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Jonathan Fowles

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Jonathan Fowles

Areas of Expertise

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Year of Call: 2004 jfowles@serlecourt.co.uk

Overview

Jonathan has a broad traditional chancery practice, encompassing charities, property, trusts, and probate. It is not unusual for his cases to combine all or any number of these areas.

He is co-author with William Henderson of Tudor on Charities, 10th Ed. (2015, Sweet & Maxwell) and a contributor to Francis, Inheritance Act Claims: Law, Practice, and Procedure (Jordans). He has advised the Charity Commission and Interim Managers appointed by the Commission. He regularly provides advice to major, national charities, and their trustees, and frequently acts for charities (as well as private bodies or individuals) in disputes ranging from succession and probate disputes to claims for breach of trust. His trusts work includes contentious and non-contentious matters, both offshore and domestic. He has expertise in and experience of most areas of real property and landlord & tenant litigation.

Areas of Expertise and Cases


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Charities

Jonathan is co-editor of the leading textbook, Tudor on Charities, 10th ed. (Sweet & Maxwell, 2015)

(Much of Jonathan’s work in this area is non-contentious and has not been before the court in public hearings. Accordingly, it has been necessary to make a number of the case references anonymous for reasons of confidentiality.)

Re Z Library (2018): Advising major educational and heritage charity on governance. 

B v Interim Managers (2018): Advising individual on dispute with Interim Managers of religious charity. 

Charity Commission v A (2018): Advising the chairty commission on potential proceedings by the commission for wide-ranging breaches of trust. 

Re X Trust (2017): Advice to major offshore charitable trust on constitutional matters. 

Re AB (2016): Advising Interim Managers of Charity.

Re Johovah's Witnesses (2014-2018): Providing ongoing advice to relevant charitable insitutions in the UK. 

Re CH (2016): Advising charity connected with foreign government in connection with creation of new trust of land; drafting trust deed.

Re L Trusts (2016): Advising trustees as to potential charitable conditions on ownership of land transferred to their predecessors in 16th century (with William Henderson).

Re C School Trust (2015): Advising charity connected with independent school as to possible dissolution.

N v B&T (2015), Chancery Division: Acting with Christopher Stoner QC for charities claiming rectification of multi-million pound land transaction; the claim has unusually involved the joinder of the Official Custodian for Charities.

W v Charity Commission (2015): Advising high-profile international organisation as to dispute with Charity Commission.

Re Allotments for the Labouring Poor (2014): Advising Hughenden Parish Council as to historic charitable trusts arising under the Inclosure Acts (subsequently the subject of litigation in Densham v Charity Commission (CA/2017/0002).

Re Y Institute (2013): Advising charity trustee of high-profile research charity on matters arising out of the charities legislation.

Re R (2011): Advising well known animal welfare charity on various matters relating to its constitution and governance.

Re C (2010): Advising well known farming charity as to restructuring and its effects on legacies.


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Trusts and Probate

Jonathan is a contributor to Francis, Inheritance Act Claims: Law, Practice, and Procedure (Jordan, looseleaf)

(Much of Jonathan’s work in this area is non-contentious and has not been before the court in public hearings. Accordingly, it has been necessary to make a number of the case references anonymous for reasons of confidentiality.)

Miles v Miles (2017): Successful appeal for defendant beneficiary in spouse's claim on divorce cross-check and testamentary wishes arguments. 

Moreno de la Hilja v Lee (2017): Acting for widow and estate of Sir Christopher Lee to resist claim to lift stay of enforcement of purported Spanish judgment and European Enforcement Order (led by Jessica Simor QC, Matrix Chambers)

Re L Trusts (2016): Advising trustees as to potential charitable conditions on ownership of land transferred to their predecessors in 16th century (with William Henderson).

Re Moller (2016): Acting for charitable beneficiaries in relation to cross-border estates dispute.

Re Freud (2016): Acting for beneficiary in dispute as to administration and appointment of administrator in intestacy.

B v White (2015), Chancery Division: Acting with Philip Marshall QC in pursuing probate claim and resisting counterclaim for breach of fiduciary duty.

Re Trilogy (2015), Jersey: Advising as to trustee appointments.

Re Tadros (Deceased) (2013-14), Chancery Division: Acting for and advising Second Defendant in ongoing probate proceedings relating to testamentary documents in England and the Netherlands.

Re S Settlements (2013): Advising beneficiaries on historic transactions and exercise of trustees’ powers in group of multi-million pound family trusts in Jersey.

Re Y Trust (2013): Advising and acting for trustees in relation to trustee and protector appointments in Cayman Islands; led by Frank Hinks QC.

Re M Settlements (2010-11): Advising and acting for beneficiaries in a multi-million pound Bermudan trust dispute; led by Frank Hinks QC.

 


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Property

Poon Tip v Lawrence (2017), FTT: Successful application to strike out parts of the Respondent's case resisting claim to title by adverse possession under Scheduel 6, LRA. The judgment addressed the test for strike-out under the Property Chamber rules and the notice provisions in relation to Schedule 6.

Re CH (2016): Advising charity connected with foreign government as to creation of trust of land; drafting trust deed.

Re L Trusts (2016): Advising trustees as to potential charitable conditions on ownership of land transferred to their predecessors in 16th century (with William Henderson).

N v B&T (2015), Chancery Division: Acting with Christopher Stoner QC for charities claiming rectification of multi-million pound land transaction.

Re a company (in administration) (2014): Advising secured creditors as to scope of charge over real property in multi-million pound administration of high-profile company.

Canal & River Trust v Timmins (2014), Birmingham CC: proceedings for declaration and injunction in relation to management of inland waterways.

Blackall v Moledina (2014), FTT: claim for adverse possession, raising novel issues in relation to overriding interests under the Limitation Act.


All Quotes

"A man steeped in charity law...He's down to earth, pragmatic and commercial. He knows charity law inside out, but he doesn't allow his esoteric knowledge of the law to cloud his decision making."  Chambers & Partners, 2018

Exceptionally thorough, very bright and technically superb" "He is absolutely meticulous and lovely to work with" "A true academic who dives right in to knotty issues" Legal 500, 2017

"Able to get to the crux of the issues incredibly quickly, spotting things others may miss - a real joy to work with." Legal 500, 2015

"He is extremely bright, very easy to work with, and has an excellent rapport with clients" Legal 500, 2014

Recommendations

Charities (Chambers & Partners) - Band 3
Charities (Legal 500) - Tier 3
Private Client: Trusts and Probate (Legal 500) - Tier 3
Property Litigation (Legal 500) - Tier 3

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Jonathan Fowles

Jonathan Fowles

Year of Call: 2004
Email: jfowles@serlecourt.co.uk

Overview

Jonathan has a broad traditional chancery practice, encompassing charities, property, trusts, and probate. It is not unusual for his cases to combine all or any number of these areas.

He is co-author with William Henderson of Tudor on Charities, 10th Ed. (2015, Sweet & Maxwell) and a contributor to Francis, Inheritance Act Claims: Law, Practice, and Procedure (Jordans). He has advised the Charity Commission and Interim Managers appointed by the Commission. He regularly provides advice to major, national charities, and their trustees, and frequently acts for charities (as well as private bodies or individuals) in disputes ranging from succession and probate disputes to claims for breach of trust. His trusts work includes contentious and non-contentious matters, both offshore and domestic. He has expertise in and experience of most areas of real property and landlord & tenant litigation.

Areas of expertise

Recommendations

Charities (Chambers & Partners) - Band 3
Charities (Legal 500) - Tier 3
Private Client: Trusts and Probate (Legal 500) - Tier 3
Property Litigation (Legal 500) - Tier 3

Quotes

"A man steeped in charity law...He's down to earth, pragmatic and commercial. He knows charity law inside out, but he doesn't allow his esoteric knowledge of the law to cloud his decision making."  Chambers & Partners, 2018

Exceptionally thorough, very bright and technically superb" "He is absolutely meticulous and lovely to work with" "A true academic who dives right in to knotty issues" Legal 500, 2017

"Able to get to the crux of the issues incredibly quickly, spotting things others may miss - a real joy to work with." Legal 500, 2015

"He is extremely bright, very easy to work with, and has an excellent rapport with clients" Legal 500, 2014

Charities

Jonathan is co-editor of the leading textbook, Tudor on Charities, 10th ed. (Sweet & Maxwell, 2015)

(Much of Jonathan’s work in this area is non-contentious and has not been before the court in public hearings. Accordingly, it has been necessary to make a number of the case references anonymous for reasons of confidentiality.)

Re Z Library (2018): Advising major educational and heritage charity on governance. 

B v Interim Managers (2018): Advising individual on dispute with Interim Managers of religious charity. 

Charity Commission v A (2018): Advising the chairty commission on potential proceedings by the commission for wide-ranging breaches of trust. 

Re X Trust (2017): Advice to major offshore charitable trust on constitutional matters. 

Re AB (2016): Advising Interim Managers of Charity.

Re Johovah's Witnesses (2014-2018): Providing ongoing advice to relevant charitable insitutions in the UK. 

Re CH (2016): Advising charity connected with foreign government in connection with creation of new trust of land; drafting trust deed.

Re L Trusts (2016): Advising trustees as to potential charitable conditions on ownership of land transferred to their predecessors in 16th century (with William Henderson).

Re C School Trust (2015): Advising charity connected with independent school as to possible dissolution.

N v B&T (2015), Chancery Division: Acting with Christopher Stoner QC for charities claiming rectification of multi-million pound land transaction; the claim has unusually involved the joinder of the Official Custodian for Charities.

W v Charity Commission (2015): Advising high-profile international organisation as to dispute with Charity Commission.

Re Allotments for the Labouring Poor (2014): Advising Hughenden Parish Council as to historic charitable trusts arising under the Inclosure Acts (subsequently the subject of litigation in Densham v Charity Commission (CA/2017/0002).

Re Y Institute (2013): Advising charity trustee of high-profile research charity on matters arising out of the charities legislation.

Re R (2011): Advising well known animal welfare charity on various matters relating to its constitution and governance.

Re C (2010): Advising well known farming charity as to restructuring and its effects on legacies.

Trusts and Probate

Jonathan is a contributor to Francis, Inheritance Act Claims: Law, Practice, and Procedure (Jordan, looseleaf)

(Much of Jonathan’s work in this area is non-contentious and has not been before the court in public hearings. Accordingly, it has been necessary to make a number of the case references anonymous for reasons of confidentiality.)

Miles v Miles (2017): Successful appeal for defendant beneficiary in spouse's claim on divorce cross-check and testamentary wishes arguments. 

Moreno de la Hilja v Lee (2017): Acting for widow and estate of Sir Christopher Lee to resist claim to lift stay of enforcement of purported Spanish judgment and European Enforcement Order (led by Jessica Simor QC, Matrix Chambers)

Re L Trusts (2016): Advising trustees as to potential charitable conditions on ownership of land transferred to their predecessors in 16th century (with William Henderson).

Re Moller (2016): Acting for charitable beneficiaries in relation to cross-border estates dispute.

Re Freud (2016): Acting for beneficiary in dispute as to administration and appointment of administrator in intestacy.

B v White (2015), Chancery Division: Acting with Philip Marshall QC in pursuing probate claim and resisting counterclaim for breach of fiduciary duty.

Re Trilogy (2015), Jersey: Advising as to trustee appointments.

Re Tadros (Deceased) (2013-14), Chancery Division: Acting for and advising Second Defendant in ongoing probate proceedings relating to testamentary documents in England and the Netherlands.

Re S Settlements (2013): Advising beneficiaries on historic transactions and exercise of trustees’ powers in group of multi-million pound family trusts in Jersey.

Re Y Trust (2013): Advising and acting for trustees in relation to trustee and protector appointments in Cayman Islands; led by Frank Hinks QC.

Re M Settlements (2010-11): Advising and acting for beneficiaries in a multi-million pound Bermudan trust dispute; led by Frank Hinks QC.

 

Property

Poon Tip v Lawrence (2017), FTT: Successful application to strike out parts of the Respondent's case resisting claim to title by adverse possession under Scheduel 6, LRA. The judgment addressed the test for strike-out under the Property Chamber rules and the notice provisions in relation to Schedule 6.

Re CH (2016): Advising charity connected with foreign government as to creation of trust of land; drafting trust deed.

Re L Trusts (2016): Advising trustees as to potential charitable conditions on ownership of land transferred to their predecessors in 16th century (with William Henderson).

N v B&T (2015), Chancery Division: Acting with Christopher Stoner QC for charities claiming rectification of multi-million pound land transaction.

Re a company (in administration) (2014): Advising secured creditors as to scope of charge over real property in multi-million pound administration of high-profile company.

Canal & River Trust v Timmins (2014), Birmingham CC: proceedings for declaration and injunction in relation to management of inland waterways.

Blackall v Moledina (2014), FTT: claim for adverse possession, raising novel issues in relation to overriding interests under the Limitation Act.

Qualifications

New College, Oxford: - MA, Literae Humaniores

City University, London - Postgraduate Diploma in Law

Karmel and Bedingfield Scholar (Gray's Inn)

Memberships

Chancery Bar Association

Property Bar Association (Committee member)

Charity Law Association

Publications

Tudor on Charities, 10th Ed. (2015, Sweet & Maxwell), co-author with William Henderson

Contributor to Francis, Inheritance Act Claims: Law, Practice and Procedure (Jordans, looseleaf)

"How to assess the risk of contesting a legacy", Charity Finance, October 2017 

"Charity begins with the law", Estates Gazette, 26/6/17 (Charities Act requirements for land transactions)

"A work in progress", New Law Journal, 24/6/16 (on the Pallant v Morgan equity)

“The Removal of Trustees”, Practical Law Company

“Charity Litigation: The role of the Charity Commission”: Practical Law Company

“Fire escape”, New Law Journal, 1/2/13 (on Rylands v Fletcher)

“Holding a wolf by the ears”, New Law Journal (on boundary disputes)

“Things unsaid”,  New Law Journal (on constructive trusts)


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