Tanfield Talks

Andrew Butler KC and Nora Wannagat explore the rapidly developing world of restructuring plans and their impact on commercial landlords.

Against the backdrop of recent cases including TG Jones, Poundland and Virgin Active, they discuss how restructuring plans work, how landlords may be treated within different creditor classes, the court’s approach to cross-class cram down and the sanction of restructuring plans, and what landlords can do to prepare when a tenant is facing financial distress.

They also consider the evolving approach of the courts and what recent cases may mean for landlords facing changes to their leases and rental income.

Producers: Peter Shevlin and Neil Kanwal

A Pod60 production for Tanfield

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In this episode of Tanfield Talks, Andrew Butler KC and Nora Wannagat discuss the Ebert v Ferrari dispute, a pre-action disclosure application arising from a fatal road traffic accident in Hong Kong and a subsequent product recall affecting a class of Ferrari vehicles, including Mr Ebert’s. 

They briefly consider the background to the matter before exploring the legal issues arising from the pre-action disclosure application, including the territorial scope of section 33 of the Senior Courts Act 1981, whether pre-action disclosure can extend to documents held overseas, and the implications of cloud-based document storage.

Producers: Peter Shevlin and Neil Kanwal

A Pod60 production for Tanfield

https://pod60.com/

Hosted on Acast. See acast.com/privacy for more information.

Gazumping has long been a feature of the property market in England and Wales, but could that be about to change? In this episode, Andrew Butler KC and Edward Denehan discuss the government's proposed reforms to the home buying and selling process. They explain what gazumping is and explore the proposed changes, including mandatory sales packs, earlier binding agreements, digital conveyancing, and whether the reforms could bring the system closer to that of Scotland.

Producers: Peter Shevlin and Neil Kanwal

A Pod60 production for Tanfield

https://pod60.com/

Hosted on Acast. See acast.com/privacy for more information.

In this episode of Tanfield Talks, Nicholas Isaac KC is joined by Sami Allan to examine the Court of Appeal’s decision in Titan Wealth Holdings Ltd v Okunola.

The discussion considers the Court’s approach to granting injunctive relief in unusual circumstances, drawing on key authorities to illuminate the principles at play. 

Producer: Peter Shevlin

A Pod60 production for Tanfield

https://pod60.com/

Hosted on Acast. See acast.com/privacy for more information.

In this episode of Tanfield Talks, Nick Isaac KC is joined by Edward Denehan to discuss the draft Commonhold and Leasehold Reform Bill and its potential implications across property law in England and Wales.

Nick and Edward unpack the draft Bill and consider whether the reforms could meaningfully reshape the current leasehold system. Drawing on Edward’s analysis, the conversation examines the extent to which commonhold may emerge as a viable alternative, as well as the practical and legal challenges that may arise if the proposals are implemented.

Producer: Peter Shevlin

A Pod60 production for Tanfield

https://pod60.com/

Hosted on Acast. See acast.com/privacy for more information.

Nicholas Isaac KC is joined by Sami Allan to reflect on his pupillage at Tanfield and the transition to tenancy.

Producer: Peter Shevlin

A Pod60 production for Tanfield

https://pod60.com/

Hosted on Acast. See acast.com/privacy for more information.

In this episode of Tanfield Talks, Nicholas Isaac KC and Robyn Cunningham discuss boundary agreements and the issues that commonly arise in practice.

The first half looks at the Court of Appeal’s decision in White v Alder [2025] EWCA Civ 392. The case considers informal boundary agreements and builds on a long line of authority on the subject. Nicholas and Robyn explore how informal agreements can come about, when the courts may be willing to recognise them, and the risks involved where boundaries have never been formally established.

In the second half, the focus shifts to determined boundaries. The discussion considers what a determined boundary involves and whether seeking one is always the best course in practice.

Citations

Cases:

White v Alder [2025] EWCA Civ 392

Gibson v New [2021] EWHC 1811 (QB)

Nata Lee Ltd v Abid [2015] 2 P. & C.R. 3

Neilson v Poole (1969) 20 P. & C.R. 909

Legislation: 

Land Registration Act 2022, s 60 

Producer: Peter Shevlin

A Pod60 production for Tanfield

https://pod60.com/

Hosted on Acast. See acast.com/privacy for more information.

Christopher Heather KC and Elizabeth Fisher explore one of the oldest and most challenging areas of property law: forfeiture of leases. In this episode, they consider four recent cases that highlight the practical difficulties, key principles, and evolving aspects of forfeiture. 

Citations: 

Cases

Sik v Malik [2025] EWHC 383 (Ch) 

The Tropical Zoo Ltd v The Mayor and Burgesses of the London Borough of Hounslow [2024] EWHC 1240 (Ch).

Tanfield v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch)

Freifeld v West Kensington Court Ltd [2015] EWCA Civ 806

Magnic Ltd v Ul-Hassan and anor [2015] EWCA Civ 224

Bland v Ingrams Estates Ltd (No 2) [2001] EWCA Civ 1088

First penthouse Ltd v Channel Hotels and Proper Ties (UK) Ltd [2003] EWHC 2713 (Ch)

McDrury v Luporini [2000] 1 NZLR 652—> would we add? 

Legislation 

Law of Property Act 1925, s 146 

Landlord and Tenant Act 1954, s 25

Producer: Peter Shevlin

A Pod60 production for Tanfield

https://pod60.com/

Hosted on Acast. See acast.com/privacy for more information.

Synopsis

Andrew Brueton and Andrew Mace examine Section 423 of the Insolvency Act, which targets transactions designed to place assets beyond the reach of creditors. 

Cases

Invest Bank PSC v El-Husseini [2022] EWCA 894 (Comm)

El-Husseiny v Invest Bank PSC [2025] UKSC 4

Purkiss v Kennedy [2025] EWCA Civ 268 and [2024] EWHC 1081 (Ch)

Rangers Football Club 2012 Plc (In Liquidation) (formerly Rangers Football Club Plc) v Advocate General for Scotland [2017] UKSC 45

Inland Revenue Commissioners v Duke of Westminster [1936] AC 1

Allen v Hurst & Ors [2022] EWHC 2649 (Ch)

Sayers v Dixon [2025] EWHC 1886 (Ch)

Credit Suisse Virtuoso SICAV-SIF & Anor v SoftBank & Ors [2025] EWHC 2631 (Ch)

Legislation

ss423, 424, 425 Insolvency Act 1986

Producer: Peter Shevlin

A Pod60 production for Tanfield

https://pod60.com/

Hosted on Acast. See acast.com/privacy for more information.

Synopsis

Martin Young and Nora Wannagat provide an introduction to issues arising when a corporate client faces liability for business rates and the impact of insolvency.

Citations

Cases:

• Cornhill Insurance plc v Improvement Services Ltd [1986] 1 WLR 114
• Re Toshoku Finance (UK) plc [2002] 1 WLR 671
• Exeter City Council v Bairstow [2007] EWHC 400 (Ch)
• Laing (John) & Son Ltd v Kingswood Assessment Area Assessment Committee [1948] 2 KB 116, [1948] 1 All ER 943, 46 LGR 321, 112 JP 304, [1948] LJR 1619, 64 TLR 407, 151 EG 411
• R (Secretary of State for Health & Social Care) v Harlow DC [2021] EWHC 909 Admin
• Kaye v South Oxfordshire District Council [2013] EWHC 4165 (Ch), [2014] 2 All ER 1019, [2014] 2 BCLC 383, [2014] Bus LR 597, [2014] BPIR 416, [2014] All ER (D) 134 (Jan)
• Re Nortel GmbH (in administration) [2013] UKSC 52, [2014] AC 209, [2013] 4 All ER 887, [2013] 3 WLR 504, [2013] 2 BCLC 135, [2013] Bus LR 1056, (2013) Times, 19 August, [2013] BPIR 866, [2013] All ER (D) 283 (Jul)

Legislation:

• Schedule B1, Insolvency Act 1986, para 3
• r.3.50 and 3.51 of the Insolvency (England and Wales) Rules 2016
• r.6.42 of the Insolvency (England and Wales) Rules 2016
• Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (SI 1989/1058) and in particular Regulation 18
• Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008 (SI 2008/386)

Producer: Peter Shevlin

A Pod60 production for Tanfield

https://pod60.com/

Hosted on Acast. See acast.com/privacy for more information.