[2024] UKUT 264 (LC)

The ground floor of the Appeal Premises comprised a reception area (staffed by a receptionist) and seven individual barrister’s rooms, each occupied by one Member (a “Room”). Six Members occupied Rooms in the Appeal Premises at the material date including Mr Ewart KC (who had two adjoining rooms) and Mr Yates KC, both of whom gave evidence. The other Members occupied Rooms in Bedford Row, which also housed Chambers’ library, main reception, clerks’ room, a conference room, and other administrative space.

The basement of the Appeal Premises comprised a seminar room, an ancillary administration room and a room allocated for the use of pupils (although from time to time this room has been shared by two junior Members after completing pupillage while waiting for Rooms to become available for them elsewhere).

The two leases of the Appeal Premises were in materially the same terms and were held by the same four Members (jointly referred to as “the Tenant”). The prescribed clauses required for land registration purposes included a declaration that the Tenant held the property on a trust of land. Each lease included a covenant by the Tenant prohibiting assignment or parting with or sharing possession or occupation of part only of the demised premises (clause 4.6(a)). That restriction was qualified by clause 4.6(k) which provided that it was not to be a breach for the Tenant to permit other Members and their clerks, pupils and ancillary staff to use and practice from the demised premises provided that no relationship of landlord and tenant was created.