Pen portrait no.1: Philip Rainey QC
Philip Rainey QC
Philip Rainey QC is a specialist property litigator, noted for his particular expertise in service charges and leasehold enfranchisement.
He has appeared in many leading cases, including Daejan Investments Limited v Benson & ors in the Supreme Court.
He was Counsel in (1) BDW Trading Limited (2) Comet Square Phase 2 Block Management Co Ltd v South Anglia Housing Ltd [2013] EWHC 2169 (Ch) and the recent Court of Appeal decision on “squatters title” in R (Best) v The Chief Land Registrar [2015] EWCA Civ 17.
He is a co-author of “Service Charges and Management” by Tanfield Chambers (3rd edition, 2013) and of the new 9th edition of Megarry’s Manual of the Law of Real Property.
“I became a barrister because I saw “Crown Court” on TV as a child and it looked like a fun thing to do. By the time one realises that life isn’t like the telly, it’s a bit late.
The best thing about being a barrister is arguing difficult or new points of law.
If there was one thing that I could change about my profession it is the “have a go at the lawyers” culture – elements within government and the media displaying an increasing and corrosive lack of respect for legal rights and freedoms, and lack of respect for the rights of citizens to have good lawyers argue their case even if unattractive.
The highlight of my career so far has been appearing in the House of Lords, in Howard de Walden Estates Ltd v Aggio [2009] 1 AC 39 and Earl Cadogan v Sportelli [2010] 1 AC 226. The Supreme Court is great but doesn’t quite have the same feel.
The longest day of my career so far has been consigned to oblivion. Selective memory is essential to sanity as an advocate.
I will know that I have achieved the peak of my career when I no longer feel like taking on a new case.
If I had not been a barrister I would have been unemployed probably. I’m quite interested in ancient history and archaeology but I doubt I have the patience for it.
I would rather live in commonhold than leasehold property because: you delegate authority to a board; you meet once a year to set a budget and then you get on with other things while crossing your fingers that it turns out OK because you don’t have many rights if it goes wrong. Much like a barristers’ chambers really.
Self regulation or statutory regulation of property management? Somewhere in between. Legislate against the awful practices but don’t try to micro-manage or prescribe what is good or “best”, because red tape usually squeezes out the smaller players first and ultimately reduces both customer choice and the competition which drives up standards.
The biggest challenges currently facing property management are (1) a growth in tenants taking technical points on billing practices / compliance with the machinery in the lease, where there is no underlying merit, and (2) taking technical points against tenant-owned landlord entities.
I would overcome those challenges by (1) reforming s.20B of the Landlord and Tenant Act 1985, which is what tenants rely on to prevent the landlord re-submitting corrected bills, and (2) relaxing the statutory regime for genuinely tenant-owned landlords.
My favourite book is – difficult to say. The best I’ve read in a while is The Gone Away World by Nick Harkaway.
My favourite film is Blade Runner.
My favourite building is the Mezquita–Catedral de Córdoba. Or maybe Hearst Castle in California. But there’s a wide world I’ve yet to see.
If you came to London you should visit Lincolns Inn. Few cities have anything to match it. And there’s a glass of wine to be had on the terrace.”