Year of Call: 2004
Jonathan’s cases invariably involve land and property but span commercial, company, fraud, trust and insolvency law disputes and related professional negligence. Jonathan is recognised as a leading senior junior having been providing advice and advocacy on these issues for almost twenty years. He has appeared in courts and tribunals at all levels, including the Supreme Court and Court of Appeal (on many occasions without a leader). He is equally happy acting in large, complex litigation as part of a team as he is representing an individual landowner, developer or leaseholder. Jonathan is frequently against silks as sole counsel. He also acts in mediations and arbitrations.
Jonathan is acknowledged as a leading practitioner in the fields of restrictive covenants, rights to light and other easements, leasehold enfranchisement, tenants’ rights of first refusal, right to manage and service charges. Jonathan is particularly experienced on matters relating to mixed-use developments. His cases regularly involve large group litigation.
He is frequently instructed in relation to joint ventures, overage, contracts for sale, 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 is “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”.
Jonathan also accepts instructions directly from members of the public under the Public Access scheme.
Jonathan’s practice includes the full spectrum of real property and commercial and residential landlord and tenant disputes.
He has significant experience in rights of light disputes and disturbances of other easements, acting for both developers and land owners, involving claims for injunctive relief and damages in lieu. His cases frequently involve expert evidence on negotiating damages based on a share of development profit. His recent work includes a claim for £1.9m arising out of the redevelopment of a prominent site in Shoreditch.
Jonathan advises and litigates on joint venture disputes and other matters relating to land including contracts for sale, overage, options, injunctions, specific performance, possession and orders for sale.
He is acknowledged as a leading practitioner in the field of restrictive covenants. Recent cases include:
Jonathan’s extensive knowledge of the statutory protections in the residential landlord and tenant context make him the first choice counsel on matters affecting mixed-use developments. He advises and litigates on lease interpretation, tenants’ rights of first refusal, leasehold enfranchisement, right to manage, variation of leases and service charges. His cases frequently involve large group litigation. Recent notable cases include:
Jonathan continues to act for the leaseholders in the ongoing Canary Riverside Litigation which ostensibly concerns a management order made under Part IV of the 1987 Act but has involved land registration; priority of interests and whether a management order is binding on successors in title: Riverside CREM 3 Limited v Unsdorfer & Others [2022] UKUT 98 (LC). In addition to the underpinning property law, the issues have included conflict of interest, breach of confidence and legal privilege (arising from an attempt to use documents obtained from a laptop stolen to order from the manager’s home) and excluding evidence on the basis of relevance. A hearing in December 2023 considered whether a tribunal manager can be an “Accountable Person” under the Building Safety Act and the interaction between building safety functions under the BSA and management functions under a management order. In related litigation, Jonathan is due to appear in the Upper Tribunal in March 2024 on an appeal concerning £1.5m unlawful insurance commissions. The matter is listed for a further 10-day hearing in the FTT in May 2024 to decide whether the management order should be extended and on what terms.
A significant part of Jonathan’s work is in a commercial context. The vast majority of his cases include issues relating to contractual interpretation. His practice includes business disputes between commercial parties and involves commercial fraud, enforcement of judgments and asset tracing.
Jonathan particularly enjoys working as part of a team in large, complex litigation where he leads on property-related issues.
He accepts instructions in disputes (litigation and arbitration) in the Cayman Islands, British Virgin Islands, Jersey, Guernsey, the Dubai International Financial Centre and Bermuda.
Jonathan has extensive 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).
He is highly sought after in such cases for his forensic eye for detail and his prowess in cross-examination at trial.
Jonathan has acted as sole counsel on company matters including petitions under s.994 of the Companies Act 2006 and cases concerning directors’ duties. He is particularly experienced on matters relating to the management and administration of companies owned and controlled by leaseholders.
His trusts work encompasses co-ownership disputes and applications for orders for sale/TOLATA claims in both the domestic and commercial context. 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 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).
Jonathan acts in a range of professional negligence disputes, invariably involving solicitors, valuers, surveyors and other property professionals. His extensive knowledge of the underpinning substantive property law and/or valuation principles makes him a natural choice.
Recent work includes a claim against solicitors for failing to register a transaction in circumstances where the vendor subsequently re-sold the property to an innocent third party.
Jonathan has significant experience in banking and financial services disputes. He has acted in many high value cases about the enforcement of securities in regulated and unregulated lending. He is often instructed to advise and act in securities and receivership cases where enforcement is challenging.
Recent works include Uthyavel v Raviraj [2021] EWHC 501 (Ch), a 5-day trial regarding a complex partnership dispute about a business and properties in East London.
Jonathan frequently acts for large groups of leaseholders. Recent examples include:
Jonathan has also acted in many cases for local authorities in borough-wide applications for dispensation with the consultation requirements in relation to electricity contracts, insurance and major works. He has also acted for landlords in similar applications against large groups of leaseholders.
Jonathan accepts instructions directly from members of the public under the Public Access scheme. He frequently acts for developers, landlords, management companies and individual leaseholders. In appropriate cases, he may also be able to accept direct access instructions from a large group of leaseholders.
“Jonathan Upton is intelligent, reliable and pragmatic in his approach to dealing with matters.” (Chambers UK, 2024)
“Very reliable and experience in leasehold enfranchisement matters.” (Chambers UK, 2024)
“Jonathan is first rate on all things residential. He offers senior experience and service.” (Legal 500, 2024)
“Jonathan is realistic, which is a valuable skill in commercial settings.” “He is just incredibly approachable and helpful. You can just pick up the phone and talk to him.” “Jonathan is easy to work with and has a very good understanding of the law.” (Chambers UK, 2023)
“The perfect package for complex and hard-fought property litigation, Jonathan is both technically brilliant and a creative advocate.” (Legal 500, 2023)
“He is a very good technical specialist on service charge disputes.” “He is an absolute master of the First-tier Tribunal.” “His written arguments are spot-on and convincing.” (Chambers UK, 2022)
“Jonathan is quietly confident and learned, a strong intellect and someone who has really established his own name as a leading practitioner in restrictive covenant and residential law.” (Legal 500, 2022)
“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. A good all-round property barrister with both residential and commercial expertise.” (Chambers UK, 2021)
“Very knowledgeable and experienced in service charges and enfranchisement.” (Legal 500, 2021)
“A good choice for tricky cases, and someone who provides advice efficiently. He is both very commercial and good value for money.” (Chambers UK, 2020)
“A specialist in residential service charge law.” (Legal 500 2020 (Property Litigation))
Co-author, Service Charges & Management, 3rd Edition (Sweet & Maxwell)
Section Editor, Property Law UK
Managing Editor, News on the Block, The LVT Bulletin
Contributor, Leasehold Life
Contributor, Flat Living
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
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
Association of Leasehold Enfranchisement Practitioners
Chancery Bar Association
Property Bar Association
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
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