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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 expertise in and experience of most areas of real property and landlord & tenant litigation. He regularly provides advice to major, national charities, and their trustees, and frequently acts for charities 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.

 

Areas of Expertise and Cases


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Property

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.

Millmanor PLC v Treasury Solicitor (2015), Chancery Division: Acting for property investment company in dispute as to ownership of remainder interest under trust of mortgaged company.

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.

Aston v Chacholis (2013-14), QBD: acting for defendant developer in multiple claims for misrepresentation arising out of Cypriot financial crisis.

National Westminster Bank plc v Gadston (2013), Chancery Division (Barling J): alleged misrepresentation/estoppel in relation to mortgage claim.

Prescot v Level 3 Communications (2013), TCC (Coulson J): Acting for BT in multi-million pound dilapidations dispute.

Pennant v Pennant (2012), Chancery Division: High value trusts of land dispute.

Deutsche Bank v Khan (2011), Commercial Court: Mortgage dispute in relation to multi-million pound properties at 199 Knightsbridge and The Bishops Avenue, Hampstead.

Hogg v Wehrle (2011), HM Adjudicator to Land Registry: Dispute as to unusual prescriptive easements allegedly acquired over site rendered vacant by WWII bombing.


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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.)

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.

Pennant v Pennant (2012), Chancery Division: High value trusts of land dispute.

Re Smith (2011), Family Division: Trial of Inheritance Act claim concerning attempt to exclude claim under the Act by prior agreement.

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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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 AB (2016): Advising Interim Managers of Charity.

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.

Religious charities: In 2014-15, Jonathan has provided advice in a number of sensitive matters to religious organisations.

Re H (2014): Advising local government body on  dispute relating to historic charitable trusts arising under the Inclosure Acts.

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

Smile Train v D (2013), Chancery Division: Acting for charity trustee in defence of allegations of breach of fiduciary duty.

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.

British Library Board v Hakimzadeh (2009), Chancery Division: Led by William Henderson on behalf of British Library in civil proceedings for the recovery of leaves and plates stolen from books in its historic collections.


Recommendations

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 expertise in and experience of most areas of real property and landlord & tenant litigation. He regularly provides advice to major, national charities, and their trustees, and frequently acts for charities 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.

 

Areas of expertise

Recommendations

Private Client: Trusts and Probate (Legal 500) - Tier 3

Property Litigation (Legal 500) - Tier 3

Quotes

Property

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.

Millmanor PLC v Treasury Solicitor (2015), Chancery Division: Acting for property investment company in dispute as to ownership of remainder interest under trust of mortgaged company.

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.

Aston v Chacholis (2013-14), QBD: acting for defendant developer in multiple claims for misrepresentation arising out of Cypriot financial crisis.

National Westminster Bank plc v Gadston (2013), Chancery Division (Barling J): alleged misrepresentation/estoppel in relation to mortgage claim.

Prescot v Level 3 Communications (2013), TCC (Coulson J): Acting for BT in multi-million pound dilapidations dispute.

Pennant v Pennant (2012), Chancery Division: High value trusts of land dispute.

Deutsche Bank v Khan (2011), Commercial Court: Mortgage dispute in relation to multi-million pound properties at 199 Knightsbridge and The Bishops Avenue, Hampstead.

Hogg v Wehrle (2011), HM Adjudicator to Land Registry: Dispute as to unusual prescriptive easements allegedly acquired over site rendered vacant by WWII bombing.

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.)

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.

Pennant v Pennant (2012), Chancery Division: High value trusts of land dispute.

Re Smith (2011), Family Division: Trial of Inheritance Act claim concerning attempt to exclude claim under the Act by prior agreement.

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

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 AB (2016): Advising Interim Managers of Charity.

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.

Religious charities: In 2014-15, Jonathan has provided advice in a number of sensitive matters to religious organisations.

Re H (2014): Advising local government body on  dispute relating to historic charitable trusts arising under the Inclosure Acts.

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

Smile Train v D (2013), Chancery Division: Acting for charity trustee in defence of allegations of breach of fiduciary duty.

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.

British Library Board v Hakimzadeh (2009), Chancery Division: Led by William Henderson on behalf of British Library in civil proceedings for the recovery of leaves and plates stolen from books in its historic collections.

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)

"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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