Jonathan has a civil, commercial and public law practice, with a particular focus on insurance / reinsurance; professional liability; commercial and consumer law; and administrative law.  He has considerable experience in each of those fields and has appeared in numerous reported and important cases.

He is ranked as a leading silk in the legal directories, in the practice areas of insurance and reinsurance; professional negligence; public inquiries and inquests; and consumer law.  Recent comments in the directories include the following:

“He receives strong praise for his advocacy… provides careful, comprehensive advice in a timely manner, is particularly responsive and works in a collaborative manner.” (Chambers UK 2017, Insurance)

“[He] is just brilliant.  His written submissions are particularly strong, they are so well formulated that they become almost unanswerable.  His preparation is meticulous, he thinks like a judge.” (Chambers UK 2017, Public Inquiries and Inquests)

“Very incisive, he’s a strong advocate who delivers exceptionally prompt and well-thought through advice.” (Chambers UK 2017, Consumer Law)

“He displays a thorough approach to litigation.” (Legal 500 2016, Professional Negligence)

“There is no one who knows more about coronial law than he does.” (Legal 500 2016, Inquests and Inquiries)

“He is an excellent senior barrister in relation to all things insurance and coverage.” (Chambers UK 2016, Insurance)

“Urbane and has the confidence of the court.  He is a delight to work with and has an encyclopaedic knowledge of the law.”  “The master of reply when on his feet, he can deal with any oral submissions made…” (Chambers UK 2016, Public Inquiries and Inquests)

“A highly respected silk who is recognised for his abilities in both contentious and non-contentious consumer credit work.”  “He is absolutely excellent on trading standards work and judicial review claims.”  (Chambers UK 2016, Consumer Law)

 “He is bright and solution-oriented.  He has an ability to present arguments in a clear and concise way, both on paper and on his feet, and is a very effective advocate.” (Chambers UK 2015, Insurance)

“He’s very impressive… strengths are thorough presentation, attention to detail and ability to react quickly to changing circumstances.” (Chambers UK 2015, Public Inquiries and Inquests)

“He has an ability to get to the root of issues”; “A steady hand and… incredibly hard working” (Chambers UK 2015, Consumer Law)

“Extremely impressive.” (Legal 500 2014, Administrative and Public Law)

“Very accessible and responsive.” (Legal 500 2014, Insurance and Reinsurance)

In the area of insurance law, he acts for a range of major insurers, reinsurers and underwriting agencies in litigation and arbitration.  He also has experience in advising on, and drafting, policy wordings, agency agreements, binding authority agreements, etc.  He has particular expertise in the following classes of risk: general commercial liability (EL/PL/Products); property; motor; professional indemnity; legal expenses; trade credit; D&O; title insurance; personal accident / disablement; and financial risk. 

His professional liability practice covers a range of professions, including lawyers, insurance professionals, surveyors and financial professionals.  He is very experienced in substantial litigation for and against professionals, and in related insurance matters.

He has broad experience of commercial dispute resolution in a wide range of business fields, including international work.  In addition, he has particular expertise in consumer law, consumer credit and financial regulation.

In the field of public and administrative law, he has acted for public and private bodies in judicial review claims.  His work includes local government, commercial regulation and professional discipline.  He is also well known for his work in inquests and public inquiries.  As well as appearing in many reported cases in the Administrative Court and Court of Appeal, he has appeared as counsel to the inquiry in various important inquests.  He was leading counsel to the inquiry in the Hillsborough Stadium Disaster inquests, appointed by Lord Justice Goldring.  He was also counsel to the inquiry in the inquests concerning: the death of Diana, Princess of Wales; the shooting of Jean-Charles de Menezes; the Potters Bar and Grayrigg rail disasters; and the explosion on HMS Tireless (nuclear submarine).  He is currently acting for a major insurer in the Independent Inquiry into Child Sexual Abuse.

Areas of Expertise

Commercial
Download

Jonathan has considerable experience of a wide range of business disputes, from financial and professional services to heavy industry.  His work in this area overlaps with his practice in insurance, consumer credit / financial regulation and professional liability.  He is experienced in jurisdictional disputes and claims for urgent interim relief.

 

Cases

Business dispute over IT platform

Acting for an insurance underwriting agency in litigation over its entitlement to continued use of its bespoke IT and...

Business dispute over IT platform

Acting for an insurance underwriting agency in litigation over its entitlement to continued use of its bespoke IT and claims platform; injunctive proceedings (2015).

PM Law Ltd v Motorplus Ltd

Acting for the defendant insurance underwriting agency in claims by solicitors put at over £8 million and arising fr...

[2016] 1 Costs LR 143
[2016] 1 Costs LR 143
PM Law Ltd v Motorplus Ltd

Acting for the defendant insurance underwriting agency in claims by solicitors put at over £8 million and arising from legal expenses insurance schemes.  In early 2016, Jonathan appeared successfully in an application to strike out claims of over £3 million.  The application raised novel arguments based on agency and unjust enrichment.

Arbitrations between Claims Managers and Solicitors

In 2013-14, Jonathan acted in multiple seven-figure arbitral claims brought by an accident management company against...

Arbitrations between Claims Managers and Solicitors

In 2013-14, Jonathan acted in multiple seven-figure arbitral claims brought by an accident management company against various panel firms of solicitors.

Renold Power Transmission Ltd v Holroyd Precision Ltd (2013-14)

Click to read description

Renold Power Transmission Ltd v Holroyd Precision Ltd (2013-14)

A substantial fire claim arising from allegedly negligent design of a fire suppression system for industrial grinding machines.

Insurance Distribution Agreement Dispute

Acting for one of the UK’s largest general insurance companies on an eight-figure claim arising from an insuran...

Insurance Distribution Agreement Dispute

Acting for one of the UK’s largest general insurance companies on an eight-figure claim arising from an insurance distribution agreement with a major retail company (2012-13).

C v D

A dispute over a large property transaction.  The appeal concerned the entitlement of a defendant to accept a Part 3...

[2012] 1 WLR 1962
[2012] 1 WLR 1962
C v D

A dispute over a large property transaction.  The appeal concerned the entitlement of a defendant to accept a Part 36 offer.  It decided important questions on the provisions of Part 36, including whether it was possible to make a time-limited Part 36 offer.

Network Rail Infrastructure Ltd v Conarken Group Ltd

Appeal in test cases which concerned the obligation of insurers to pay very large claims for the financial consequenc...

[2012] 1 All ER (Comm) 692
[2012] 1 All ER (Comm) 692
Network Rail Infrastructure Ltd v Conarken Group Ltd

Appeal in test cases which concerned the obligation of insurers to pay very large claims for the financial consequences of damage to the railway infrastructure.  The appeal is an important authority in the law of remoteness of damage in tort.

Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd

A dispute between a leading underwriting agency and its capacity provider concerning revocation of binding authority ...

[2009] Lloyd's Rep IR 544
[2009] Lloyd's Rep IR 544
Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd

A dispute between a leading underwriting agency and its capacity provider concerning revocation of binding authority and the run-off of a Binder.  The arbitration was the subject of appeals to the High Court (Beatson J) and the Court of Appeal.  Jonathan also acted in separate but similar proceedings for the same agency against a second capacity provider.

Insurance & Reinsurance
Download

Jonathan’s practice covers insurance and reinsurance of most classes of risk, including general commercial liability (EL/PL/products); professional indemnity; property; motor; legal expenses; trade credit; D&O; property title; personal accident / disablement; financial risk; cyber risks.

He regularly advises on, and acts in, substantial coverage disputes and in business disputes between insurers, underwriting agencies and reinsurers. He acts for insurers in substantial subrogated actions to recover their outlay.  Non-contentious work includes drafting policy wordings and other contractual documents, including binding authority agreements.  He is familiar with regulatory obligations of insurers and intermediaries under FSMA 2000 / ICOBS and with advising on the FOS jurisdiction (including challenges).  He also advises professionals on indemnity insurance issues, including notifications and coverage.

He is recommended by Chambers UK as a leading silk in this field.  Comments in recent editions include the following:

“Takes on the full spectrum of coverage disputes, handling both litigation and arbitration cases, and is also regularly instructed in disputes between insurers and reinsurers.  He receives strong praise for his advocacy skills and his ability to remain contactable despite his heavy workload….   ‘He provides careful, comprehensive advice in a timely manner, is particularly responsive and works in a collaborative manner.’  ‘He just makes everything easy for you.  You ask him something and you get chapter and verse action points – it’s amazing.’” (Chambers UK 2017 – Insurance)

“He is an excellent senior barrister in relation to all things insurance and coverage.”  “Frequently acts in both litigation and arbitration concerning coverage issues, as well as in disputes between insurers and reinsurers.” (Chambers UK 2016, Insurance)

“Has a highly focused insurance practice that one solicitor described as being ‘consistently outstanding.’  Interviewees highlighted the excellence of his advice, and his responsiveness in the face of a heavy caseload.” (Chambers UK 2015)

“Receives praise across the board for his insurance and reinsurance knowledge, responsiveness and versatility.” (Chambers UK 2014)

“Very accessible and responsive.” (Legal 500 2014)

“Very effective advocate.” (Legal 500 2013)

Cases

Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance SA

Click to read description

[2016] Lloyd's Rep IR 578; [2017] NSWSC 259
[2016] Lloyd's Rep IR 578; [2017] NSWSC 259
Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance SA

A multi-jurisdictional product liability / professional indemnity coverage dispute under Global Policies and a local Australian liability policy.  The case arose out of a claim against the insured in arbitration concerning the failure of a large piece of mining equipment.  Jonathan appeared in Commercial Court proceedings concerning jurisdiction / anti-suit injunction: [2016] Lloyd’s Rep IR 578.  He also appeared successfully in the trial of the action in the Commercial Court in Sydney: [2017] NSWSC 259.

PM Law Ltd v Motorplus Ltd

A dispute between a legal expenses underwriting agency and panel solicitors involving claims totalling over £8 milli...

[2016] 1 Costs LR 143
[2016] 1 Costs LR 143
PM Law Ltd v Motorplus Ltd

A dispute between a legal expenses underwriting agency and panel solicitors involving claims totalling over £8 million.  Jonathan successfully applied for summary judgment and to strike out a substantial portion of the claims, defeating novel arguments based on unjust enrichment and agency.

Coles v Hetherton

Appearing successfully for Royal & Sun Alliance in lead case litigation in the Commercial Court and Court of Appe...

[2015] 1 WLR 160
[2015] 1 WLR 160
Coles v Hetherton

Appearing successfully for Royal & Sun Alliance in lead case litigation in the Commercial Court and Court of Appeal.  The dispute concerned the commercial model by which RSA handled and pursued subrogated motor claims.  It raised issues as to the proper analysis of vehicle damage claims and insurance subrogation, and had major financial ramifications in the motor insurance market.

Network Rail Infrastructure Ltd v Conarken Group Ltd

Appeal in test cases which concerned the obligation of insurers to pay very large claims for the financial consequenc...

[2012] 1 All ER (Comm) 692
[2012] 1 All ER (Comm) 692
Network Rail Infrastructure Ltd v Conarken Group Ltd

Appeal in test cases which concerned the obligation of insurers to pay very large claims for the financial consequences of damage to the railway infrastructure.  The appeal is an important authority in the law of remoteness of damage in tort.

Persimmon Homes Ltd v Great Lakes Reinsurance (UK) plc

A coverage dispute in which a commercial litigant challenged the decision of a legal expenses insurer to avoid an ATE...

[2010] Lloyd's Rep IR 101
[2010] Lloyd's Rep IR 101
Persimmon Homes Ltd v Great Lakes Reinsurance (UK) plc

A coverage dispute in which a commercial litigant challenged the decision of a legal expenses insurer to avoid an ATE policy based on allegations and findings of dishonesty in the underlying litigation.

Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd

A dispute between a leading underwriting agency and its capacity provider concerning revocation of binding authority ...

[2009] Lloyd's Rep IR 544
[2009] Lloyd's Rep IR 544
Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd

A dispute between a leading underwriting agency and its capacity provider concerning revocation of binding authority and the run-off of a Binder.  The arbitration was the subject of appeals to the High Court (Beatson J) and the Court of Appeal.  Jonathan also acted in separate but similar proceedings for the same agency against a second capacity provider.

Coverage Dispute concerning Cyber Attack

Jonathan acted for a large consumer electronics company in multiple claims against insurers arising out of a major cy...

Coverage Dispute concerning Cyber Attack

Jonathan acted for a large consumer electronics company in multiple claims against insurers arising out of a major cyber intrusion.  First, he acted in 2015 in a coverage arbitration concerning litigation costs of foreign group litigation.  Secondly, he acted in a seven-figure claim under business interruption insurance (2016-17).

HomeServe plc v Royal & Sun Alliance Insurance plc (2013-14)

Click to read description

HomeServe plc v Royal & Sun Alliance Insurance plc (2013-14)

A £16 million professional indemnity insurance coverage dispute in Commercial Court proceedings.  The dispute concerned coverage for mitigation costs arising out of an FSA-mandated consumer remediation exercise.

West Ham United FC v QBE Insurance

A Commercial Court claim in 2011 for £6 million under a personal disablement insurance relating to a training injur...

West Ham United FC v QBE Insurance

A Commercial Court claim in 2011 for £6 million under a personal disablement insurance relating to a training injury of an England first team football player.  Jonathan acted for the insurance market in the litigation.

Mopani Copper Mines plc v Emerald Insurance Ltd

Acting for a Glencore subsidiary in a US$ 6 million dispute with South African and Mauritian insurers relating to a p...

Mopani Copper Mines plc v Emerald Insurance Ltd

Acting for a Glencore subsidiary in a US$ 6 million dispute with South African and Mauritian insurers relating to a property risk in Zambia.  The case raised complex issues of enforceability of a cut-through agreement with reinsurers.  In Commercial Court proceedings, reinsurers initially raised jurisdictional challenges which they abandoned at the last moment.  The dispute was settled before trial.

Acting for Insurers in Credit Hire Litigation

Acting for motor insurers in a series of appeals in the Court of Appeal and House of Lords concerning accident manage...

Acting for Insurers in Credit Hire Litigation

Acting for motor insurers in a series of appeals in the Court of Appeal and House of Lords concerning accident management and credit hire / repair schemes.  Reported cases include: Burdis v Livsey [2003] QB 36; Lagden v O’Connor [2004] AC 1067; Thew v Cole [2004] RTR 25; Purushothaman v Malik [2012] RTR 21; Singh v Yaqubi [2013] Lloyd’s Rep IR 398; Opoku v Tintas [2013] EWCA Civ 1299; McBride v UK Insurance / Clayton v EUI [2017] EWCA Civ 144.  Also acted for the ABI in proceedings before the OFT and CAT concerning the industry protocol for settlement of credit hire claims.  Recently, advised motor insurers in relation to the CMA investigation into the industry.

Norwich Union v Joyce

A claim by Norwich Union / Aviva to recover substantial sums paid many years previously to a third party claimant in...

[2011] EWCA Civ 1031
[2011] EWCA Civ 1031
Norwich Union v Joyce

A claim by Norwich Union / Aviva to recover substantial sums paid many years previously to a third party claimant in a personal injury claim, based on discovery of evidence that the claim had been dishonest.  Jonathan successfully acted for Aviva in the trial and resisted permission to appeal.  He then also acted in successful enforcement proceedings involving tracing claims in relation to various investment properties.

Thakerar v Lloyds TSB Insurance

A successful strike-out application in claims by an individual to be indemnified by various legal expenses insurers i...

[2012] EWHC 1875 (Comm)
[2012] EWHC 1875 (Comm)
Thakerar v Lloyds TSB Insurance

A successful strike-out application in claims by an individual to be indemnified by various legal expenses insurers in respect of multiple unsuccessful professional liability claims against solicitors.

Professional Liability
Download

Jonathan is ranked by Legal 500 as a leading silk in the field of professional negligence.  The latest edition of the directory says that “he displays a through approach to litigation.”

He has considerable experience in professional liability claims against a range of different types of professional, including lawyers, financial services professionals, insurance professionals and surveyors.  He also has some experience of acting in litigation against construction professionals and in clinical negligence proceedings.

Professional indemnity insurance disputes concerning a wide range of professionals form a significant part of his insurance practice, and he has drafted professional indemnity policy wordings for insurers.

He is an editor of the current edition of Jackson & Powell on Professional Liability.

Financial Services Professionals

Jonathan is instructed in relation to disputes concerning a wide range of financial professionals (including IFAs, pension providers, SIPP providers, fund managers, financial risk insurers).  He is very familiar with the statutory and regulatory framework established under FSMA 2000 and with numerous products and types of claim.  He has experience of various forms of tax mitigation scheme (e.g. film schemes, enterprise zone schemes, tech schemes and charity shell schemes).  He regularly advises PI insurers of financial professionals on coverage and liability.

Cases

Denning v Greenhalgh Financial Services

Successful strike-out and summary judgment for the defendant IFAs in a claim alleging failure to identify and advise ...

[2017] EWHC 143 (QB)
[2017] EWHC 143 (QB)
Denning v Greenhalgh Financial Services

Successful strike-out and summary judgment for the defendant IFAs in a claim alleging failure to identify and advise upon errors of predecessor IFA in recommending pension transfer (DB-DC).  The case raised significant issues about the duty of care of an IFA and the ambit of a standard retainer.

Parkinson Engineering Services v Swan and Yeldon

A claim against insolvency practitioners for allegedly negligent handling of the administration of a manufacturing bu...

[2010] PNLR 17
[2010] PNLR 17
Parkinson Engineering Services v Swan and Yeldon

A claim against insolvency practitioners for allegedly negligent handling of the administration of a manufacturing business.  The appeal raised significant issues concerning attempts to re-cast the claim after expiry of limitation.

Advising PI Insurers of SIPP Providers (2016-17)

Advising the PI insurance market on issues of legal liability and regulatory obligations of SIPP providers arising fr...

Advising PI Insurers of SIPP Providers (2016-17)

Advising the PI insurance market on issues of legal liability and regulatory obligations of SIPP providers arising from investments introduced through unregulated introducers (as well as advice on coverage and attachment).

James Hay Pension Trustees Ltd v BFFM (2012)

Acting for an IFA in extensive and complex claims by a wealthy private individual concerning serial errors (and fraud...

James Hay Pension Trustees Ltd v BFFM (2012)

Acting for an IFA in extensive and complex claims by a wealthy private individual concerning serial errors (and fraudulent concealment of those errors) in execution of trades in unit trusts, investment trusts and equities.

Insurance Brokers & Agents

Jonathan acts for policyholders, brokers and insurers in disputes over the adequacy of cover arranged by brokers, advice given on insurance programmes and notifications of claims.  He also acts in disputes between underwriting agents / coverholders and their capacity providers.  His work in this field often overlaps with his general insurance/reinsurance practice, in which he is ranked as a leading silk.  He is experienced in a wide range of classes of risk and is very familiar with the regulatory framework governing insurance intermediaries.

 

Cases

Ahli United Bank (UK) plc v Willis Ltd

Representing a Middle Eastern Bank in a US$20 million claim against its brokers arising out of placing of professiona...

Ahli United Bank (UK) plc v Willis Ltd

Representing a Middle Eastern Bank in a US$20 million claim against its brokers arising out of placing of professional indemnity insurance.  The bank had been held liable for advice given in relation to an Islamic investment fund.  Its insurance claim  was rejected on the basis of a retroactive date clause, and it claimed against brokers for failing to procure effective cover and failing to advise about the effect of policy provisions.  The case was settled in 2010 during trial before Hamblen J.

Transtek v Aviva and Portishead Insurance Services

Acting in a seven-figure property and BI coverage dispute arising from a fire claim which raised significant issues a...

Transtek v Aviva and Portishead Insurance Services

Acting in a seven-figure property and BI coverage dispute arising from a fire claim which raised significant issues as to information passing between brokers and insurers, and as to brokers’ duties to advise on disclosure obligations.  The claim was abandoned against Jonathan’s client at a late stage.

Williams v Iron Trades Insurance and BPW

Acting for a motor repair company in litigation against its public liability insurers and its brokers.  Issues conce...

Williams v Iron Trades Insurance and BPW

Acting for a motor repair company in litigation against its public liability insurers and its brokers.  Issues concerned whether the insurers had been entitled to decline cover for a large fatal accident claim and, if so, whether brokers should have advised on claims notification and/or made a notification.  The action was settled at mediation.

Re T&C Scaffolding

Advising a scaffolding company in relation to potential claims against its brokers for failing to advise on claims co...

Re T&C Scaffolding

Advising a scaffolding company in relation to potential claims against its brokers for failing to advise on claims conditions after insurers  had declined cover in respect of a catastrophic injury claim.

PM Law Ltd v Motorplus Ltd

A dispute between a legal expenses underwriting agency and panel solicitors involving claims totalling over £8 milli...

[2016] 1 Costs LR 143
[2016] 1 Costs LR 143
PM Law Ltd v Motorplus Ltd

A dispute between a legal expenses underwriting agency and panel solicitors involving claims totalling over £8 million.  Jonathan successfully applied for summary judgment and to strike out a substantial portion of the claims, defeating novel arguments based on unjust enrichment and agency.

Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd

A dispute between a leading underwriting agency and its capacity provider concerning revocation of binding authority ...

[2009] Lloyd's Rep IR 544
[2009] Lloyd's Rep IR 544
Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd

A dispute between a leading underwriting agency and its capacity provider concerning revocation of binding authority and the run-off of a Binder.  The arbitration was the subject of appeals to the High Court (Beatson J) and the Court of Appeal.  Jonathan also acted in separate but similar proceedings for the same agency against a second capacity provider.

Lawyers

Jonathan has considerable experience in professional liability claims against solicitors and barristers arising in a variety of professional contexts including, for example, lost litigation, conveyancing (including lender claims), commercial drafting.  He also regularly advises on lawyers’ indemnity insurance, including notifications of circumstances and claims and on policy coverage.

 

Cases

NRAM v Eversheds (2015-17)

Acting for the defendant firm of solicitors in a £120 million claim based on allegedly negligent advice on credit do...

NRAM v Eversheds (2015-17)

Acting for the defendant firm of solicitors in a £120 million claim based on allegedly negligent advice on credit documentation and the effects of the Consumer Credit Acts and supplementary regulations.

Baxendale-Walker v APL and Taylors (2015-17)

Proceedings brought by the claimant borrower challenging the enforceability of a £6 million debt under a secured loa...

Baxendale-Walker v APL and Taylors (2015-17)

Proceedings brought by the claimant borrower challenging the enforceability of a £6 million debt under a secured loan.  Jonathan is acting for the solicitors in third party proceedings brought by the lender for an indemnity in respect of their drafting of loan documentation.  He appeared successfully at the trial of the action in 2016.

Tavoulareas v Keates Ferris (2015-16)

Acting for commercial solicitors in a US$4.7 million lost litigation claim arising from a multi-jurisdictional shippi...

Tavoulareas v Keates Ferris (2015-16)

Acting for commercial solicitors in a US$4.7 million lost litigation claim arising from a multi-jurisdictional shipping dispute.  The claim settled in mediation.

Ashfield Nominees v Brook et al (2013)

Acting for a QC in professional negligence proceedings concerning advice given on limitation periods relating to Coun...

Ashfield Nominees v Brook et al (2013)

Acting for a QC in professional negligence proceedings concerning advice given on limitation periods relating to Council Tax Liability Orders.  The claim was ultimately abandoned as against Jonathan’s client.

Platform Funding Ltd v Miller Parris Solicitors

A claim by lenders against solicitors for negligent failure to advise on arguable meanings of restrictive covenants ...

[2012] 2 P&CR DG7
[2012] 2 P&CR DG7
Platform Funding Ltd v Miller Parris Solicitors

A claim by lenders against solicitors for negligent failure to advise on arguable meanings of restrictive covenants in a residential lease.  Jonathan acted for the solicitors.

Baxendale-Walker v Middleton and ors

A claim by a former solicitor and successful businessman alleging conspiracy and fraud against regulators.  Jonathan...

[2011] EWHC 998 (QB)
[2011] EWHC 998 (QB)
Baxendale-Walker v Middleton and ors

A claim by a former solicitor and successful businessman alleging conspiracy and fraud against regulators.  Jonathan acted for the Solicitors Disciplinary Tribunal and its former President in a substantial and successful strike-out application.

Reunion Finance v Richards Solicitors (2009)

A £4 million claim against solicitors concerning allegedly negligent conduct of professional negligence proceedings ...

Reunion Finance v Richards Solicitors (2009)

A £4 million claim against solicitors concerning allegedly negligent conduct of professional negligence proceedings which arose (indirectly) from the defective drafting of standard-form loan agreements.

Surveyors & Valuers

Jonathan has experience of advising and acting in claims against surveyors and valuers concerning domestic and residential property, including property portfolios.  His work in this area has included disputes concerning the accuracy of valuations and the reliability of surveys.  He is familiar with surveyors’ professional indemnity insurance and issues arising with insurers, such as late notification, allegations of dishonesty and aggregation of claims.

Public Law and Human Rights
Download

Jonathan has a wide range of experience in public and administrative law, advising and acting for public bodies, companies and private individuals in judicial review claims.  He has almost unrivalled experience and expertise in the law relating to coroners and inquests.  His broader public law experience extends to matters of local government finance, transport regulation, illegal trading, financial and professional regulation.

He is recommended by both Chambers UK and the Legal 500 as a leading silk in the field of public inquiries and inquests.

Comments in recent editions of the directories include the following:

“Recommended for his phenomenally deep knowledge of coronial law.  He offers expert advice to coroners on all aspects of inquests and is regularly called upon to handle the most high-profile cases… ‘He is the oracle for inquest work, he is just brilliant.  His written submissions are particularly strong, they are so well formulated that they become almost unanswerable.  His preparation is meticulous, he thinks like a judge.’” (Chambers UK 2017, Public Inquiries and Inquests – band 1 leading silk)

“Urbane and has the confidence of the court.  He is a delight to work with and has an encyclopaedic knowledge of the law.”  “The master of reply when on his feet, he can deal with any oral submissions made…” (Chambers UK 2016, Public Inquiries and Inquests)

“He’s very impressive, partly because he applies the law in a practical way”; “His strengths are his thorough preparation, attention to detail and ability to react quickly to changing circumstances”; “Has a strong reputation for his consummate expertise in coronial law” (Chambers UK 2015, Inquiries)

“He is assiduous, covers every angle and looks out for the client’s interests at every turn.” (Chambers UK 2014, Inquiries)

“There is no one who knows more about coronial law than him” (Legal 500 2016, Public Inquiries and Inquests)

“Experienced in acting as counsel to the inquiry in high-profile inquests” (Legal 500 2015, Public Inquiries and Inquests)

“Extremely impressive.” (Legal 500 2014, Administrative and Public Law)

He has appeared in several important cases on the scope and application of Convention Rights.  For example, he appeared for the successful intervening insurers in the House of Lords in Wilson v First County Trust [2004] AC 816, the leading case on the compatibility of domestic consumer credit law with the ECHR.  He also appeared in the case which decided that domestic law of self defence is compatible with Article 2 of the ECHR (R (Bennett) v HM Coroner for Inner South London [2006] HRLR 22) and in the case which set the balance between a news organisation’s source protection rights and the need for thorough public inquiry by a tribunal.  He is acting in landmark proceedings concerning the circumstances in which a person in hospital intensive care is “deprived of liberty” under Article 5 of the ECHR: R (LF) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31.

Jonathan is top-ranked by Chambers directory in the field of inquiries and inquests.  He has acted as counsel to the inquiry in the inquests concerning: the Hillsborough Disaster (Lord Justice Goldring); the death of Princess Diana (Lord Justice Scott Baker); the shooting of Jean-Charles de Menezes (Sir Michael Wright); the Potters Bar Rail Disaster (HH Judge Baker QC); the Grayrigg Derailment; the explosion on HMS Tireless (nuclear submarine); the fatal shooting of PC Terry in firearms training; the killing of Sabina Akhtar; the death of Dale Burns (following designer drug use and police Taser applications).  He appeared for the MOD in the Bloody Sunday Inquiry.  He is now appearing for a major insurer in the Independent Inquiry into Child Sexual Abuse.

Jonathan has appeared in over 30 reported judicial review claims against coroners in the Administrative Court and Court of Appeal.

 

Cases

R (Ferreira) v HM Senior Coroner for Inner South London

Landmark case concerning Article 5 rights in the context of hospital intensive care.  The first case to consider the...

[2017] EWCA Civ 31
[2017] EWCA Civ 31
R (Ferreira) v HM Senior Coroner for Inner South London

Landmark case concerning Article 5 rights in the context of hospital intensive care.  The first case to consider the circumstances in which a person is “deprived of liberty” in an ICU.  Jonathan appeared in the Divisional Court and Court of Appeal for the coroner whose decision on the issue was upheld at both levels.

Hillsborough Disaster Inquests and related litigation

Acting as counsel to the inquiry, appointed by Lord Justice Goldring, in these historic inquests from 2013 to 2016. ...

Hillsborough Disaster Inquests and related litigation

Acting as counsel to the inquiry, appointed by Lord Justice Goldring, in these historic inquests from 2013 to 2016.  Jonathan was responsible for the legal argument on behalf of the inquiry team and examined half the key witnesses.  He advised the Judge on public law issues and acted for him as an interested party in a JR claim by police officers against a PCC’s funding decision: R (Duckenfield) v SYPCC [2015] EWHC 3149 (Admin).

Inquest into the Death of Diana, Princess of Wales, and related litigation

Click to read description

Inquest into the Death of Diana, Princess of Wales, and related litigation

Acting as counsel to the inquiry in the inquests into the deaths of Diana, Princess of Wales, and Dodi Al Fayed.  He appeared for the coroners, Lord Justice Scott Baker and Lady Butler-Sloss in all the satellite litigation: R (Paul) v HM Coroner for the Queen’s Household [2008] QB 172; HM Asst Deputy Coroner v Channel 4 TV Corp. [2008] 1 WLR 945; R (Paul) v HM Asst Deputy Coroner for Inner West London [2008] 1 WLR 1335; R (Al Fayed) v HM Asst Deputy Coroner for Inner West London [2008] EWHC 713 (Admin).

Inquest into the death of Jean-Charles de Menezes and related litigation

Click to read description

Inquest into the death of Jean-Charles de Menezes and related litigation

Acting as counsel to the inquiry in the inquest into the shooting of Jean-Charles de Menezes by firearms officers.  Jonathan successfully resisted the challenge to the coroner’s initial decision to adjourn the inquest pending criminal proceedings: R (Pereira) v HM Coroner for Inner South London [2007] 1 WLR 3256.  He also successfully resisted an urgent judicial review challenge to Sir Michael Wright’s jury directions: R (de Menezes) v Asst Deputy Coroner [2008] EWHC 3356 (Admin).

Inquests into the Potters Bar Rail Disaster

Acting as counsel to the inquiry in these major inquests into one of the worst rail disasters in recent UK history. ...

Inquests into the Potters Bar Rail Disaster

Acting as counsel to the inquiry in these major inquests into one of the worst rail disasters in recent UK history.  Over the two-month inquests hearing, Jonathan examined a large number of the key witnesses.

Worcestershire CC v HM Coroner for Worcestershire

Appearing successfully in this case which established a coroner’s right to obtain from a Local Safeguarding Chi...

[2013] PTSR D41
[2013] PTSR D41
Worcestershire CC v HM Coroner for Worcestershire

Appearing successfully in this case which established a coroner’s right to obtain from a Local Safeguarding Children Board the reports prepared in a Serious Case Review into the death of a child.  The case was of such importance as to result in a Chief Coroner’s Law Sheet being published about it.

R (The Green Transport Co Ltd) v West Midlands Integrated Transport Authority

Click to read description

[2013] EWHC 2834 (Admin)
[2013] EWHC 2834 (Admin)
R (The Green Transport Co Ltd) v West Midlands Integrated Transport Authority

A judicial review challenge by a West Midlands bus company to a concessionary reimbursement scheme and decisions of an Integrated Transport Authority.  The judgement is the leading authority on the interpretation and application of important provisions of the statutory scheme for concessionary reimbursement of bus operators.

R (Crookenden) v ICAEW

Judicial review claim against the national professional association for accountants, raising serious issues of subst...

[2013] EWHC 1909 (Admin)
[2013] EWHC 1909 (Admin)
R (Crookenden) v ICAEW

Judicial review claim against the national professional association for accountants, raising serious issues of substantive and procedural unfairness in professional disciplinary proceedings.

R (Lewis) v HM Coroner for Shropshire

Leading case on standards of causation in coroners’ narrative verdicts in Article 2 inquests.  Jonathan succes...

[2010] 1 WLR 1836
[2010] 1 WLR 1836
R (Lewis) v HM Coroner for Shropshire

Leading case on standards of causation in coroners’ narrative verdicts in Article 2 inquests.  Jonathan successfully resisted the claim and appeal, the Court of Appeal holding that the state’s procedural obligation under Article 2 does not require a coroner’s inquests to make findings on matters which were not causally relevant to death.

London Borough of Southwark v Sanli and Bankside Catering Ltd

Click to read description

[2011] EWHC 3085 (QB)
[2011] EWHC 3085 (QB)
London Borough of Southwark v Sanli and Bankside Catering Ltd

Acting successfully for a local authority in proceedings to claim injunctions prohibiting illegal street trading by an organised group in the Bankside area of London.  Jonathan later acted successfully in a similar claim by another local authority against the same group, which had by then moved to a different part of London: Lambeth LBC v Sanli and Meli [2012] EWHC 1623 (QB).

Judicial Reviews of Porton Down Nerve Agent Experiments Inquests

Click to read description

Judicial Reviews of Porton Down Nerve Agent Experiments Inquests

Jonathan advised the Wiltshire coroner on the inquest concerning the nerve agents experiments at the MOD Porton Down facility in the 1950s.  He appeared for the coroner in both judicial review challenges to the inquest.  See R (MOD) v HM Coroner for Wiltshire and Swindon [2006] 1 WLR 134 and [2006] Inquest LR 32.

McDonnell v HM Assistant Coroner for West London

Successfully resisting a challenge to the conclusions of a coroner in a complex death in hospital inquest.

[2017] ACD 1
[2017] ACD 1
McDonnell v HM Assistant Coroner for West London

Successfully resisting a challenge to the conclusions of a coroner in a complex death in hospital inquest.

Consumer Credit
Download

Jonathan has special expertise in consumer credit law and has appeared in a number of important reported cases (in the Court of Appeal and House of Lords) in this field.  He regularly advises on consumer credit agreements and credit schemes in various commercial contexts.

He is one of very few ranked by Chambers UK Bar directory as a leading silk in the field of consumer law, and is recommended with particular reference to consumer credit.  Recent comments in the directory include:

“Well versed in consumer credit matters, he provides representation for financial entities and their clients, and is an expert on consumer credit agreements and documentation… ‘He has an excellent way of making the complicated understandable.’  ‘Very incisive, he’s a strong advocate who delivers exceptionally prompt and well thought-through advice.’” (Chambers UK 2017, Consumer Law)

“A highly respected silk who is recognised for his abilities in both contentious and non-contentious consumer credit work.” (Chambers UK 2016, Consumer Law)

“An expert in consumer credit and credit hire matters”; “If anything is a bit out of the ordinary, he is the man to go to.  He has an ability to get to the root of issues”; “A steady hand and someone who is incredibly hard-working” (Chambers UK 2015, Consumer Law)

“[C]omes to greatest market attention for his command of consumer law, in which role he often advises financial institutions”; “A highly responsive barrister who gives clear, succinct advice… a methodical and persuasive advocate” (Chambers UK 2014, Consumer Law)

Cases

Wilson v First County Trust

One of the most important House of Lords authorities in the field of consumer credit, and the case which decided tha...

[2004] AC 816
[2004] AC 816
Wilson v First County Trust

One of the most important House of Lords authorities in the field of consumer credit, and the case which decided that UK domestic consumer credit law was compatible with the ECHR (Article 6 and A1P1).  The case also raised important issues of restitutionary remedies being sought to circumvent statutory bars on enforcement.  Jonathan appeared for intervening insurers, whose arguments were accepted on all issues.

Southern Pacific Mortgage Ltd v Heath

Leading Court of Appeal authority on the enforceability of “top up” mortgage agreements and on “mul...

[2010] 2 WLR 1081
[2010] 2 WLR 1081
Southern Pacific Mortgage Ltd v Heath

Leading Court of Appeal authority on the enforceability of “top up” mortgage agreements and on “multiple agreements” under the CCA 1974.  Jonathan appeared for the successful mortgage lender in the appeal.

Advising Specialist Lender on Consumer Credit Act Issues

Advising a large specialist lender on commercial issues concerning consumer credit legislation, including potential l...

Advising Specialist Lender on Consumer Credit Act Issues

Advising a large specialist lender on commercial issues concerning consumer credit legislation, including potential liabilities for defaults of third party introducers under section 75, CCA 1974; and credit brokerage licensing under the FSMA Regulated Activities Order.

Acting for Insurers in Credit Hire Litigation

Acting for motor insurers in a series of appeals in the Court of Appeal and House of Lords concerning accident manage...

Acting for Insurers in Credit Hire Litigation

Acting for motor insurers in a series of appeals in the Court of Appeal and House of Lords concerning accident management and credit hire / repair schemes.  Reported cases include: Burdis v Livsey [2003] QB 36; Lagden v O’Connor [2004] AC 1067; Thew v Cole [2004] RTR 25; Purushothaman v Malik [2012] RTR 21; Singh v Yaqubi [2013] Lloyd’s Rep IR 398; Opoku v Tintas [2013] EWCA Civ 1299; McBride v UK Insurance / Clayton v EUI [2017] EWCA Civ 144.  Also acted for the ABI in proceedings before the OFT and CAT concerning the industry protocol for settlement of credit hire claims.  Recently, advised motor insurers in relation to the CMA investigation into the industry.

NRAM v Eversheds (2015-17)

Acting for the defendant firm of solicitors in a £120 million claim based on allegedly negligent advice on credit do...

NRAM v Eversheds (2015-17)

Acting for the defendant firm of solicitors in a £120 million claim based on allegedly negligent advice on credit documentation and the effects of the Consumer Credit Acts and supplementary regulations.

Baxendale-Walker v APL and Taylors (2015-17)

Appearing successfully at the trial concerning enforceability of a mortgage debt of £6 million.  The case raised is...

Baxendale-Walker v APL and Taylors (2015-17)

Appearing successfully at the trial concerning enforceability of a mortgage debt of £6 million.  The case raised issues under the CCA 1974, the FSMA 2000 and the Unfair Terms in Consumer Contracts Regulations 1999.

Qualifications & Memberships

Jonathan is a member of the Professional Negligence Bar Association, the London Common Law and Commercial Bar Association, COMBAR and the Administrative Law Bar Association.  He is an editor of the current edition of Jackson & Powell on Professional Liability.

St Hugh’s College, Oxford University (First Class in Classics); City University CPE (Commendation); Inns of Court School of Law (Outstanding); Queen Mother major scholarships for CPE and Bar School.

Publications

VAT registration number: 710517375