Jonathan enjoys a strong reputation in his principal areas of practice and has been recommended in The Legal 500, The Lawyer, Legal Experts and by Chambers (UK) as a leading junior.

“one of the best up and coming juniors”. The Lawyer

"a professional of substance and a reliable choice of counsel."

“Equally as good on paper as he is on his feet”

“Knows how to sabotage the opposition’s line of attack and then dissolve it effectively” and as having an “Excellent client manner” who “uses humour to good effect”. Chambers UK

And whose advice is described by commercial clients as “accurate, strong, forensic and balanced”.

Jonathan has an extensive commercial practice and has particular expertise in the leisure industry, telecommunications matters, IT, construction and engineering disputes, contractual claims, product liability, development assessments and joint ventures, franchising, company, shareholders’ agreements and business sale warranty claims, receivership, Section 459 and unfair prejudice claims, administration, winding up, and guarantee claims, insurance, reinsurance, factoring, domestic and international sale of goods, including Distance Selling, retention of title claims, partnerships and personal and corporate insolvency, subrogation and domestic and international competition.

Jonathan’s extensive experience of insurance matters including coverage disputes involving fire claims, domestic and particularly commercial, of both retail and industrial premises, professional indemnity claims, building insurance claims, domestic and commercial, and business interruption cover.

Jonathan has considerable experience of the emergency interim relief applications such disputes may generate. In the last year Jonathan has in particular acted in:

Representative Cases

• Wellington Pub Co v Hancock [2009] 48 EG 108; establishment of important jurisdictional principles applicable to the Judgments Regulation and the enforcement in UK Courts of guarantees given by those resident elsewhere within the EU;
• Clarkson v Credit Agricole [2008] EWHC 41 (QB); Jonathan succeeded on important and novel grounds in resisting the enforcement in England of a French commercial creditor’s claim. This follows Jonathan’s recent success in the ground-breaking case of Carnegie v Elswood & Giessen & Ors [2005] EWCA 191, [2005] All ER (D) 22, in which the Court of Appeal established novel principles in transnational enforcement litigation as to the grant of charges denominated in foreign currency over English real property.

Jonathan is Chairman of the Chamber’s Property Law Group. His practice has for in excess of 15 years focused on the field of property and its associated areas including competition and insolvency. He acts for a large number of substantial public and private sector bodies, particularly in the development field, dealing with options, restrictive covenants, overage agreements and Land Registration issues. He has continued his work in the field of commercial landlord and tenant, and real property (including Capital Allowances Act matters) for local authorities. He has been heavily involved with multiparty proceedings between a variety of interconnected tenants and the country’s largest Pubco in proceedings involving a wide range of European Competition law issue.

Jonathan has recently been involved in advising the UK’s leading LBO as to issues arising in relation to its central administrative offices, in particular as to alterations, and user. He has recently acted for the country’s largest Managed Public House Estate in disputes concerning its central headquarters, as to services, repairs and maintenance and as to the quantification of losses flowing therefrom. He has succeeded in a major warehouse DIY retail outlet dilapidations claim, a claim for rescission of a contract for sale and development agreement relating to a multi-unit residential site in the north-east and in a breach of warranty claim arising out of a share sale agreement concerning a substantial business with property interests. Jonathan has been frequently instructed to advise and act upon Access to Neighbouring Land and Party Wall matters and has had an especial focus upon Telecommunications issues and in particular the property aspects of the Communications Act 2003.

Jonathan has a particular interest in trans-border disputes, especially international property trust disputes, and the application of competition and insolvency law to real property issues. He has extensive experience in the field of Registration under the Care Standards Act 2000 and previously the Registered Homes Act 1984, acting both for Health Authorities, Local Authorities and registered persons, from the Tribunal, to the High Court.

Jonathan has been an invited facilitator at the Property Litigation Association Annual Conference and CLT Property Litigation Seminar. He lectures widely and has appeared on television in relation to property matters.

Recent highlights in the field include:

• acting in the establishment of a national “Sale and Rent Back” enterprise.
• succeeding on appeal in proceedings in England turning on the arising out of the enforcement of EU mortgages
• succeeding in the Court of Appeal in proceedings brought by a major Pubco. in relation to a multiplicity of leasehold premises,
• recovering substantial damages in the TCC in a professional negligence action arising out of breaches of planning permission that necessitated demolition of new-build property,
• a large number of Party Wall Act proceedings on behalf of both building and adjoining owners,
• substantial commercial dilapidations claims,
• advisory work as to the effect of freehold restrictive covenants on multi-million pound commercial property developments,
• specific performance actions in commercial sale agreements,
• professional negligence and NHBC claims arising out of estate-wide property defects,
• property partnership disputes, both solvent and insolvent,
• non-contentious property partnership matters,
• property company shareholders’ actions,
• advising as to property issues arising in the context of the design, construction and installation of a major oil pipeline project,
• flooding consequent upon the development of neighbouring land,
• trust claims concerning both residential and commercial property,
• disputes over rights of way to development land,
• proceedings arising out of misrepresentation in commercial and residential sale agreements,
• nuisance affecting commercial property,
• environmental claims,
• disputes as to the construction of statutory provisions pertaining to the compensation payable upon the termination of business tenancies.

Representative Cases

• In Lambe v Saunders [Dec 2009] (Blake J) Jonathan succeeded in a professional negligence action against a planning consultant, in which helpful guidance as to the obligations and business practices of such professionals was given. 
• Rouf v Tragus & Café Rouge [2009] All ER (D) 29 (Jan) (Morgan J) Jonathan succeeded in resisting applications for interim relief raising important questions as to insolvency and disclaimer, especially in the context of jointly owned leases, and as to the effect of registration.
• In Clarkson v Credit Agricole [2008] EWHC 41 (QB) Jonathan succeeded on important and novel grounds in resisting the enforcement in England of a French mortgagee’s claim. 
• In the widely reported case of Anderson Antiques (UK) Limited v Anderson Wharf (Hull) Ltd & Philip Robert Akrill [2007] EWHC 2086 (Ch), Jonathan succeeded before Briggs J in both substantially
• In the case of Carnegie v Elswood & Giessen & Ors [2005] EWCA 191, [2005] All ER (D) 22, he succeeded in upholding before the Court of Appeal the validity of a charging order over real property
• widening the range of those to be found liable for the statutory tort under section 77 of the Land Registration Act 2002, and in obtaining novel relief at an interim stage of the proceedings.
• denominated in a foreign currency, a major development of general law application.
  
• Jonathan is currently acting in a substantial dispute over a major commercial and agricultural estate, turning on novel issues as to the interrelationship between the doctrine of proprietary estoppel and testamentary dispositions.
  
• Jonathan is currently acting in relation to a substantial dispute concerning a multiplicity of competing freehold and leasehold property rights determining the regeneration of a substantial commercial development site within the capital.
  
• Jonathan is currently acting in a major dispute arising in relation to the registration by the Land Registry of a number of allegedly void leases that raises novel and substantial issues as to statutory construction and the remedies thereof.
  
• Jonathan is currently instructed in proceedings arising out of the development of the RSC Theatre in Stratford upon Avon and its effect on adjoining land and waterways.
  
• Jonathan has just successfully concluded a long-running multi-party terminal dilapidations dispute raising novel issues as to liability and quantification.
  
• The current economic environment has led to his being instructed by both Claimants and Defendants in a multitude of property matters touching upon both insolvency and the professional negligence of solicitors, valuers and other professionals (and their insolvency).
• In Lambe v Saunders [Dec 2009] (Blake J) Jonathan succeeded in a professional negligence action against a planning consultant, in which helpful guidance as to the obligations and business practices of such professionals was given.
  
• Rouf v Tragus & Café Rouge [2009] All ER (D) 29 (Jan) (Morgan J) Jonathan succeeded in resisting applications for interim relief raising important questions as to insolvency and disclaimer, especially in the context of jointly owned leases, and as to the effect of registration.
  
• In Clarkson v Credit Agricole [2008] EWHC 41 (QB) Jonathan succeeded on important and novel grounds in resisting the enforcement in England of a French mortgagee’s claim.
  
• In the widely reported case of Anderson Antiques (UK) Limited v Anderson Wharf (Hull) Ltd & Philip Robert Akrill [2007] EWHC 2086 (Ch), Jonathan succeeded before Briggs J in both substantially widening the range of those to be found liable for the statutory tort under section 77 of the Land Registration Act 2002, and in obtaining novel relief at an interim stage of the proceedings.
  
• In the case of Carnegie v Elswood & Giessen & Ors [2005] EWCA 191, [2005] All ER (D) 22, he succeeded in upholding before the Court of Appeal the validity of a charging order over real property denominated in a foreign currency, a major development of general law application.
  

Jonathan has a dynamic professional negligence practice involving claims against solicitors, surveyors, architects, planning consultants, engineers, M&E consultants, Project Managers, fine art consultants and auctioneers, and clinicians.

Representative Cases

• J P Tupper Associates v Tom Pearson-Chisman & Ors (2011 Ch D (Kitchin J) 23/5/2011 LTL 23/5/2011; An appeal concerning important issues as to limitation in relation to allegedly negligent surveyors; joinder of parties, practice and procedure. 
• Lambe v Saunders LTL 14/12/09 (Blake J); Jonathan succeeded in a professional negligence action against a planning consultant, in which helpful guidance as to the obligations and business practices of such professionals was given.

Recent highlights further include:

• Continuing to act in a number of multiparty proceedings arising out of disputes concerning the residential redevelopment of Thames Valley industrial premises, concerning claims in respect of both strict land rights and professional negligence of solicitors (the latter of which have now been successfully resolved).
  
• Successfully resolving a professional negligence claim against solicitors for negligence advising co-purchasers of property as to the terms upon which the same was to be held.
  
• Succeeding in a claim for professional negligence, trespass and disruption to dockside and waterborne activities arising out of the RSC redevelopment in Stratford upon Avon.
  
• Succeeding in a long leaseholders’ claim against a landlord developer and the professionals involved in respect of issues arising out of the construction of a penthouse development above an extant mansion block.
  
• Succeeding in a professional negligence action against solicitors in respect of negligent drafting of rent review provisions in a lease.
  
• Acting for M&E engineers and consultants in relation to professional negligence claims arising out of a £1 million fit-out of luxury residential premises.
  
• Succeeding in a professional negligence action against solicitors in respect of negligent drafting of lease termination provisions, rendering the same un-mortgageable.
  
• Acting for allegedly negligent central-London fine art auctioneers.
  
• Acting for Defendant surveyors and Valuers and their insurers in resisting claims based on allegedly negligent surveys and valuations.
  
• Acting for Defendant surveyors in respect of allegedly negligent asbestos surveys.
  Succeeding in professional negligence claims against conveyancing solicitors in respect of negligent failure to ensure adequate access to residential premises.
  
• Professional negligence claims against solicitors arising out of the acquisition of Mayfair Mews premises and errors in the extent of the demise. 
  
• Succeeding in a claim for professional negligence, noise nuisance and trespass arising out of the operations of a rural clay pigeon shoot.
  
• Continuing claim for professional negligence, trespass, nuisance and disturbance of easements in relation to access to a 170-plot caravan site in Southern England.
  
• Acting in claim against allegedly negligent architects, engineers and project managers in respect of damp proofing of a commercial underground car park.
  
• Succeeding in claim against clinicians arising out of treatment of gall bladder disease.
  
• Acting for allegedly negligent motor vehicle tyre designers.
  
• Acting for allegedly negligent designers of the media systems of a flagship West End retail outlet.

Jonathan has extensive experience in acting in the most serious multiparty claims arising from the supply and manufacture of motor vehicle tyres, acting for both Claimants and Defendants and their insurers. Jonathan has recently advised in the structuring and drafting of international distribution agreements in the information and systems monitoring industry; he has acted in a series of disputes arising out of the supply of leading meteorological and weapons guidance systems in the defence field, battlefield communications systems, and in  multi-party claims arising out of defective water treatment systems; commercial tanking systems; crude oil drilling and production plant; combined heat and power plant; claims arising out of the supply of alcoholic beverages; international multi-party claims involving auricular implants, and claims concerning dermatological treatment systems and food products. 

Jonathan’s product liability practise includes particular focus on the fields of defence, technology (with particular emphasis on power generation) and food products.  

Jonathan also has extensive non-contentious expertise and has considerable experience of drafting leases, contractual leasing terms, DEFCON terms, IT equipment maintenance contracts (including recently of a television film studio facility), international distribution agreements in the information and systems monitoring industry, and partnership agreements.

Representative Cases

• Rechargeable Batteries; Jonathan acted in relation to the commercial safety and product recalls issues arising out of difficulties with various forms of rechargeable battery in consumer electronics equipment. 
  
• Combined Heat and Power Plants; Jonathan acted in the successful resolution of a substantial dispute concerning a series of industrial heat and power plants.
  
• Undersea Tidal Power generation systems; Jonathan continues to be involved in proceedings arising out of the transnational development of venturi-based systems.
  
• Food Products; Jonathan represented a national wholesale supplier to “Big Four” food retailers of imported food products in a dispute as top food safety and the commercial repercussions thereof.
  
• Battlefield Communications Systems.
  
• Tactical Meteorological Systems.
  
• Importation of Consumer Electronics; Litigation arising out of substantial wholesaling and importation agreements in relation to the supply of consumer electrical goods.
  

Jonathan has a flourishing practice in Telecommunications law. He has acted, advised and appeared in many matters relating to the supply of telecommunications systems and equipment, and the application of the Telecommunications Code in relation to inter alia disputes concerning the installation, maintenance and removal of telecommunications transmission equipment.  His clients have included state organisations, public utilities, a leading UK fixed line telecommunications provider, and substantial mobile telecommunications concerns including network resellers, together with Defence contractors both in the UK and abroad.

Representative Cases

• Telephonics Integrated Telephony Limited; claims and connected Ofcom investigation arising out of breaches of General Conditions of Entitlement and of service contracts; transfer “blocking” and abuse; the losses flowing therefrom.  
  
• Nexus Communications Ltd v Parrot Telecom Ltd (QBD); major commercial dispute between network resellers.
  
• Battlefield Telecommunications systems
  Jonathan advised on the commercial and regulatory issues arising in the procurement of a defence telecommunications system.
  
• Rechargeable Battery issues
  Jonathan acted in relation to the commercial safety and product recalls issues arising out of difficulties with various forms of rechargeable battery in telecommunications equipment. 
  
• Telecommunications Code Issues.
  Jonathan acted and advised in a number of disputes concerning the installation maintenance and removal of telecommunications transmission equipment.
• J P Tupper Associates v Tom Pearson-Chisman & Ors (2011 Ch D (Kitchin J) 23/5/2011 LTL 23/5/2011; An appeal concerning important issues as to limitation in relation to allegedly negligent surveyors; joinder of parties, practice and procedure.   
  
• Lambe v Saunders [Dec 2009] (Blake J); Jonathan succeeded in a professional negligence action against a planning consultant, in which helpful guidance as to the obligations and business practices of such professionals was given.
  
• Rouf v Tragus & Café Rouge [2009] All ER (D) 29 (Jan) (Morgan J); Jonathan succeeded in resisting applications for interim relief raising important questions as to insolvency and disclaimer, especially in the context of jointly owned leases, and as to the effect of registration.   
  
• Clarkson v Credit Agricole [2008] EWHC 41 (QB); Jonathan succeeded on important and novel grounds in resisting the enforcement in England of a French mortgagee’s claim.
  
• Anderson Antiques (UK) Limited v Anderson Wharf (Hull) Ltd & Philip Robert Akrill [2007] EWHC 2086 (Ch); Jonathan succeeded before Briggs J in both substantially widening the range of those to be found liable for the statutory tort under section 77 of the Land Registration Act 2002, and in obtaining novel relief at an interim stage of the proceedings.
  
• Carnegie v Elswood & Giessen & Ors [2005] EWCA 191, [2005] All ER (D) 22;  Jonathan succeeded in upholding before the Court of Appeal the validity of a charging order over real property denominated in a foreign currency, a major development of general law application.
  

• J P Tupper Associates v Tom Pearson-Chisman & Ors (2011 Ch D (Kitchin J) 23/5/2011 LTL 23/5/2011; An appeal concerning important issues as to limitation in relation to allegedly negligent surveyors; joinder of parties, practice and procedure.
• Lambe v Saunders [Dec 2009] (Blake J); Jonathan succeeded in a professional negligence action against a planning consultant, in which helpful guidance as to the obligations and business practices of such professionals was given. 
• Rouf v Tragus & Café Rouge [2009] All ER (D) 29 (Jan) (Morgan J); Jonathan succeeded in resisting applications for interim relief raising important questions as to insolvency and disclaimer, especially in the context of jointly owned leases, and as to the effect of registration.    
• Clarkson v Credit Agricole [2008] EWHC 41 (QB); Jonathan succeeded on important and novel grounds in resisting the enforcement in England of a French mortgagee’s claim. 
• Anderson Antiques (UK) Limited v Anderson Wharf (Hull) Ltd & Philip Robert Akrill [2007] EWHC 2086 (Ch); Jonathan succeeded before Briggs J in both substantially widening the range of those to be found liable for the statutory tort under section 77 of the Land Registration Act 2002, and in obtaining novel relief at an interim stage of the proceedings. 
• Carnegie v Elswood & Giessen & Ors [2005] EWCA 191, [2005] All ER (D) 22;  Jonathan succeeded in upholding before the Court of Appeal the validity of a charging order over real property denominated in a foreign currency, a major development of general law application.