Jonathan Brettler

Areas of Practice

Jonathan Brettler's practice includes litigation and advisory work in the fields of company, commercial, financial services and insolvency law.

Company law - shareholder disputes (unfair prejudice; just and equitable winding up proceedings); acting for proposers of and objectors to Companies Act schemes of arrangement and insurance business transfer schemes; eg. for commutation of insurance liabilities, changing jurisdiction of group holding companies.

Insolvency law - including directors' disqualification proceedings.

Financial services - acted for major insurers in trials relating to: the alleged mis-selling of pensions and life assurance products; whether insurer validly terminated a sales joint venture; and the validity of suspensions and terminations of sales agents' appointments on regulatory grounds. Advising whether arrangements constitute unauthorised collective investment schemes.

Cases

Insolvency litigation: recent cases include In Re Airbase Services International Ltd [2008] 1 WLR 1516 - representing unsecured creditors; decides that a floating chargeholder is not able to prove against the prescribed part fund (s. 176A Insolvency Act 1986) in respect of an unsecured shortfall on its security.

Law Society v Shah [2008] 3 WLR 1401 - representing trustee in bankruptcy; decides that bankruptcy discharge bars remedy against former bankrupt not the underlying claim; and that Third Party (Rights Against Insurers) Act 1930 liability may be established within a bankruptcy, without determination of proof by office-holder.

Commercial & company litigation: recent cases include Debt Collect London Ltd v SK Slavia Praha-Fotbal AS [2009] EWHC 2726 - art. 27, 28, 30 Judgments Regulation; art. 20 Service Regulation; impact of failure to pay court fee on court first seised under Judgments Regulation; effect of failure to notify treaty to EC Commission.

Relfo Ltd v Varsani [2009] EWHC 2297 - whether defendant could be served without permission at an address in jurisdiction where limited time spent; interpretation of CPR 6.9.

Re Starlight Developers [2007] EWHC 1660 - whether jurisdiction to stay (rather than strike out) unfair prejudice proceedings where the petitioner not a registered shareholder but applies for retrospective rectification of the register of members.

Re Hambrook & Greenstock AG - representing petitioner in English public interest winding up proceedings against Swiss company which operated unauthorised collective investment scheme.

Company cases, representing petitioner claiming public interest winding up also include: Re London Citylink Ltd  [2005] All ER (D) 188 (provider of nominee director services wound up in the public interest); Re Get Me Tickets Ltd [2006] EWHC 1058 (public interest winding up of secondary ticket agent).

Other cases of interest include: Cook v Norlands Ltd [2001] UKPC 52 (Privy Council decision on contractual certainty requirements); Liggins v Lumsden Ltd [1999-2001] MLR 601 (Isle of Man Court of Appeal; liability of partnership for partner's assistance of breach of trust); Nel v Kean [2003] P&CR (presumed/inferred undue influence).

Publications

Contributor, Annotated Companies Acts (Oxford University Press)

Overseas Qualifications

Admitted as advocate in Isle of Man for specific cases

Professional

Member of COMBAR & Chancery Bar Association