Tanfield Chambers

Property litigation

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”.

Called 1988. MCIArb (2017)

Gray’s Inn; S E Circuit; Chancery Bar Association; Admin Law Bar Association.

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Sevenoaks School; University of York (1982 BA Hons); Polytechnic of Central London (1986 Dip Law).