Jonathan Upton KC

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

• Lees v Southern Electric Power Distribution Plc LC-2023-000412 – Acting for objector in relation to land adjoining an electricity substation.
• Blackhorse Investments (Borough) Limited v Southwark LBC LC-2021-000445 – Application to set aside a final order modifying a restrictive covenant to permit conversion of a former public house into residential flats.
• Martin v Lipton [2020] UKUT 8 (LC); [2020] PLSCS 7 – Successfully acted for an indemnity provider in a claim for modification of a restrictive covenant preventing development. The claim was fiercely opposed by all of the insured’s neighbours.

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.

• Eastern Pyramid Group Corporation 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 – Right to Manage; withdrawal of claim notice; proper construction of s.86(2); consequences of failing to serve notice of withdrawal on qualifying tenants.
• 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 – Whether payments under a management order are “service charges”; recovery of arrears owed to manager following termination of manager’s appointment.
• 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 – Collective enfranchisement; Initial notices; Validity; Permission to amend; meaning of “self-contained building”.
• 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). Permission to appeal to the Court of Appeal was granted but the appeal was withdrawn.
• 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 – Right to Manage; meaning of “structurally detached”.
• The Optic Freeholders Limited & Others v Francia Properties Limited [2018] 9 WLUK 451 – Tenants’ Rights of First Refusal; Enforcement of Purchase Notice 16 years after relevant disposal; validity of purchase notice; delay; whether planning permission a “change in circumstances.”
• Francia Properties Ltd v Aristou & Ors [2017] L. & T.R. 5 – Whether roof development interferes with RTM company’s management functions – permission granted for leapfrog appeal to CA.
• Saranovic v Saranovic [2017] Co-ownership; beneficial interests; s.1(2)(b) of the Law of Property (Miscellaneous Provisions) Act 1989; unjust enrichment; non est factum; order for sale.
• Premium Jet AG v Sutton [2017] EWHC 186 (QB) Enforcement of Foreign Judgments; Final Charging Order; Beneficial Interests; Declaration of Trust; sham transactions; s.423 Insolvency Act 1986; transactions defrauding creditors.
• Saunders v Al-Himaly [2017] EWHC 2219 (Ch) Joint venture; proprietary estoppel; unjust enrichment.
• Tigris Industries Inc v Ghassemian [2016] EWCA Civ 269 Fraud; beneficial ownership; order for sale; second appeals; abuse of process.
• Dass v Beggs [2014] EWHC 164 (Ch) Fraud; security for costs.
• Ghassemian v Tigris Industries Inc [2013] EWHC 2170 (Ch); [2013] 7 WLUK Adverse possession; Charged property; Legal charges.
• Chaudhary v Chaudhary [2013] EWCA Civ 758; [2013] 5 WLUK 25; [2013] 2 F.L.R. 1526; [2013] Fam. Law 1257 Beneficial interests; Resulting Trusts; Presumption of advancement.
• Clearwater Properties Ltd, Re [2013] UKUT 210 (LC); [2013] 3 WLUK 767 Consent; Discharge; Restrictive covenants; User covenants.
• 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 Service charges; Consultation; Dispensation.