Mr Philip Rainey QC

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Introduction

Philip is head of chambers at Tanfield Chambers and took Silk in 2010 “…to the unequivocal delight of the market” (Chambers UK 2011).  He is noted for his "fearsome" courtroom advocacy and for acting on complex and high-value cases. 

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

 

Specialisms

Philip is a specialist in property litigation with a practice straddling the commercial/residential divide; it encompasses all aspects of real property, commercial L&T, as well as the residential L&T (particularly leasehold enfranchisement, RTM 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, restrictive covenants (freehold and leasehold), 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 Sequent Nominees v Hautford [2020] AC 28 (SC) (landlord consent) Kumarasamy v Edwards  [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 and more recently its Projects on Leasehold Reform and Commonhold. He is a regular speaker on property law issues.

 

Directory Recommendations

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)

Chambers & Partners 2015:

"His expertise and knowledge of long leasehold and enfranchisment work are hard to beat"

"A very good advocate with a commercial, client-friendly approach"

Chambers & Partners 2014:

"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." "He is responsive and technically excellent whilst also displaying superb commercial awareness."

Legal 500:

pre-eminent’;  ‘technically excellent, and displays superb commercial awareness

‘A real star, who is highly intelligent and a skilled advocate.’

 

Qualifications, Appointments

Member of the Chartered Institute of Arbitrators (MCIArb)

Chancery Bar Association

Association of Leasehold Enfranchisement Practitioners

 

Publications

Co-author: Megarry's Manual of the Law of Real Property 9th edition (Sweet & Maxwell 2014)

Co-author: Service Charges and Management; 4th edition (Sweet & Maxwell 2018)

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

Contributor: Smith & MonkcomThe Law of Gambling; 4th edition (Tottel)