This websites use cookies. By continuing to browse the site you are agreeing to our use of cookies. For more details about cookies and how to manage them, see our cookie policy.

Jonathan Allcock

Call: 2007

Overview

Jonathan has a litigation and arbitration practice which covers all core areas of Chambers’ work, with a particular emphasis on commercial litigation; civil fraud; company and partnership disputes; mortgages and other banking litigation; and corporate and personal insolvency.

He is recognised as a leading junior for commercial chancery work in the Chambers UK directory, in which recent entries have described him as “phenomenally bright, hard-working and approachable”, “terrific” and “everything you want in a junior and a barrister”, as well as referencing his “excellent” advocacy and client-handling skills.

 

Jonathan has substantial experience in the Business and Property Courts, particularly the Commercial Court and the Business (Chancery) List, both as a sole advocate and as a junior.  His trial experience includes appearing un-led in complex and lengthy High Court trials, and Jonathan has also advised and appeared on a wide range of interim applications, including applications for freezing and proprietary injunctions, committal orders, security for costs, orders for cross-examination, civil restraint orders, disclosure orders and jurisdiction applications. Jonathan also has appellate experience in the Court of Appeal and in the Privy Council and worked on several high value cases in the Grand Court of the Cayman Islands while on secondment in the litigation and insolvency practice group of Appleby.

Jonathan often works as part of a Counsel team in large, high-profile commercial and fraud cases with an international dimension.  His recent experience of this kind has included roles in Raiffeisen Bank v Asia Coal Energy Ventures & Ashurst LLP (one of the Lawyer’s Top 20 cases of 2020); two different sets of proceedings in the JSC BTA Bank v Ablyazov litigation; an LCIA arbitration concerning ownership of a Russian bank; and the latter stages of the Tchenguiz v Serious Fraud Office litigation (led by, amongst others, Lord Pannick QC).  In addition, however, Jonathan has a thriving practice in UK-focussed business and banking litigation as sole counsel, covering (in particular) shareholder disputes, general commercial and contractual disputes, and mortgage litigation.

Before being called to the Bar, Jonathan read Modern Languages at Trinity College, Oxford, where he was a scholar and was awarded a distinction in his preliminary examinations and a first in his final examinations. He subsequently completed the Diploma in Law (CPE) at City University, gaining a distinction and winning the Maitland Advocacy Prize, and was classed as outstanding at Bar School. He was also a Harmsworth Scholar and Queen Mother Scholar of the Middle Temple.

Jonathan’s clerks would be happy to discuss the terms on which Jonathan will act in any particular matter.  In the absence of express written agreement otherwise, the terms under which Jonathan accepts instructions are the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2020.  A link to those terms can be found here and related guidance can be found here.

“He is very good at understanding the client's commercial sensitivities - his client handling skills are excellent." "He's always really on top of everything and is very clever and user-friendly.” (2021)

Chambers UK
Chancery: Commercial

“He's very thoughtful and very clever, he's everything you want in a junior and a barrister.” (2020)

Chambers UK
Chancery: Commercial

“Just terrific. He is really, really clever and gets to grips with tricky, technical matters quickly. ” (2019)

Chambers UK
Chancery: Commercial

“He has a voracious capacity for being able to devour and get to the heart of documents regardless of their complexity.” (2019)

Chambers UK
Chancery: Commercial

“Phenomenally bright, hard-working and approachable, he is everything you want in a junior barrister.” (2019)

Chambers UK
Chancery: Commercial

Expertise

Overview

Jonathan is often instructed as a junior member of the Counsel team in high-profile international commercial and fraud cases, but he also has a thriving practice as sole Counsel in UK-focussed business and banking litigation.  Examples of his recent commercial litigation work can be found below.

Notable Cases

  • Raiffeisen Bank International AG v (1) Asia Coal Energy Ventures Limited, (2) Ashurst LLP (2020) – Junior Counsel for the Claimant at a three week Commercial Court trial of one of the Lawyer’s Top 20 cases of 2020, concerning a sale by the Claimant bank of defaulted loans and associated security and the enforcement of an associated “solicitor’s confirmation”.
  • Mastermelt Limited v Siegfried Evionnaz SA (2020) – Sole Counsel for the Claimant in a jurisdiction dispute in which the Commercial Court considered the relationship between the Lugano II Convention and the Recast Brussels Regulation and the meaning of “in writing or evidenced in writing” in Article 23(1)(a) Lugano.
  • Blue Power Group & Others v ENI Norge AS & Others (2016-2020) – Junior Counsel for the Claimant in an extremely high value claim arising out of agreements to supply engineering and technical services for the development of a large offshore oil and gas field in the Barents Sea.
  • Confidential Arbitrations and associated proceedings (2019) - Several linked LCIA arbitrations seated in London concerning disputes between various Russian and Cypriot shareholders in a large Russian company, arising under a suite of merger documents governed by English law. The case included ancillary proceedings in the courts of England, Cyprus and Russia, as well as additional Russian ICAC arbitrations
  • Davies/Cawdor Cars v Davies (2018-2019) – A dispute concerning ownership of a car dealership in South Wales and associated properties
  • Levchenko v Abbott (2018-2019) – Litigation between former business partners relating to the ownership of a number of luxury properties and classic cars
  • JSC BTA Bank v Mukhtar Ablyazov & Ors (Claremont Proceedings) (2017) – Junior Counsel for Respondents to applications made by the Claimant in the long-running Ablyazov fraud proceedings in the Commercial Court.  The applications concerned the ownership of a substantial and very valuable shareholding in a FTSE 250 oil and gas company.
  • BTG International v Genzyme Corporation (2016-2017) – Junior Counsel for the Claimant in a Commercial Court claim for circa. $25 million in royalties due under an agreement which licensed the development and sale of drugs containing an antibody called Campath-1H.
  • Re: A Company (2016-2017) – Junior Counsel for the Claimant in a claim seeking payment of commission due in respect of a financing transaction related to an oil and gas development project in Romania
  • AB International (HK) Holdings Plc Ltd v AB Clearing Corp Ltd (2015) – represented the defendants to an arbitration claim (with Nicholas Peacock QC), successfully resisting applications in the Commercial Court for relief made in connection with a pending LCIA Arbitration.
  • Rawlinson & Hunter Trustees SA (as trustee of the Tchenguiz Discretionary Trust) v the Director of the Serious Fraud Office & Others (2015) – appeared for the Applicant in a series of applications in the Tchenguiz litigation in the Commercial Court.  Appeared as sole advocate for parts of the applications and led by Lord Pannick QC, Catherine Newman QC and Mark Cunningham QC for other parts.
  • JSC BTA Bank v Mukhtar Ablyazov & Ors (Dregon Land proceedings) (2014-2015) – appeared in the Court of Appeal (with Catherine Newman QC) in 2014 on an appeal from an interlocutory order in complex and high value proceedings on behalf of third parties in dispute with the Claimant bank regarding the ownership of a Russian logistics park. During 2015 appeared in a number of interlocutory hearings in the Commercial Court.
  • E v F (2014) – Instructed in proceedings concerning sponsorship agreements between a Formula One team and a driver.

Overview

Jonathan’s civil fraud practice has involved, in recent years, important roles in the JSC BTA Bank v Ablyazov litigation as well as instructions as sole Counsel in a number of cases involving allegations of dishonesty of one kind or another.  Amongst other things, he has experience obtaining and resisting freezing injunctions, and has been involved in committal applications and other interim applications in fraud litigation.

Notable Cases

  • JSC BTA Bank v Mukhtar Ablyazov & Ors (Claremont Proceedings) (2017) – Junior Counsel for Respondents to applications made by the Claimant in the long-running Ablyazov fraud proceedings in the Commercial Court.  The applications concerned the ownership of a substantial and very valuable shareholding in a FTSE 250 oil and gas company.
  • Pearson v Primeo Fund (2017) – An appeal from the Cayman Islands Court of Appeal heard by the Privy Council in May 2017 concerning the rights of various categories of shareholders and former shareholders in Herald Fund SPC, a major ‘feeder fund’ for Bernard L. Madoff Investment Securities LLC.  Appeared as Junior Counsel for Natixis SA (representing the class of “Later Redeemers”), led by Stephen Atherton QC of 20 Essex Street Chambers.
  • Rawlinson & Hunter Trustees SA (as trustee of the Tchenguiz Discretionary Trust) v the Director of the Serious Fraud Office & Others (2015) – appeared for the Applicant in a series of applications in the Tchenguiz litigation in the Commercial Court.  Appeared as sole advocate for parts of the applications and led by Lord Pannick QC, Catherine Newman QC and Mark Cunningham QC for other parts.
  • JSC BTA Bank v Mukhtar Ablyazov & Ors (Dregon Land proceedings) (2014-2015) – appeared in the Court of Appeal (with Catherine Newman QC) in 2014 on an appeal from an interlocutory order in complex and high value proceedings on behalf of third parties in dispute with the Claimant bank regarding the ownership of a Russian logistics park. During 2015 appeared in a number of interlocutory hearings in the Commercial Court.
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – appeared (un-led) at a 5 day trial in the Chancery Division on behalf of the successful Claimant bank in a claim arising out of the forgery of DS1 forms used to discharge the bank’s security for very substantial unpaid loan facilities. Freezing injunctions and associated orders (including cross-examination on asset disclosure) had been obtained at the start of the proceedings and money judgment was entered at trial for over £1.7m, together with declarations made in the bank’s favour regarding a large number of forged document.
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – at a further and final hearing in the same matter, obtained complex orders rectifying the Land Register so as to remove forged leases and third party legal charges and reinstate the Claimant bank’s prior charges with full priority.

Overview

Jonathan advises and represents clients in shareholder disputes, cases involving allegations of breaches of directors’ duties, and other litigation concerning the conduct of the affairs of companies, partnerships and LLPs.  He has experience of unfair prejudice petitions and derivative actions, but also frequently encounters company or partnership law issues in his general commercial litigation practice.  Examples of his recent experience are given below.

Notable Cases

  • Re a company (2020-2021): Advising and assisting a former director of a well-known business in relation to proposed multi-million pound proceedings for breaches of directors’ duties prior to the insolvency of the business.
  • Re a company (2020-2021): Advising and assisting a 50% shareholder in a property development business in connection with a proposed unfair prejudice petition against his fellow 50% shareholder in a property development business
  • John O’Donnell v Vordere plc & others (2020) – Representing one of the Defendants in a dispute about share allocations in the First Defendant said to have been carried out for an improper purpose.

Overview

Jonathan has experience of all the major commercial and personal insolvency processes, and has advised and appeared in connection with applications and petitions to commence those processes (e.g. administration applications, contested winding-up petitions, bankruptcy petitions) as well as a variety of applications within the various insolvency processes.

Notable Cases

  • Pearson v Primeo Fund (2017) – An appeal from the Cayman Islands Court of Appeal heard by the Privy Council in May 2017 concerning the rights of various categories of shareholders and former shareholders in Herald Fund SPC, a major ‘feeder fund’ for Bernard L. Madoff Investment Securities LLC.  Appeared as Junior Counsel for Natixis SA (representing the class of “Later Redeemers”), led by Stephen Atherton QC of 20 Essex Street Chambers.

Overview

Jonathan has substantial experience of mortgage litigation and other claims involving debt and security.  He has recently been instructed on high-value financial services litigation with an international element (see Raiffeisen Bank below) but is also instructed by the Lloyds Banking Group on two complex and long-running mortgage disputes.

Notable Cases

  • Raiffeisen Bank International AG v (1) Asia Coal Energy Ventures Limited, (2) Ashurst LLP (2020) – Junior Counsel for the Claimant at a three week Commercial Court trial of one of the Lawyer’s Top 20 cases of 2020, concerning a sale by the Claimant bank of defaulted loans and associated security and the enforcement of an associated “solicitor’s confirmation”.
  • Ul Haq v Bank of Scotland & others (2018-2020) – Representing the Bank in a mortgage dispute arising out of a conveyancing fraud perpetrated by a solicitor
  • Re: A Company (2016-2017) – Junior Counsel for the Claimant in a claim seeking payment of commission due in respect of a financing transaction related to an oil and gas development project in Romania
  • C v D (2016) – Instructed on behalf of various principal parties in two substantial LCIA Arbitrations concerning an international financial services business.
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – appeared (un-led) at a 5-day trial in the Chancery Division on behalf of the successful Claimant bank in a claim arising out of the forgery of DS1 forms used to discharge the bank’s security for very substantial unpaid loan facilities. Freezing injunctions and associated orders (including cross-examination on asset disclosure) had been obtained at the start of the proceedings and money judgment was entered at trial for over £1.7m, together with declarations made in the bank’s favour regarding a large number of forged documents.
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – at a further and final hearing in the same matter, obtained complex orders rectifying the Land Register so as to remove forged leases and third-party legal charges and reinstate the Claimant bank’s prior charges with full priority.

Overview

Many of Jonathan’s cases have an international element and since he started in practice he has advised and represented clients in connection with jurisdiction disputes and associated applications on many occasions.  He also has experience of litigation in offshore jurisdictions, including in particular the Cayman Islands, where he spent time on secondment in the litigation and insolvency department of Appleby.

Notable Cases

  • Mastermelt Limited v Siegfried Evionnaz SA (2020) – Sole Counsel for the Claimant in a jurisdiction dispute in which the Commercial Court considered the relationship between the Lugano II Convention and the Recast Brussels Regulation and the meaning of “in writing or evidenced in writing” in Article 23(1)(a) Lugano.
  • Blue Power Group & Others v ENI Norge AS & Others (2016-2020) – Junior Counsel for the Claimant in an extremely high value claim arising out of agreements to supply engineering and technical services for the development of a large offshore oil and gas field in the Barents Sea.
  • JSC BTA Bank v Mukhtar Ablyazov & Ors (Claremont Proceedings) (2017) – Junior Counsel for Respondents to applications made by the Claimant in the long-running Ablyazov fraud proceedings in the Commercial Court.  The applications concerned the ownership of a substantial and very valuable shareholding in a FTSE 250 oil and gas company.
  • Re: A Company (2016-2017) – Junior Counsel for the Claimant in a claim seeking payment of commission due in respect of a financing transaction related to an oil and gas development project in Romania
  • C v D (2016) – Instructed on behalf of various principal parties in two substantial LCIA Arbitrations concerning an international financial services business.
  • Balgobin v South West Regional Health Authority, Privy Council, [2013] 1 AC 582; [2012] 3 W.L.R. 698; [2012] 4 All E.R. 655; Times, May 15, 2012 - represented (with Tom Grant QC) the successful Appellant in the Privy Council (Lord Kerr, Baroness Hale, Lord Hope, Lord Brown, Lord Wilson) in an appeal concerning the doctrines of election and merger in judgment.

Overview

Jonathan’s real estate practice is principally focussed on mortgage litigation and ownership disputes.

Notable Cases

  • Ul Haq v Bank of Scotland & others (2018-2020) – Representing the Bank in a mortgage dispute arising out of a conveyancing fraud perpetrated by a solicitor
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – appeared (un-led) at a 5 day trial in the Chancery Division on behalf of the successful Claimant bank in a claim arising out of the forgery of DS1 forms used to discharge the bank’s security for very substantial unpaid loan facilities. Freezing injunctions and associated orders (including cross-examination on asset disclosure) had been obtained at the start of the proceedings and money judgment was entered at trial for over £1.7m, together with declarations made in the bank’s favour regarding a large number of forged documents;
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – at a further and final hearing in the same matter, obtained complex orders rectifying the Land Register so as to remove forged leases and third party legal charges and reinstate the Claimant bank’s prior charges with full priority;
  • Favor Easy Management Ltd, Samuel Tak Lee v Fuk Fei Wu (2013) – appeared (with Anthony Trace QC and Ciaran Keller) in the Court of Appeal in a case concerning ownership of two hotel buildings in West London.

Overview

Jonathan has experience of arbitration as well as litigation and often advises in connection with, or appears at, mediations.

Directory quotes

Chambers UK
Chancery: Commercial

“He is very good at understanding the client's commercial sensitivities - his client handling skills are excellent." "He's always really on top of everything and is very clever and user-friendly.” (2021)

Chambers UK
Chancery: Commercial

“He's very thoughtful and very clever, he's everything you want in a junior and a barrister.” (2020)

Chambers UK
Chancery: Commercial

“Just terrific. He is really, really clever and gets to grips with tricky, technical matters quickly. He has a voracious capacity for being able to devour and get to the heart of documents regardless of their complexity.” (2019)

 

Chambers UK
Chancery: Commercial

“Phenomenally bright, hard-working and approachable, he is everything you want in a junior barrister.” (2019)

Chambers UK
Chancery: Commercial

“He is bright, efficient, committed and hard-working.” (2018)

Chambers UK
Chancery: Commercial

“Assured and reliable.” (2018)

Chambers UK
Chancery: Commercial

“His advocacy is excellent.” (2017)

Chambers UK
Chancery: Commercial

“An extremely good lawyer who does all the things that a good junior should do. He's a good advocate with sound judgement.” (2022)

Memberships

  • Chancery Bar Association
  • COMBAR

Languages

  • French

Qualifications

  • BA (Hons): First Class
  • Graduate Diploma in Law: Distinction
  • Bar Vocational Course: Outstanding

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

Jonathan Allcock

Call: 2007

jallcock@maitlandchambers.com

“He is very good at understanding the client's commercial sensitivities - his client handling skills are excellent." "He's always really on top of everything and is very clever and user-friendly.” (2021)

Chambers UK

Chancery: Commercial

Overview

Jonathan has a litigation and arbitration practice which covers all core areas of Chambers’ work, with a particular emphasis on commercial litigation; civil fraud; company and partnership disputes; mortgages and other banking litigation; and corporate and personal insolvency.

He is recognised as a leading junior for commercial chancery work in the Chambers UK directory, in which recent entries have described him as “phenomenally bright, hard-working and approachable”, “terrific” and “everything you want in a junior and a barrister”, as well as referencing his “excellent” advocacy and client-handling skills.

Jonathan has substantial experience in the Business and Property Courts, particularly the Commercial Court and the Business (Chancery) List, both as a sole advocate and as a junior.  His trial experience includes appearing un-led in complex and lengthy High Court trials, and Jonathan has also advised and appeared on a wide range of interim applications, including applications for freezing and proprietary injunctions, committal orders, security for costs, orders for cross-examination, civil restraint orders, disclosure orders and jurisdiction applications. Jonathan also has appellate experience in the Court of Appeal and in the Privy Council and worked on several high value cases in the Grand Court of the Cayman Islands while on secondment in the litigation and insolvency practice group of Appleby.

Jonathan often works as part of a Counsel team in large, high-profile commercial and fraud cases with an international dimension.  His recent experience of this kind has included roles in Raiffeisen Bank v Asia Coal Energy Ventures & Ashurst LLP (one of the Lawyer’s Top 20 cases of 2020); two different sets of proceedings in the JSC BTA Bank v Ablyazov litigation; an LCIA arbitration concerning ownership of a Russian bank; and the latter stages of the Tchenguiz v Serious Fraud Office litigation (led by, amongst others, Lord Pannick QC).  In addition, however, Jonathan has a thriving practice in UK-focussed business and banking litigation as sole counsel, covering (in particular) shareholder disputes, general commercial and contractual disputes, and mortgage litigation.

Before being called to the Bar, Jonathan read Modern Languages at Trinity College, Oxford, where he was a scholar and was awarded a distinction in his preliminary examinations and a first in his final examinations. He subsequently completed the Diploma in Law (CPE) at City University, gaining a distinction and winning the Maitland Advocacy Prize, and was classed as outstanding at Bar School. He was also a Harmsworth Scholar and Queen Mother Scholar of the Middle Temple.

Jonathan’s clerks would be happy to discuss the terms on which Jonathan will act in any particular matter.  In the absence of express written agreement otherwise, the terms under which Jonathan accepts instructions are the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2020.  A link to those terms can be found here and related guidance can be found here.

Memberships

  • Chancery Bar Association
  • COMBAR

Languages

  • French

Qualifications

  • BA (Hons): First Class
  • Graduate Diploma in Law: Distinction
  • Bar Vocational Course: Outstanding

Commercial Disputes

Jonathan is often instructed as a junior member of the Counsel team in high-profile international commercial and fraud cases, but he also has a thriving practice as sole Counsel in UK-focussed business and banking litigation.  Examples of his recent commercial litigation work can be found below.

  • Raiffeisen Bank International AG v (1) Asia Coal Energy Ventures Limited, (2) Ashurst LLP (2020) – Junior Counsel for the Claimant at a three week Commercial Court trial of one of the Lawyer’s Top 20 cases of 2020, concerning a sale by the Claimant bank of defaulted loans and associated security and the enforcement of an associated “solicitor’s confirmation”.
  • Mastermelt Limited v Siegfried Evionnaz SA (2020) – Sole Counsel for the Claimant in a jurisdiction dispute in which the Commercial Court considered the relationship between the Lugano II Convention and the Recast Brussels Regulation and the meaning of “in writing or evidenced in writing” in Article 23(1)(a) Lugano.
  • Blue Power Group & Others v ENI Norge AS & Others (2016-2020) – Junior Counsel for the Claimant in an extremely high value claim arising out of agreements to supply engineering and technical services for the development of a large offshore oil and gas field in the Barents Sea.
  • Confidential Arbitrations and associated proceedings (2019) - Several linked LCIA arbitrations seated in London concerning disputes between various Russian and Cypriot shareholders in a large Russian company, arising under a suite of merger documents governed by English law. The case included ancillary proceedings in the courts of England, Cyprus and Russia, as well as additional Russian ICAC arbitrations
  • Davies/Cawdor Cars v Davies (2018-2019) – A dispute concerning ownership of a car dealership in South Wales and associated properties
  • Levchenko v Abbott (2018-2019) – Litigation between former business partners relating to the ownership of a number of luxury properties and classic cars
  • JSC BTA Bank v Mukhtar Ablyazov & Ors (Claremont Proceedings) (2017) – Junior Counsel for Respondents to applications made by the Claimant in the long-running Ablyazov fraud proceedings in the Commercial Court.  The applications concerned the ownership of a substantial and very valuable shareholding in a FTSE 250 oil and gas company.
  • BTG International v Genzyme Corporation (2016-2017) – Junior Counsel for the Claimant in a Commercial Court claim for circa. $25 million in royalties due under an agreement which licensed the development and sale of drugs containing an antibody called Campath-1H.
  • Re: A Company (2016-2017) – Junior Counsel for the Claimant in a claim seeking payment of commission due in respect of a financing transaction related to an oil and gas development project in Romania
  • AB International (HK) Holdings Plc Ltd v AB Clearing Corp Ltd (2015) – represented the defendants to an arbitration claim (with Nicholas Peacock QC), successfully resisting applications in the Commercial Court for relief made in connection with a pending LCIA Arbitration.
  • Rawlinson & Hunter Trustees SA (as trustee of the Tchenguiz Discretionary Trust) v the Director of the Serious Fraud Office & Others (2015) – appeared for the Applicant in a series of applications in the Tchenguiz litigation in the Commercial Court.  Appeared as sole advocate for parts of the applications and led by Lord Pannick QC, Catherine Newman QC and Mark Cunningham QC for other parts.
  • JSC BTA Bank v Mukhtar Ablyazov & Ors (Dregon Land proceedings) (2014-2015) – appeared in the Court of Appeal (with Catherine Newman QC) in 2014 on an appeal from an interlocutory order in complex and high value proceedings on behalf of third parties in dispute with the Claimant bank regarding the ownership of a Russian logistics park. During 2015 appeared in a number of interlocutory hearings in the Commercial Court.
  • E v F (2014) – Instructed in proceedings concerning sponsorship agreements between a Formula One team and a driver.

Civil Fraud & Asset Recovery

Jonathan’s civil fraud practice has involved, in recent years, important roles in the JSC BTA Bank v Ablyazov litigation as well as instructions as sole Counsel in a number of cases involving allegations of dishonesty of one kind or another.  Amongst other things, he has experience obtaining and resisting freezing injunctions, and has been involved in committal applications and other interim applications in fraud litigation.

  • JSC BTA Bank v Mukhtar Ablyazov & Ors (Claremont Proceedings) (2017) – Junior Counsel for Respondents to applications made by the Claimant in the long-running Ablyazov fraud proceedings in the Commercial Court.  The applications concerned the ownership of a substantial and very valuable shareholding in a FTSE 250 oil and gas company.
  • Pearson v Primeo Fund (2017) – An appeal from the Cayman Islands Court of Appeal heard by the Privy Council in May 2017 concerning the rights of various categories of shareholders and former shareholders in Herald Fund SPC, a major ‘feeder fund’ for Bernard L. Madoff Investment Securities LLC.  Appeared as Junior Counsel for Natixis SA (representing the class of “Later Redeemers”), led by Stephen Atherton QC of 20 Essex Street Chambers.
  • Rawlinson & Hunter Trustees SA (as trustee of the Tchenguiz Discretionary Trust) v the Director of the Serious Fraud Office & Others (2015) – appeared for the Applicant in a series of applications in the Tchenguiz litigation in the Commercial Court.  Appeared as sole advocate for parts of the applications and led by Lord Pannick QC, Catherine Newman QC and Mark Cunningham QC for other parts.
  • JSC BTA Bank v Mukhtar Ablyazov & Ors (Dregon Land proceedings) (2014-2015) – appeared in the Court of Appeal (with Catherine Newman QC) in 2014 on an appeal from an interlocutory order in complex and high value proceedings on behalf of third parties in dispute with the Claimant bank regarding the ownership of a Russian logistics park. During 2015 appeared in a number of interlocutory hearings in the Commercial Court.
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – appeared (un-led) at a 5 day trial in the Chancery Division on behalf of the successful Claimant bank in a claim arising out of the forgery of DS1 forms used to discharge the bank’s security for very substantial unpaid loan facilities. Freezing injunctions and associated orders (including cross-examination on asset disclosure) had been obtained at the start of the proceedings and money judgment was entered at trial for over £1.7m, together with declarations made in the bank’s favour regarding a large number of forged document.
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – at a further and final hearing in the same matter, obtained complex orders rectifying the Land Register so as to remove forged leases and third party legal charges and reinstate the Claimant bank’s prior charges with full priority.

Company, Partnerships & LLPs

Jonathan advises and represents clients in shareholder disputes, cases involving allegations of breaches of directors’ duties, and other litigation concerning the conduct of the affairs of companies, partnerships and LLPs.  He has experience of unfair prejudice petitions and derivative actions, but also frequently encounters company or partnership law issues in his general commercial litigation practice.  Examples of his recent experience are given below.

  • Re a company (2020-2021): Advising and assisting a former director of a well-known business in relation to proposed multi-million pound proceedings for breaches of directors’ duties prior to the insolvency of the business.
  • Re a company (2020-2021): Advising and assisting a 50% shareholder in a property development business in connection with a proposed unfair prejudice petition against his fellow 50% shareholder in a property development business
  • John O’Donnell v Vordere plc & others (2020) – Representing one of the Defendants in a dispute about share allocations in the First Defendant said to have been carried out for an improper purpose.

Insolvency & Restructuring

Jonathan has experience of all the major commercial and personal insolvency processes, and has advised and appeared in connection with applications and petitions to commence those processes (e.g. administration applications, contested winding-up petitions, bankruptcy petitions) as well as a variety of applications within the various insolvency processes.

  • Pearson v Primeo Fund (2017) – An appeal from the Cayman Islands Court of Appeal heard by the Privy Council in May 2017 concerning the rights of various categories of shareholders and former shareholders in Herald Fund SPC, a major ‘feeder fund’ for Bernard L. Madoff Investment Securities LLC.  Appeared as Junior Counsel for Natixis SA (representing the class of “Later Redeemers”), led by Stephen Atherton QC of 20 Essex Street Chambers.

Banking & Financial Services

Jonathan has substantial experience of mortgage litigation and other claims involving debt and security.  He has recently been instructed on high-value financial services litigation with an international element (see Raiffeisen Bank below) but is also instructed by the Lloyds Banking Group on two complex and long-running mortgage disputes.

  • Raiffeisen Bank International AG v (1) Asia Coal Energy Ventures Limited, (2) Ashurst LLP (2020) – Junior Counsel for the Claimant at a three week Commercial Court trial of one of the Lawyer’s Top 20 cases of 2020, concerning a sale by the Claimant bank of defaulted loans and associated security and the enforcement of an associated “solicitor’s confirmation”.
  • Ul Haq v Bank of Scotland & others (2018-2020) – Representing the Bank in a mortgage dispute arising out of a conveyancing fraud perpetrated by a solicitor
  • Re: A Company (2016-2017) – Junior Counsel for the Claimant in a claim seeking payment of commission due in respect of a financing transaction related to an oil and gas development project in Romania
  • C v D (2016) – Instructed on behalf of various principal parties in two substantial LCIA Arbitrations concerning an international financial services business.
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – appeared (un-led) at a 5-day trial in the Chancery Division on behalf of the successful Claimant bank in a claim arising out of the forgery of DS1 forms used to discharge the bank’s security for very substantial unpaid loan facilities. Freezing injunctions and associated orders (including cross-examination on asset disclosure) had been obtained at the start of the proceedings and money judgment was entered at trial for over £1.7m, together with declarations made in the bank’s favour regarding a large number of forged documents.
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – at a further and final hearing in the same matter, obtained complex orders rectifying the Land Register so as to remove forged leases and third-party legal charges and reinstate the Claimant bank’s prior charges with full priority.

International & Offshore

Many of Jonathan’s cases have an international element and since he started in practice he has advised and represented clients in connection with jurisdiction disputes and associated applications on many occasions.  He also has experience of litigation in offshore jurisdictions, including in particular the Cayman Islands, where he spent time on secondment in the litigation and insolvency department of Appleby.

  • Mastermelt Limited v Siegfried Evionnaz SA (2020) – Sole Counsel for the Claimant in a jurisdiction dispute in which the Commercial Court considered the relationship between the Lugano II Convention and the Recast Brussels Regulation and the meaning of “in writing or evidenced in writing” in Article 23(1)(a) Lugano.
  • Blue Power Group & Others v ENI Norge AS & Others (2016-2020) – Junior Counsel for the Claimant in an extremely high value claim arising out of agreements to supply engineering and technical services for the development of a large offshore oil and gas field in the Barents Sea.
  • JSC BTA Bank v Mukhtar Ablyazov & Ors (Claremont Proceedings) (2017) – Junior Counsel for Respondents to applications made by the Claimant in the long-running Ablyazov fraud proceedings in the Commercial Court.  The applications concerned the ownership of a substantial and very valuable shareholding in a FTSE 250 oil and gas company.
  • Re: A Company (2016-2017) – Junior Counsel for the Claimant in a claim seeking payment of commission due in respect of a financing transaction related to an oil and gas development project in Romania
  • C v D (2016) – Instructed on behalf of various principal parties in two substantial LCIA Arbitrations concerning an international financial services business.
  • Balgobin v South West Regional Health Authority, Privy Council, [2013] 1 AC 582; [2012] 3 W.L.R. 698; [2012] 4 All E.R. 655; Times, May 15, 2012 - represented (with Tom Grant QC) the successful Appellant in the Privy Council (Lord Kerr, Baroness Hale, Lord Hope, Lord Brown, Lord Wilson) in an appeal concerning the doctrines of election and merger in judgment.

Real Estate

Jonathan’s real estate practice is principally focussed on mortgage litigation and ownership disputes.

  • Ul Haq v Bank of Scotland & others (2018-2020) – Representing the Bank in a mortgage dispute arising out of a conveyancing fraud perpetrated by a solicitor
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – appeared (un-led) at a 5 day trial in the Chancery Division on behalf of the successful Claimant bank in a claim arising out of the forgery of DS1 forms used to discharge the bank’s security for very substantial unpaid loan facilities. Freezing injunctions and associated orders (including cross-examination on asset disclosure) had been obtained at the start of the proceedings and money judgment was entered at trial for over £1.7m, together with declarations made in the bank’s favour regarding a large number of forged documents;
  • Bank of Scotland plc v Greville Development Company (Midlands) Ltd & Ors (2014) – at a further and final hearing in the same matter, obtained complex orders rectifying the Land Register so as to remove forged leases and third party legal charges and reinstate the Claimant bank’s prior charges with full priority;
  • Favor Easy Management Ltd, Samuel Tak Lee v Fuk Fei Wu (2013) – appeared (with Anthony Trace QC and Ciaran Keller) in the Court of Appeal in a case concerning ownership of two hotel buildings in West London.

Alternative Dispute Resolution

Jonathan has experience of arbitration as well as litigation and often advises in connection with, or appears at, mediations.