Jonathan Upton


Year of Call: 2004

“A silk in waiting. He has an unwavering ability to get to the commercial crux of a matter extremely quickly.” 

“The perfect package for complex and hard-fought property litigation, Jonathan is both technically brilliant and a creative advocate.”

“He combines a sharp mind, deep knowledge, experience and seasoned advocacy with consummate client-handling skills. Very cerebral, persuasive towards judges, prompt and easy to deal with.”

Legal 500 & Chambers UK
Portrait of Jonathan Upton

Practice Overview

Jonathan’s cases invariably involve land and property but span commercial, company, fraud, trust and insolvency law disputes and related professional negligence. 

He is equally happy acting in large, complex litigation as a part of a team as he is representing an individual landowner, developer or leaseholder.  He has appeared in courts and tribunals at all levels from the First-tier Tribunal to the Supreme Court. He also acts in mediations and arbitrations.  A significant part of his practice is appellate work, including cases in which he did not appear below.  Jonathan is frequently against silks as sole counsel. 

Jonathan is frequently instructed in relation to development agreements and joint ventures, contracts for sale, overage, options, injunctions, specific performance and orders for sale. 

Jonathan has particular experience of cases involving fraudulent dispositions, sham transactions and allegations of dishonesty. He is a seasoned trial advocate and has been involved in a number of cases involving the bona fides of a declaration of trust including Tigris Industries Inc v Ghassemian [2016] EWCA Civ 269; Saranovic v Saranovic The Times, March 21, 2017; and Premium Jet AG v Sutton [2017] EWHC 186 (QB).

His trusts work encompasses co-ownership disputes and applications for orders for sale/TOLATA claims. He successfully argued for a resulting trust analysis in Chaudhary v Chaudhary [2013] EWCA Civ 758; [2013] 2 F.L.R. 1526; [2013] Fam. Law 1257, cited in all the leading texts.  He successfully appeared in the Upper Tribunal (Fancourt J) concerning the First-tier Tribunal’s jurisdiction to determine an application by joint trustees in bankruptcy to register a restriction against a property held in joint names (Wolloff and Dante (as Joint Trustees in Bankruptcy of Alexander James Dhillon) v Patel [2019] UKUT 333 (LC)). 

Jonathan has been ranked in Chambers & Partners and the Legal 500 for many years.  He has very recently been described as “A silk in waiting.  He has an unwavering ability to get to the commercial crux of a matter extremely quickly” and “the perfect package for complex and hard-fought property litigation, Jonathan is both technically brilliant and a creative advocate.” He “combines a sharp mind, deep knowledge, experience and seasoned advocacy with consummate client-handling skills”; he is “very cerebral, persuasive towards judges, prompt and easy to deal with”; and “a good all-round property barrister with both residential and commercial expertise”. 

News & Events

  • News

    Upper Tribunal decides that commencing proceedings without first sending a letter before action is unreasonable conduct

    The Upper Tribunal has allowed an appeal against the FTT’s refusal to make a rule 13 costs order on... Read More

    News

    ThoughtLeaders4 Disputes - 60 Second Interview with Jonathan Upton

    Jonathan Upton features in the latest edition of the ThoughtLeaders4 Disputes Magazine Issue 12 'Clarity In Conflict: New Perspectives On... Read More

  • Events

    The UK Commercial Property Litigation and Disputes Forum: 2nd Annual

    Location: The Royal Horseguards Hotel
    Read More

    Events Hub

    7th International Trusts & Commercial Litigation Conference 2024

    Location:
    Read More

  • "Jonathan is an absolute pleasure to work with. He is highly technically impressive and responsive. His advocacy skills are also excellent."

    Chambers & Partners, 2025
  • "Jonathan has an excellent attention to detail and provides strategic advice."

    Chambers & Partners, 2025
  • "Jonathan is a very bright and hard-working property disputes and mediation barrister."

    Chambers & Partners, 2025
  • "A silk in waiting. He has an unwavering ability to get to the commercial crux of a matter extremely quickly."

    The Legal 500, 2025

Memberships

Association of Leasehold Enfranchisement Practitioners

Chancery Bar Association

Property Bar Association

COMBAR 

News & Events

  • News

    Upper Tribunal decides that commencing proceedings without first sending a letter before action is unreasonable conduct

    The Upper Tribunal has allowed an appeal against the FTT’s refusal to make a rule 13 costs order on... Read More

    News

    ThoughtLeaders4 Disputes - 60 Second Interview with Jonathan Upton

    Jonathan Upton features in the latest edition of the ThoughtLeaders4 Disputes Magazine Issue 12 'Clarity In Conflict: New Perspectives On... Read More

  • Events Hub

    7th International Trusts & Commercial Litigation Conference 2024

    Location: Read More

    Events Hub

    Serle Court Client Party 2024

    Location: Read More