointment of Trustees Act 1996.

Richard Alford

Richard Alford has an established and growing practice focusing on property and landlord and tenant work. He is delighted to accept instructions in any property law matter, as well as a wide range of commercial disputes. Richard enjoys technical matters and thrives on difficult cases and tricky points of law. He regularly appears in the First-tier Tribunal (Property Chamber), the County Court and the High Court. Areas of expertise Real Property Richard is regularly instructed to advise and/or to act in a wide range of property disputes. He has extensive experience of: Leasehold enfranchisement and right to manage Service charges disputes Forfeiture and breach of covenant Commercial lease renewal and termination Mortgages and repossession Boundaries and easements Party walls Trusts of land and ownership disputes Residential possession proceedings Richard’s recent property work has included: A county court determination of costs due under a lease in circumstances where damages for disrepair fell to be set off against service charges found to be due. Representing a number of property guardianship companies in disputed possession proceedings. Advising on several cases involving imperfect securities and subrogation. Achieving an excellent settlement for a tenant challenging unreasonable service charges. Advising a tenant in a case of alleged widespread fraud by freeholder and managing agent. Obtaining an order for specific performance from the High Court in a sale and purchase dispute. Appearing in a high value central London lease extension application. Representing the tenant in a complex landlord and tenant dispute combining issues of enfranchisement and historic alleged breaches of lease. Appearing in numerous court applications relating to the Leasehold Reform Housing and Urban Development Act 1993. Commercial Disputes Richard regularly appears in commercial disputes in both the High Court and the County Court. He has acted in a range of matters, from straightforward breach of contract claims to high-value partnership and shareholder disputes. He is often called upon to advise on company law matters, particularly in relation to landlord and tenant issues. Richard also has experience in bankruptcy and insolvency proceedings and drafting commercial agreements. Commercial work this year has included: Appearing in factually complex joint-venture / shareholder dispute Successful obtaining judgment in a case involving a contract to import commodities Advising on a high-value construction breach of contract claim Representing the claimant in factually complex whistle-blowing dispute

Robert Bowker

Robert Bowker has over 20 years’ experience in property-related work. Robert was called to the Bar in 1995 and completed pupillage in Chambers in 1997. From 1997 to 2007, he practised in Chambers exclusively in property litigation. Between 2007 and 2012, he practised as a solicitor and barrister in Australia primarily in construction litigation (he qualified in England/Wales and Australia). In 2012 he returned to Chambers and resumed his practice exclusively in property litigation. A significant aspect of Robert’s practice is dilapidations and major works (residential and commercial). He has worked with a wide range of expert witnesses including surveyors, structural engineers and M&E and fire safety experts. He works mainly for developers, investors and private and local authority landlords, but also for individuals including leaseholders. His experience in recent years has included a substantial amount of work in relation to fire safety including liability for and the cost of replacing ACM and other forms of cladding. He is currently advising in relation to a significant number of buildings that have fire safety and cladding issues. Robert’s regular workload also includes boundaries, land registration, proprietary estoppel, commercial lease renewals (particularly where the issue is redevelopment or disrepair) and the full range of work relating to HMOs. He regularly speaks at conferences, more recently on issues relating to fire safety and replacement cladding.

Robyn Cunningham

Robyn’s practice covers all areas of property litigation as well as probate and company law. Particular areas of expertise include: easements, landlord and tenant, service charges and leasehold enfranchisement. Robyn has represented clients at hearings in the County Court, First-tier Tribunal (Property Chamber), the High Court and Court of Appeal. She is also a regular contributor to the Landlord and Tenant Review and PropertyLaw UK. She acts regularly in cases concerning the follow areas: Rights of Way; Trespass; Service charge disputes; Leasehold enfranchisement; Opposed leasehold renewals (Landlord and Tenant Act 1954); Possession proceedings (Housing Act 1988); Right to Manage (Commonhold and Leasehold Reform Act 2002); Contentious and non-contentious probate; Trusts of land; Orders for sale (Trusts of Land and Appointment of Trustees Act 1996); Land registration; Commercial contracts. Robyn completed pupillage at Tanfield Chambers under the supervision of Adrian Carr, Piers Harrison and Nicola Muir. She obtained an LLB from King’s College London, where she was awarded the university prize for top first in land law and the Dechert Land Law Scholarship. She undertook the BPTC at City Law School as Middle Temple’s Brick Court Scholar. Prior to coming to the Bar, Robyn worked as a Projects Officer in the business and commercial team of the International Bar Association. She also gained experience as a consultant, providing legal services to members of the Bar, solicitors’ firms and HM Government.

Sam Madge-Wyld

All aspects of residential and commercial landlord and tenant and real property law, with particular expertise in service charge and management disputes, social housing and the regulation of the private rented sector. Noteworthy cases include Newham LBC v Harris [2017] UKUT 264 (LC) (rent repayment orders); Southwark LBC v Akhtar and Stel LLC [2017] UKUT 150 (LC) (service charges / waiver); Southwark LBC v Various Lessees of St Saviours Estate [2017] UKUT 10 (LC) (recovery of fire safety works as service charge); Mohamoud v RBKC [2015] EWCA Civ 780; [2016] PTSR 289 (Application of s.11, Children Act 2004 to possession claims); Birmingham City Council v Merali & others [2015] EWCA Civ 49; [2015] 2 C.M.L.R. 27 (Eligibility / homelessness / Zambrano carers); Birmingham City Council v Lloyd [2012] EWCA Civ 969; [2012] H.L.R. 44 (Article 8 defence / trespassers).

Sara Jabbari

Sara has a busy practice spanning all areas of property and landlord and tenant matters. She has a particular interest in rights affecting land, and the development of land for mixed commercial and residential use. She has acted in relation to disputes involving issues around restrictive covenants, adverse possession, the construction of leases, leasehold enfranchisement and lease extensions, rights of first refusal, service charges and rights to manage; often in relation to large-scale mixed use developments and residential schemes. Sara has also advised in relation to real estate finance schemes, where landlord and tenant issues have impacted on the structure and operation of the schemes, and she has experience in relation to property related professional indemnity claims. During the course of her career, Sara has spent time as an employed barrister, practising in a top ranked City Real Estate Disputes team. Sara’s experience working within a law firm has given her a unique insight into the requirements and preferences of solicitors when instructing counsel. She has extensive experience in providing advisory and advocacy support to contentious and transactional real estate lawyers, as well as directly to clients, property and fund managers, and surveyors. Sara brings a pragmatic, commercial approach to her practice and is experienced in advising on strategic as well as complex legal issues. Sara has a wealth of advocacy experience at all levels of the court system, and relishes appearing in court. Before coming to the Bar, Sara was an Associate Lecturer at the University of Manchester. She holds a doctorate in law (her PhD thesis compared Courts’ approach to the construction of terms in patent claims with other legal documents, such as leases and contracts). She brings to her career at the Bar her love of making arguments about legal and technical details. Outside of court, Sara is a fitness enthusiast much to the dismay of her lazy goldendoodle who has the privilege of keeping her company on long runs. Sara accepts instructions across all areas of property law, including in following areas: Real Property Sara acts in respect of a range of real property disputes, including actions in relation to development land; compulsory purchase; adverse possession claims; restrictive covenants; easements (including rights to light); profits-a-prendre; land registration; rectification claims; boundary disputes; and claims in restitution (e.g. for the return of a deposit upon failure to complete contract for sale). Commercial Landlord & Tenant Sara acts in connection with commercial landlord and tenant disputes and accepts instructions across all related matters, including: opposed and unopposed lease renewals; interim and terminal dilapidations; landlord and tenant issues arising out of insolvency; enforceability of leasehold covenants; service charge disputes; enforceability of break clauses; validity of notices. Residential Landlord & Tenant Sara acts in relation to a broad range of residential landlord and tenant disputes including: rights of first refusal; enfranchisement; service charge disputes; rights to manage and appointment of manager claims; actions relating to breach and enforcement and of lease covenants; possession claims, including claims under the Rent Act 1977; rent review; right to rent (Immigration Act 2014); construction of leases; service of notices. Professional Negligence Sara acts in relation to professional negligence claims relating to a range of property matters. Sara has advised in relation to negligence claims arising out of advice and service of enfranchisement notices; claims relating to overriding interests (and the failure to investigate/procure waivers in respect thereof); and claims against architects/surveyors.

Sebastian Reid

Sebastian Reid is an established member of Tanfield Chambers, practising mainly in Property and Family matters. He enjoys the wide experience of having learnt the many different aspects and types of advocacy and forensic skills that must be mastered as a barrister, having originally practiced as a criminal and general common law lawyer. Sebastian believes that many of the cases of which he has special experience (commercial, business and property disputes) are well suited to the Bar’s Public Access scheme. As a result he is qualified to take on such cases from businesses and the general public. Sebastian has a very personable attitude to his clients and they often comment on his sensible yet robust approach to his work.

Stan Gallagher

Practice is exclusively in the field of real property and related areas, with an emphasis on landlord and tenant, particularly leasehold enfranchisement and the legal issues faced by property developers. Recent cases include: Grosvenor Estates Ltd v Prospect Estates Ltd [2009] 1 WLR 1313 (CA) (leasehold enfranchisement); Cascades and Quayside Ltd v Cascades Freehold Limited [2008] L&TR 23 (CA) (leasehold enfranchisement); Cawthorne v Hamdan [2007] Ch 187 (CA) (leasehold enfranchisement); 9 Cornwall Crescent London Ltd v Royal Borough of Kensington and Chelsea [2006] 1 WLR 1186 (CA) (leasehold enfranchisement) (CA); Arrowdell v Coniston Court (North) Hove Ltd [2007] RVR 39 (powers of the lands tribunal on appeals). Co-author of ‘Service Charges and Management: Law and Practice’ (Sweet & Maxwell).

Tim Hammond

Tim Hammond has a predominantly real property and landlord and tenant practice. He has experience of the Court of Appeal, the Chancery Division, the Queen’s Bench Division, the Companies Court, the Bankruptcy Court, the Upper Tribunal, the First-tier Tribunal, and the County Court. His cases have taken him from Croydon to Kazakhstan, and many places in between. Tim recently appeared for the management company that obtained an injunction removing Vinnie the terrier from a £1.5 million penthouse flat in Limehouse. The County Court case was widely reported in the national press and covered on the BBC. Tim (led by Christopher Heather QC) later succeeded in defeating the tenants’ appeal: Victory Place Management Co Ltd v (1) Florian Kuehn (2) Gabrielle Kuehn [2018] EWHC 132 (Ch). The appeal, which was heard by the Chancellor of the High Court, raised interesting questions about the exercise of discretions contained in lease covenants, the application of long-adopted policies and the implication of terms. Tim also recently appeared in the Court of Appeal acting for the successful Respondents in the matter of Kingley Developments Ltd v Brudenell and others [2016] EWCA Civ 980, a case involving the relative weight to be given to lay and expert evidence in circumstances of alleged forgery and wider frauds. The appeal followed an eight day trial at which Tim was also successful. Tim drafts pleadings, opinions and skeleton arguments. He advises in conference on legal and tactical matters. He undertakes advocacy for trials, appeals and applications. He finds practical solutions to problems, focusses upon strategy, and gives realistic and commercial advice. He is a persuasive advocate. He has experience of being led by QCs and senior junior barristers. He has considerable experience of mediation and arbitration. His clients have included the Crown, the Duchy of Lancaster, the Church of England, the Attorney General, multi-national businesses, billionaire businessmen, mid-sized companies, commercial landlords, charities, housing trusts, local councils, management companies, small businesses as well as private individuals.

Timothy Polli KC

Timothy Polli QC specialises in property law and the associated professional negligence, commercial and company law issues that frequently arise in the context of property law disputes. In 2020, he was shortlisted for “Real Estate Silk of the Year” at the Chambers Bar Awards. Tim’s experience is broad and encompasses most aspects of real property and land registration, mortgages and banking, both commercial and residential landlord and tenant, trusts of land and proprietary estoppel. He has used that experience to develop a particular specialism in the more esoteric and technical areas of property law, calling on his detailed and comprehensive knowledge of land registration, restrictive covenants; overage; rights of way and drainage, rights of light and party walls to solve challenging disputes relating to the development of and defective securities over land. In recent years, he has also been called upon in disputes connected with the fire safety of tall buildings and the issues that arise when urgent fire-safety works are required, for example the replacement of combustible cladding (including ACM cladding) and/or restoration of compromised fire-compartmentation. Tim’s experience of the law of restitution and unjust enrichment is amply evidenced by Menelaou in the Supreme Court. But he brings the same innovative edge to all aspects of his commercial practice, in particular partnership and joint venture disputes, especially in the context of property development, and claims for the recovery of misappropriated monies. Tim is regularly instructed to make applications for emergency injunctive relief (including freezing injunctions). Tim combines an analytical style with a ‘can do’ approach to problem solving and a common-sense awareness of the commercial realities underpinning any litigation. He is familiar with the requirements of working with a team of solicitors and/or Counsel and is usually available out of regular office hours.

Timothy Cowen

Tom Carpenter-Leitch

Tom Carpenter-Leitch practices within most areas of property law, with a particular emphasis on real property and landlord & tenant negotiations. This includes TOLATA claims, adverse possession, easements, covenants and conveyancing issues and, in the landlord & tenant sphere, lease renewals and service charge disputes. A particular area of interest is the point of intersection of property law with insolvency or company law. Examples include: all aspects of bona vacantia, disclaimer and vesting orders; fractional property ownership collective investment schemes; the workings of residents’ management companies and tenant owned freehold companies following enfranchisement – with or without a shareholder participation agreement. Tom has built-up a niche area of expertise within insolvency law, relating to both corporate and personal matters. He has a wide knowledge in the field and regularly acts in relation to administrations, liquidations, bankruptcies, directors disqualification proceedings, administrative or other receiverships, individual or company voluntary arrangements, and partnership insolvencies. He is equally comfortable advising insolvency office-holders and creditors as he is with directors and debtors. Linked to this, Tom advises on charges and their priorities and company law. In addition to these core specialisms, Tom also has a varied business, commercial and modern chancery practice (including trusts and probate). Tom had a previous career as a chartered accountant. Having worked for two of the top five international accountancy firms and qualified as an insolvency practitioner, he brings over ten years of prior experience to his practice at the Bar. He also advises in professional negligence cases involving accountants and solicitors. Tom has lectured on insolvency and data protection law. He is a contributor to all editions of the book Service Charges & Management (Sweet & Maxwell – 2009 onwards)

Will Beetson

Having established a busy practice at another leading set, Will was recruited to Tanfield in 2017. Will is a property specialist and practises in Chambers’ core areas, with a particular emphasis on service charges and traditional landlord and tenant litigation, both in the residential and commercial context. He is perceived as a trusted practitioner and has been instructed in a number of complex and high-value matters. He has appeared against silk on several occasions. Given the nature of his practice at his former set, Will possesses trial experience significantly beyond that of most juniors at the Property Bar and is already the veteran of several hundred trials as well as many other appearances in the High Court, County Court and First-Tier Tribunal. He is therefore favoured by clients for his relaxed yet robust courtroom manner. He combines this trial experience with a deep academic interest in his chosen fields of practice. Will is a contributor to Service Charges & Management (Sweet & Maxwell, 4th Ed) produces articles for the Landlord & Tenant Review. Will is licensed to accept direct access instructions.

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