Jonathan Upton KC

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Jonathan Upton KC is recognised for his work in high-value commercial disputes, real estate litigation and asset recovery. His expertise across these interconnected fields makes him “the perfect package for complex and hard-fought” litigation.

His work is both domestic and international, with many cases involving fraud and trusts. Jonathan is regularly instructed in complex, high-value and urgent applications, including freezing injunctions, proprietary injunctions and asset disclosure orders. Commentators note that “he has an unwavering ability to get to the commercial crux of a matter extremely quickly” and that “Jonathan is both technically brilliant and a creative advocate.”

His real estate work encompasses development disputes, joint ventures, investment and funding arrangements, fraud, and more specialised areas of property law. He is also regularly instructed in company and partnership disputes, arbitration, banking matters and related professional negligence claims.

Jonathan is noted for being “incredibly approachable and helpful. You can just pick up the phone and talk to him” and “an absolute pleasure to work with.”

Recognised for many years by Chambers & Partners and The Legal 500, Jonathan was appointed King’s Counsel in 2026.

Areas of Expertise

Banking & Financial Services

Jonathan acts in a broad range of banking and financial services disputes, including claims concerning secured lending, the enforcement of security, asset recovery and receivership.

He has substantial experience of disputes arising from both regulated and unregulated lending arrangements and is frequently instructed in matters involving mortgages, charges, guarantees and other security interests.

His practice is particularly well suited to cases where banking issues overlap with fraud, trusts, insolvency and real estate disputes. Recent instructions have included advising on the recovery of a substantial contractual debt owed by a designated person under the Russia (Sanctions) (EU Exit) Regulations 2019, including issues relating to the OFSI licensing regime.

Jonathan is regularly instructed in matters where enforcement is challenged by disputes as to ownership, priority, beneficial interests or allegations of misconduct.

Civil Fraud & Asset Recovery

Jonathan is regularly instructed in civil fraud and asset recovery disputes involving allegations of dishonesty, breaches of fiduciary duty, sham transactions, fraudulent dispositions and transactions designed to conceal beneficial ownership.

He has extensive experience of cases involving trusts, corporate structures and real estate assets, and is particularly well placed to advise where fraud, trust and property issues intersect.

Jonathan is regularly instructed in urgent applications for freezing injunctions, proprietary injunctions and asset disclosure orders.

Recent instructions include acting for the second defendant in a substantial Commercial Court group action involving over 200 claimants and allegations of fraud, conspiracy and non est factum; acting in an investment dispute involving allegations of breach of fiduciary duty, Quistclose trusts, Pallant v Morgan equity and constructive trusts; and advising on asset recovery issues arising from the Russia (Sanctions) (EU Exit) Regulations 2019 and the OFSI licensing regime.

Jonathan is recognised for his forensic approach to complex disputes and his effectiveness in witness handling and cross-examination.

Commercial disputes

Jonathan acts in high-value commercial disputes and arbitration, with particular expertise in cases involving commercial fraud, asset recovery, breaches of fiduciary duty, trusts and urgent injunctive relief. His work frequently has an international dimension, including disputes involving offshore structures, trusts, sanctions issues and foreign jurisdictions.

He is regularly instructed in urgent and hard-fought litigation, including applications for freezing injunctions, proprietary injunctions, asset disclosure orders and other interim relief. He has particular experience of disputes at the intersection of commercial, trust and property law.

Recent instructions have included:

Acting for the second defendant in a substantial Commercial Court group action involving over 200 claimants and allegations of fraud, conspiracy and non est factum.
Advising on the recovery of a substantial contractual debt owed by a designated person under the Russia (Sanctions) (EU Exit) Regulations 2019, including the application of the OFSI licensing regime and sanctions compliance issues.
Successfully resisting an application for urgent injunctive relief against a “no cause of action defendant” in complex multi-party proceedings.
Acting in an investment dispute involving allegations of breach of fiduciary duty, Quistclose trusts, Pallant v Morgan equity and constructive trusts.
Advising in relation to claims for misrepresentation and breach of contract before the Royal Court of Jersey.
Acting in a joint venture and partnership dispute concerning a £12 million real estate development.

Jonathan is regularly instructed in substantial commercial disputes where property, trusts, insolvency and asset recovery issues form a significant aspect of the case.

He welcomes instructions in both domestic and international litigation and arbitration and is available to act in proceedings in the British Virgin Islands, Jersey, Guernsey, Bermuda and the Dubai International Financial Centre.

Company

Jonathan acts in company, shareholder and partnership disputes, including unfair prejudice petitions, claims concerning directors’ duties, joint venture disputes and issues arising from the ownership and control of private companies.

He is particularly experienced in cases where company law issues intersect with trusts, fiduciary obligations, property interests and allegations of dishonesty.

Recent instructions have included acting in an investment dispute involving allegations of breach of fiduciary duty, Quistclose trusts, Pallant v Morgan equity and constructive trusts; advising in a joint venture dispute concerning a £12 million real estate development; and successfully resisting an application for urgent injunctive relief in Sebba v Heathgate Block Management Ltd [2026] EWHC 1539 (Ch), in which the court (Leech J) accepted Jonathan’s submissions on the rule in Foss v Harbottle and refused a director’s claim in respect of alleged breaches of fiduciary duty owed to the company.

Jonathan also has significant experience of disputes concerning companies owned and controlled by leaseholders, including issues arising from the management of residential and mixed-use developments.

Partnerships & Joint Ventures

Jonathan acts in a broad range of partnership and joint venture disputes, often involving substantial real estate developments, investment structures and closely-held businesses.

He is particularly experienced in disputes concerning partnership property, fiduciary duties, ownership and control, profit-sharing arrangements and the unwinding of failed commercial relationships.

Recent instructions have included acting in a dispute concerning a £12 million development joint venture and acting in an investment dispute involving allegations of breach of fiduciary duty, Quistclose trusts, Pallant v Morgan equity and constructive trusts.

He appeared in Uthyavel v Raviraj [2021] EWHC 501 (Ch), a five-day High Court trial concerning partnership property and the ownership of a business and associated real estate assets.

Professional Negligence

Jonathan acts in a wide range of professional negligence disputes involving solicitors, surveyors, valuers, property managers and other professionals.

His practice is particularly well suited to claims arising out of real estate transactions, development projects, commercial disputes and trust structures, where questions of professional negligence often overlap with complex issues of property, fiduciary duty, valuation and causation.

Recent instructions have included acting in a claim against solicitors arising from a failure to register a property transaction, following which the vendor resold the property to an innocent third-party purchaser.

Jonathan is recognised for his ability quickly to identify the commercial and legal issues which underpin complex negligence claims and for his practical approach to questions of causation, loss and quantum.

Property

Jonathan is recognised for his expertise across the full spectrum of real estate disputes, including development disputes, commercial and residential landlord and tenant matters, co-ownership claims and joint venture disputes.

He is regularly instructed in high-value development disputes involving the interpretation of overage agreements, rights of light, restrictive covenants and other constraints on development. His cases frequently involve expert valuation evidence and the assessment of negotiating damages, often by reference to development profits. Recent work includes acting in a £1.9 million rights of light claim arising from the redevelopment of a prominent site in Shoreditch and successfully obtaining an access order for the developer of a derelict mill (Trident House Development Ltd v Yousaf [2025] 1 W.L.R. 2958).

Jonathan is also regularly instructed in disputes concerning joint ventures and other land-related matters, including contracts for sale, options, overage agreements, injunctions, specific performance, possession claims and applications for sale.

Jonathan is widely recognised as a leading practitioner in the law relating to restrictive covenants. Recent cases include:

Blackhorse Investments (Borough) Limited v Southwark LBC [2024] UKUT 33 (LC); [2025] 1 P. & C.R. 7
Lees v Southern Electric Power Distribution Plc LC-2023-000412.
Martin v Lipton [2020] UKUT 8 (LC); [2020] PLSCS 7.

Jonathan also maintains a residential landlord and tenant practice. He has particular expertise in the statutory regimes governing residential landlord and tenant relationships and is regularly instructed on matters affecting mixed-use developments. His expertise includes tenants’ rights of first refusal, leasehold enfranchisement, right to manage claims, lease variations and service charge disputes, often involving substantial group litigation. Notable cases include:

The Phoenix Place litigation [2026] UKUT 257 (LC); [2026] EWHC 371 (Ch); [2025] EWHC 392 (Ch); [2024] UKUT 253 (LC)
The Canary Riverside litigation [2025] UKUT 320 (LC); [2025] UKUT 246 (LC); [2024] UKUT 59 (LC); [2024] L. & T.R. 22; [2024] UKUT 72 (LC); [2023] UKUT 137 (LC); [2022] UKUT 98 (LC)
Eastern Pyramid Group Corp SA v Spire House RTM Company Limited [2021] EWCA Civ 1658; [2022] 1 W.L.R. 503; [2021] 11 WLUK 73; [2022] L. & T.R. 8; Times, January 17, 2021
Chaun-Hui v K Group Holdings Inc [2021] EWCA Civ 403; [2021] 1 W.L.R. 5981; [2021] 3 WLUK 329; [2022] 1 P. & C.R. 14; [2021] L. & T.R. 12
Consensus Business Group (Ground Rents) Ltd v Palgrave Gardens Freehold Co [2020] EWHC 920 (Ch); [2020] 4 WLUK 236; [2020] 2 P. & C.R. 13; [2020] L. & T.R. 12
Freehold Properties 250 Ltd v Field & Others [2020] EWHC 792 (Ch); [2020] Ch. 665; [2020] 3 W.L.R. 233; [2020] 4 WLUK 142; [2020] L. & T.R. 15 Meaning of “tenant of a leasehold house” in s.1(1) of 1967 Act; no right to enfranchise an eggshell lease; whether parcels clause void under s.23(1).
CQN RTM Company Limited v Broad Quay North Block Freehold Limited [2018] UKUT 183 (LC); [2018] 7 WLUK 758; [2019] H.L.R. 9; [2018] L. & T.R. 26
Daejan Investments Ltd v Benson [2013] UKSC 14; [2013] 1 W.L.R. 854; [2013] 2 All E.R. 375; [2013] 3 WLUK 107; [2013] H.L.R. 21; [2013] 2 P. & C.R. 2; [2013] L. & T.R. 17; [2013] 2 E.G.L.R. 45; [2013] R.V.R. 164

Trusts, Fiduciary Duties & Equitable Remedies

Jonathan is regularly instructed in disputes concerning trusts, fiduciary obligations, equitable interests and beneficial ownership, particularly where such issues arise in commercial disputes, real estate litigation, insolvency and asset recovery proceedings.

His practice encompasses co-ownership disputes, proprietary claims, resulting and constructive trusts, Quistclose trusts, Pallant v Morgan equity, TOLATA claims and applications for sale. He is particularly experienced in cases involving allegations of breach of fiduciary duty, sham transactions, fraudulent dispositions and the concealment of beneficial ownership.

Recent instructions have included acting in an investment dispute involving allegations of breach of fiduciary duty, Quistclose trusts, Pallant v Morgan equity and constructive trusts; acting for the second defendant in a substantial Commercial Court group action involving allegations of fraud and non est factum; and advising on the recovery of a substantial contractual debt owed by a designated person under the Russia (Sanctions) (EU Exit) Regulations 2019, including issues relating to the OFSI licensing regime.

Jonathan has extensive experience of trust disputes in both the domestic and commercial context. He successfully argued (as sole junior counsel) for a resulting trust analysis in Chaudhary v Chaudhary [2013] EWCA Civ 758 and appeared in Wolloff and Dante (as Joint Trustees in Bankruptcy of Alexander James Dhillon) v Patel [2019] UKUT 333 (LC), concerning the jurisdiction of the First-tier Tribunal in proceedings involving trustees in bankruptcy and jointly-owned property.

He is also regularly instructed to act for interveners in high-value matrimonial proceedings involving trusts, beneficial ownership, proprietary estoppel and related equitable claims.