Philip Rainey QC

Profile

Philip is head of the property group at Tanfield Chambers, and took Silk in 2010 “…to the unequivocal delight of the market. His popularity stems from the fact that he "gets results as he is able to depart from the prepared script, modifying his approach as circumstances dictate”” (Chambers UK 2011)

Real Estate Junior of the Year, Chambers Bar Awards 2009
Barrister of the Year, Enfranchisement Awards 2009

Within a broader property practice, Philip specialises in Leasehold Enfranchisement, together with the associated areas of Rights of First Refusal, Right to Manage, Right to Buy, and enfranchisement-related Professional Negligence claims.  He is also noted for his expertise in service charge disputes.

Philip has appeared in a number of leading cases concerning enfranchisement including the House of Lords decision in Cadogan v Sportelli  [2010] 1 AC 226  and Howard de Walden v Aggio [2009] 1 AC 39, and service charges, notably the recent decision in Daejan Investments v Benson [2011] HLR 21

Philip was called to the Bar during the property crash of the early 90s and has extensive experience in Property - insolvency and mortgage claims as well as commercial landlord & tenant, and rent review.

As a member of the Chartered Institute of Arbitrators, Philip is experienced in arbitration and expert determination. He also practises in a range of work which shades into the commercial arena, including overage and clawback, profit sharing, aspects of banking law, fiduciary duty claims, freezing injunctions etc.

Experience

Aside from enfranchisement, Philip has acquired substantial experience in:

- complex mortgage work
- insolvency
- service charges*
- property-related banking and commercial claims
- property related professional negligence
- party wall awards
- rent review*
- 1954 Act lease renewal
- arbitration more generally.

* Philip is a co-author of books on the subjects of service charges and rent review, see under “publications”.

He is also experienced in a broader range of general commercial work. This includes aspects of banking law, arbitration and mediation in cases of all disciplines, in addition to mainstream contract, tort and fiduciary duty claims.

Significant Cases 

Southwark LBC v Lessees of Southwark [2011] UKUT 438 (LC)
Service charges - QLTA - statutory consultation

Wilky Property Holdings v London & Surrey Investment [2011] EWHC 2226 (ch)
Contract - Dispute Resolution - expert or arbitrator

Cadogan v Magnohard (16/11/2011, CLCC)
Enfranchisement - Mansion block - whether a "house"

Daejan Investments v Benson [2011] HLR 21;  [2011] EWCA Civ 38 
Service charges (residential) - statutory consultation - dispensation

Craftrule Ltd v 41-60 Albert Palace Mansions Ltd [2011] 1 WLR 2425 (CA); on appeal from [2010] 1WLR 2046
Collective enfranchisement – “self contained part of a building”

 Hemphurst v Durrels House [2011] L&TR 16; [2011] UKUT 6 (LC) 
Collective enfranchisement - right to acquire part-only of a leasehold interest

Stablewood Properties v Virdi [2011] WTLR 723 (CA)
Agreement creating trust - construction - security interest

 Hughes v Borodex [2010] 1 WLR 2682 (CA)
Schedule 10 Local govt & Housing Act 1989 - disregard for tenant improvement

New Northumbria Hotel Ltd v Maymask (148) LLP [2010] EWHC 1273 (Ch)
Forfeit lease – chattels – delivery up – damages or injunction

Redbridge LBC v Mustafa [2010] BPIR 893 (Chancellor)
Bankruptcy – Council Tax - annulment – liability for Trustee’s costs

Grosvenor Estate Belgravia v Klaasmeyer [2010] UKUT 69 (LC)[2010] 16 EG 107 (CS)
Enfranchisement - valuation – Belgravia lease escalator clause

Cadogan v Sportelli [2010] 1 AC 226 (HL) [2008] 1 WLR 2142 (CA)
Enfranchisement - valuation - hope value

Coutts & Co v Chowdery [2009] All ER (D) 144 (Peter Prescott QC)
Appeal - Statutory demand – cheque drawn on uncleared funds

Nailrile v Cadogan [2009] 2 EGLR 151 (LT)
Enfranchisement – valuation of head-leases – negative values

Howard de Walden v Aggio [2009] 1 AC 39 (House of Lords) [2008] Ch 26 (CA)
Enfranchisement (lease extensions), rights of head lessees

131 Dartmouth Road Ltd v Goldfax Ltd (HHJ Powles QC, 9/10/08, unreported)
Enfranchisement - measurement of non-residential area

Pitts v Cadogan [2007] 3 EGLR 86 (LT)
Enfranchisement: hope value

Pitts v Cadogan (Preliminary issue (1)) [2007] RVR 269 (LT)
Lands Tribunal appeal jurisdiction

29 Eaton Place; McGuckian & others appeal (3/1/08 Lands Tribunal)
Collective Enfranchisement - head lease caretaker's flat - no right to acquire

Arrowdell v Coniston Court (North) Hove Ltd [2007] RVR 39 (LT)
Powers of Lands Tribunal on appeal, LVT use of own experience, development value

Coutts & Co v Passey [2007] BPIR 323
Insolvency - IVA - creditor's meeting - admitting contractual costs claim for voting

West v Newham LBC [2007] 5 Leg Act 28 [2007] EWCA Civ 304
Right to buy, jurisdiction of district valuer and extent of property

Kensington International v Republic of Congo [2006] 2 CLC 588 (Comm Ct)
Search order - non-party - cross examination

C v C, Citibank's application [2006] 1 FLR 936 (Munby J)
Mortgagee's right to disclosure of evidence where affected by a freezing order

Credit & Mercantile plc v Marks [2005] Ch 81 (CA)
Mortgagee's right to possession after grant of a sub-charge

Coutts & Co v Sebestyen [2005] CCLR 4 [2005] EWCA Civ 473
Meaning of OFT Determination re: bank overdrafts

Alpha Lettings Ltd v Neptune Research & Development Inc (2003) 147 SJLB 627 [2003] EWCA Civ 704
Notice to determine exclusive distributorship

Wandsworth LBC v Manuel [2002] 2 EGLR 128
Jurisdiction of LVT in service charge disputes

Reid v Hamblin [2001] BPIR 929
Supervisors costs on void IVA

Oliver Ashworth (Holdings) Ltd v Ballard (Kent) Ltd [2000] Ch.12
Waiver of double rent under the Distress for Kent Act 1737

Atlas Ceiling & Partition Co Ltd v Crowngate Estates (Cheltenham) Ltd [2000] CILL 1639 (TCC)
Adjudication, date of contract

Hope v Premierspace (Europe) Ltd [1999] BPIR 695 (Ch.D)
Scope of petition debt

R v Newham LBC ex.p Trendgrove Properties Ltd (1999) 32 HLR (QBD)
Housing grant judicial review

Fitzgerald & Law (a firm) v Ralph [1998] BPIR 42 (Ch.D)
Necessity for permission to appeal, costs, principles applying

Antoniades v Wong [1997] 2 BCLC 419 [1998] BCC 58 (CA)
S.459 petition-ordering liquidation when unfair prejudice prov.

Ashworth Frazer Ltd v Gloucester City Council [1997] 1 EGLR 104
Construction of rent review clause

Marath v MacGillivray (1996) 28 HLR 484, The Times 5 Feb 1996, (CA)
Sufficiency of notice under HA 1988 s.88 and LLTA 1987

Re: Nowmost Co Ltd [1996] BCLC 492 (Ch.D)
Costs, principles applying

Filering Ltd v Taylor Commercial Ltd [1996] EGCS 95 (CA)
Surrender by operation of law

Provident Mutual v Greater London Employers Association [1996] 1 EGLR 106 (Ch.D)
Business tenancy s.27 notice

Amersfort Ltd v Kelly Nichols & Blayney [1996] EGCS 156 (Ch.D)
Solicitors negligence

Publications

Contributor, Service Charges and Management: Law & Practice 2nd edition (Sweet & Maxwell)

Contributor, Smith & Monkcom, The Law of Gambling, 3rd edition (Tottel)

Co-author, Rent Review: A Surveyor's Handbook 2008 (RICS)

In the Media

12 August 2010: Philip was interviewed on GMTV and gave his professional views on landlord and tenant issues following the story about a mother and her young son being forced to live in a tent because squatters had taken over their home.

Memberships

Member of the Chartered Institute of Arbitrators

Property Bar Association

Chancery Bar Association

Member, Civil Procedure Rules Committee, 2001 - 2008

Directory Quotes

'Gets results as he is able to depart from the prepared script, modifying his approach as circumstances dictate'
'He is not belligerent, but very calm and measured in his approach'
Chambers UK 2011

Philip is listed as a leader in the field  in The Legal 500 2010.

'Sources enthused over the natural air of authority he emanates in property disputes, particularly those relating to leasehold enfranchisement'
Chambers UK 2010

'Marvellous'
Legal 500 2009

'Real stature and standing, and an impressive intellect to boot'
'Acute and academic'
Chambers UK 2009

'An absolute genius'
'Wouldn't use anyone else for leasehold enfranchisement cases'
Chambers UK 2008

'Very bright'
Legal 500 2008

'Excellent on his feet and very persuasive'
Chambers UK 2006

Philip is listed as an expert in Property Litigation in Legal Experts 2008-2011