Philip Rainey QC

Year of call 1990

Silk 2010

Instructing Philip
For further information or to instruct Philip please contact one of our following clerks:

Alex Southern
Practice Managers

+44 (0) 20 7421 5300
Click to email

Kieron Hatwell
Practice Managers

+44 (0) 20 7421 5300
Click to email

“He is excellent, has a good manner in court and is very good at presenting cases.” “Excellent academically and commercially astute.” “He offers clear and concise advice and is able to turn his hand to all kinds of complex issues.” “Does not sit on the fence and gives excellent, pragmatic and assertive advice.”

Chambers UK 2020

“Excellent, particularly on complex real property issues.”

Legal 500 2020

“One of the leading barristers in this field. He is a supremely confident, smooth, incredible advocate and has incredible knowledge of all areas in property litigation.”

Chambers UK 2019

“Does not sit on the fence and gives excellent, pragmatic and assertive advice.”

Chambers UK 2019

“He has formidable intellect along with strength and depth of knowledge.”

Legal 500 2018

“He is very quick and bright, and a spectacular cross-examiner.”

Legal 500 2015

“He has a huge brain and is very bright. He tactically does a great job.”

Legal 500 2015

“A true star with a first-class brain.”

Legal 500 2015

“His expertise and knowledge of long leasehold and enfranchisment work are hard to beat.”

Chambers UK 2015

“A very good advocate with a commercial, client-friendly approach.”

Chambers UK 2015

“Philip is extremely user-friendly. His advice is clear, definitive and reasoned, and his willingness to provide strong opinions gives you real faith in your position.”

Chambers UK 2014
  • Barrister of the Year, Enfranchisement Awards (2009 & 2016)
  • Real Estate Junior of the Year, Chambers Bar Awards (2009)
  • Civil Procedure Rules Committee (2001-2008)
  • Contributor: Smith & Monkcom, The Law of Gambling; 4th edition (Bloomsbury 2017)
  • Co-author: Megarry’s Manual of the Law of Real Property 9th edition (Sweet & Maxwell 2014)
  • Co-author: Service Charges and Management; 3rd edition (Sweet & Maxwell 2013)
  • Co-author: Rent Review: A Surveyor’s Handbook (RICS 2008)
  • MCIArb
  • LLB (Hons)
  • Association of Leasehold Enfranchisement Practitioners
  • Chartered Institute of Arbitrators
  • Chancery Bar Association
  • Property Bar Association

Philip is head of chambers, and took Silk in 2010 “…to the unequivocal delight of the market” (Chambers UK 2011).

Philip is a specialist in property litigation.  His practice straddles the commercial/residential divide; it encompasses all aspects of real property, commercial L&T, as well as the residential L&T (particularly enfranchisement and service charges) in which Philip made his name. He has a wealth of experience at the highest level; he has taken six cases to the Lords/Supreme Court, most recently the much-discussed Sequent Nominees v Hautford; and numerous others to the Court of Appeal.

One of the leading barristers in this field. He is a supremely confident, smooth, incredible advocate and has incredible knowledge of all areas in property litigation.” (Chambers UK 2019)

Does not sit on the fence and gives excellent, pragmatic and assertive advice.” (Chambers UK 2019)

Real Estate Junior of the Year, Chambers Bar Awards 2009

Barrister of the Year, Enfranchisement Awards 2009 and 2016

Areas of expertise

Philip is a specialist in property litigation. His practice straddles the commercial/residential divide; it encompasses all aspects of real property, commercial L&T, as well as the residential L&T (particularly enfranchisement and service charges) for which Philip is perhaps best known.

Philip has considerable experience acting for and against developers, in respect of options, overage disputes, establishing service charges, offplan sales, social and affordable housing aspects and the problems of mixed use among others.

Philip has appeared in many leading cases in the property field, including Kumarasamy v Edwards [2016] UKSC 40 [2016] AC 1334 (dilapidations), Menelaou v Bank of Cyprus [2016] AC 176 (mortgagee’s subrogation rights), and the “squatters rights” judicial review in R(Best) v Chief Land Registrar [2015] 2 P&CR 1. Philip earlier appeared in Cadogan v Sportelli [2010] 1 AC 226 and Howard de Walden v Aggio [2009] 1 AC 39 in the House of Lords and Daejan Investments v Benson [2013] 1 WLR 854 in the Supreme Court.

Philip has extensive experience in mortgage and guarantee claims, rent review, dilapidations, easements, restrictive covenants, boundary disputes, property-insolvency and contracts for sale. He knows his way around a party wall and the 1996 Act. Philip is experienced in arbitration and expert determination, both as advocate before the third party and in challenging the award or determination in court. He also undertakes a range of work which shades into the commercial arena, including overage and clawback, profit sharing, aspects of banking law, economic torts, fiduciary duty claims, freezing injunctions etc. His clients range from landed estates, listed property companies and banks to individual tenants.

Philip has a keen, apolitical interest in law reform in the field of landlord and tenant law. He has presented papers to the All Party Parliamentary Group on leasehold reform, and he assisted the Law Commission with its project on “Event Fees” in the retirement housing sector. He is a regular speaker on property law issues.

Notable Cases

  • Sequent Nominees Ltd v Hautford Ltd [2020] AC 28 Commercial lease - consent to make planning application - reasonably withheld
     
  • Berkeley Square Investments Ltd v Berkeley Square Holdings Ltd [2019] UKUT 384 (LC) Commercial long lease - user covenant – s.84 Law of Property Act 1925 – modified to permit use as private members club
     
  • Shaviram Normandy Ltd v Basingstoke & Deane BC [2019] UKUT 256 (LC); [2020] RVR 51 Commercial long lease - user covenant – s.84 Law of Property Act 1925 – modified to permit residential use
     
  • Golding v Martin [2019] EWCA Civ 446; [2019] Ch 489 Forfeiture – residential premises – order in wrong form – set aside
     
  • Corvan (Properties) v Abdel-Mahmoud [2018] EWCA Civ 1102 Service Charges - s.20 LLTA 1985 - management agreement - QLTA.
     
  • London Sephardi Trust v John Lyon's Charity [2018] QB 1163 (CA) Interpretation Act 1978 - repeal and re-enactment - enfranchisement.
     
  • St Emmanuel House v Berkeley Seventy Six [2018] Enfranchisement - RPI linked rent - capitalisation rate - 3.35%.
     
  • Al-Rawas v Hassan Khan & Co [2017] EWCA Civ 42 [2017] 1 WLR 2301 (CA) Counterclaim - amendment - relation back - Limitation period.
     
  • Southwark LBC v Akhtar [2017] UKUT 150; [2017] L&TR 36 Service charges - demands - service - waiver - s.20B LLTA 1985.
     
  • Kumarasamy v Edwards [2016] UKSC 40 [2016] AC 1334 Dilapidations - notice requirement - common parts - s.11 LLTA 1985 - easement.
     
  • Menelaou v Bank of Cyprus [2015] UKSC 66 [2016] AC 176 Unjust enrichment - mortgagee - subrogation - unpaid vendor's lien
     
  • R (Best) v Chief Land Registrar [2015] EWCA Civ 17 [2016] QB 23 (CA) Adverse Possession – Land Registration - Illegality - Criminalisation of squatting, s.144 LASPOA
     
  • Trustees of the Sloane Stanley Estate v Mundy [2016] L&TR 32 (UT) Enfranchisement - relativity - hedonic regression.
     
  • Foxland Management Ltd v Redab (2016 HHJ Hand QC) Party Wall Award - s.10 appeal - third surveyor - whether compellable witness.
     
  • Investin Chiswick v Firstwood (UK) (2016 Birss J unrep) Sale of land - development - completion conditions - order for expedition.
     

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