Legal Press:

"quite simply, one of the best advocates ... an exceptionally sharp and quick mind"
Chambers UK

"one of the most talented chancery silks, with expertise in the private and public sectors"
Legal 500

"an excellent strategist and a stylish advocate"
The Lawyer 

 

Summary

Jonathan's practice straddles both company/commercial litigation and public law.  He represents  private clients and public authorities alike, both in appellate work and in trials.  He has appeared in well over 120 reported cases, including 25 in the Supreme Court or the House of Lords, as well as many others in the Court of Appeal and in the European Court of Human Rights.  He has also appeared in the Privy Council and in the European Court of Justice.

Recent work for private clients includes a number of substantial disputes concerning derivative instruments, securitisations and structured investment vehicles, generally with an international angle involving jurisdictional challenges.  He appeared recently in the Supreme Court in a case concerning the admissibility of ‘without prejudice' negotiations.  He has also appeared this year in the Cayman Islands in a just and equitable winding-up petition and in the Court of Appeal in England on a substantial shareholder dispute.  On the public law side, Jonathan has been acting for an Iranian bank seeking to challenge a financial restriction order imposed by the Treasury.  He has also appeared against the Government of Bermuda in the Privy Council challenging conscription.  For the last 2 years Jonathan has also been leading for the Government in relation to the various claims brought by former Guantanamo detainees.  Other recent cases include his appearance for the OFT in the House of Lords in relation to bank overdraft charges.

Judicial quotes

"an argument conspicuous for its moderation as well as for its skill"
Lord Goff in Guinness Plc v. Saunders [1990] 2 AC 663, at 697A

"argued the appeal with great ability"
Balcombe LJ in Finers v. Miro [1991] 1 WLR 35, at 44

"most ably argued"
Lord Hoffmann in R (Bancoult) v. Secretary of State for Foreign & Commonwealth Affairs (No. 2) [2009] 1 AC 453, at §31

"we would like to pay tribute to the high standard of the argument"
Sir Anthony Clarke MR in Office of Fair Trading v. Abbey National Plc [2009] 2 WLR 1286, at §1

"admirable clarity and cogency"
Etherton LJ in R (Barclay) v. Lord Chancellor [2009] 3 WLR 955, at §114

"conspicuous clarity and skill"
Lord Walker in OFT v. Abbey National Plc [2009] UKSC 6, at §25

Career

1981-1998: As a junior specialising in company/commercial litigation, Jonathan was heavily involved in cases such as Guinness, Polly Peck and Barlow Clowes, as well as numerous shareholder disputes, and media and entertainment cases.  He also appeared overseas, in the Sea Containers takeover dispute and in the litigation following the insolvency of Bermuda Fire and Marine.  Chambers & Partners described him as an "absolute star", and ranked him in 4 categories - company law, financial services, chancery and insolvency.  The Legal 500 described him as "brilliant" and "outstanding", ranking him as one of the top 3 juniors at the Bar, with recommendations in commercial litigation, company law, banking and insolvency.


1998-2006: In 1998 Jonathan was appointed First Treasury Counsel (Chancery), and for the next 8 years he was retained exclusively by the Government.  His practice widened to include all aspects of public law, with an emphasis on human rights and freedom of information.  Although by convention he remained a junior, his practice was effectively that of a silk throughout.

 
2006 onwards: In 2006, Jonathan returned to private practice as a silk.  On announcing his retirement as First Treasury Counsel, the Attorney General said that Jonathan was a barrister "of the very highest calibre" who had given "outstanding service to the government in many cases of the greatest public importance".  Jonathan now combines his wider experience in public law with his previous specialisation in company/commercial litigation.

Cases of Interest

Click here for a complete list

Lectures and Seminars

Jonathan is regularly asked to provide lectures and seminars for solicitors and for various professional bodies, such as the Administrative Law Bar Association, the Human Rights Lawyers Association, the Property Law Bar Association, and the annual conference of the Government Legal Service.  He recently addressed the London Solicitors Litigation Association on directors duties.  In 2008 he spoke at the Chancery Bar Association's annual conference on tracing, and at the GLS's annual conference on administrative law.  In 2007 he addressed both the Chancery Bar Association's annual conference and also the Administrative Law Bar Association's annual seminar on the Human Rights Act.  He gave the annual speech to the Insolvency Lawyers Association in 2006.

Appointments

1994 Treasury Counsel (Chancery)
1998 First Treasury Counsel (Chancery)
1998 Bencher of Lincoln's Inn
2001 Deputy High Court Judge
2006 Attorney General to HRH the Prince of Wales


Professional

Commercial Bar Association
Chancery Bar Association
Administrative Law Bar Association
Insolvency Lawyers Association

Cases of Interest

Areas of Practice

  • Company and commercial litigation  
  • Public law
  • Banking & Finance
  • Chancery (commercial)

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