Professor Jonathan Harris KC (Hon) - Barrister

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Professor Jonathan Harris KC (Hon) practises in all core areas of commercial and chancery litigation.

He has a pre-eminent reputation in the field of private international law and specialises in cross-border disputes (particularly disputes raising issues of jurisdiction, arbitration, anti-suit injunctions, recognition and enforcement of foreign judgments and choice of law- both under the European legislation and the common law rules). He also specialises in offshore litigation. He has also drafted firewall and asset protection legislation for a number of offshore jurisdictions (including BVI and Gibraltar).

Jonathan is joint general editor (with Lord Collins of Mapesbury) of the leading work Dicey, Morris and Collins, The Conflict of Laws (and is also responsible for eleven chapters).

Jonathan was instructed for the successful appellant in the Privy Council in Hutcheson v Spread Trustees, a case concerning trustee exemption clauses in Guernsey. He was also instructed for the successful respondent in the landmark Supreme Court case of Granatino v Radmacher on pre-nuptial agreements.

He has been instructed in landmark offshore cases including Charman v Charman and Mubarak v Mubarak.

Jonathan also regularly provides expert opinions on English law for foreign proceedings as well as on the law of offshore jurisdictions.

Jonathan is a member of the Lord Chancellor’s Advisory Committee on Private International Law. He was legal advisor to the Ministry of Justice in negotiations on the EU Succession Regulation. He gave evidence to the House of Lords EU Select Committee on the implications of Brexit for cross-border dispute resolution.

He is author of The Hague Trusts Convention and co-author of International Sale of Goods in the Conflict of Laws. He has also contributed to two editions of Underhill and Hayton, Law of Trusts and Trustees and to Benjamin’s Sale of Goods (8th edition). He is co-editor of the Journal of Private International Law, joint general editor of the Oxford Private International Law Series and an editorial board member of Trusts and Trustees. He is a member of STEP and honorary member of ACTAPS.

Jonathan also holds the position of Professor of International Commercial Law at King’s College, London on a part-time basis; and is Senior Research Fellow at Jesus College, Oxford and Harris Manchester College, Oxford. He has previously been Visiting Professor at the National University of Singapore and Visiting Professorial Fellow at the University of New South Wales, Australia.

Jonathan’s practice was the subject of a profile in the New Law Journal.

Areas of Expertise

Private International Law

Jonathan has a pre-eminent reputation in the field of private international law. He is joint general editor (with Lord Collins of Mapesbury) of the leading work Dicey, Morris and Collins, The Conflict of Laws (and is responsible for eleven chapters of the book). He practises and has written widely on matters of jurisdiction, international arbitration, anti-suit injunctions, recognition and enforcement of foreign judgments and choice of law. He has particular expertise in respect of the European rules of private international law, including the Brussels I and II bis Regulations and the Rome I and II Regulations; as well as the rules of the English common law. He is also an expert on the rules of private international law in offshore jurisdictions and has drafted legislation in this field in a number of jurisdictions.

Jonathan is also Professor of International Commercial Law at King’s College, London (on a part-time basis); and Senior Research Fellow at Jesus College, Oxford and Harris Manchester College, Oxford. He is author of The Hague Trusts Convention and co-author of International Sale of Goods in the Conflict of Laws. He is co-editor of the Journal of Private International Law and joint general editor of the Oxford Private International Law series. He is also a former editor of Benjamin’s Sale of Goods.

Recent Cases

GDE LLC v Anglia Autoflow Ltd [2020] EWHC 105 (Comm) – Instructed by the successful Defendant in trial of a preliminary issue as to the governing law of an agency contract to distribute poultry equipment in North America.
Ang v Reliantco [2019] 3 W.L.R. 161 – Acted for the successful defendant arguing that an investor in Bitcoin futures was a consumer for the purposes of the European rules of jurisdiction.
Re A Trust (2017) – Instructed on behalf of the claimant in complex cross-border proceedings relating to the jurisdiction of a Gibraltar court in respect of trust property.
Re H Trust (2017) – Instructed to give expert evidence on enforceability of English matrimonial order in respect of Cayman law trusts.
Grupa Ozarow v Clean Energy Trading CL [2016] EWHC 2322 (Comm)
Kea Investments Ltd v Novatrust Ltd – Instructed for two parties who successfully resisted a jurisdiction challenge before in the BVI and successfully brought a jurisdiction challenge in respect of related proceedings in England.
SMF v Butterfield [2014] Bda LR 13 – Instructed for the successful claimant in high value claim in Bermuda as to the contractual liability of a Bermuda trust to a Swiss charitable foundation to fund the construction of an opera house.
Earl of Durham v Lady Lucinda Lambton & Ors (2013) – Instructed on behalf of the Claimant, who resisted a challenge to the jurisdiction of the English courts.
Granatino v Radmacher [2011] 1 A.C. 534 – Appeared as a junior counsel on behalf of the respondent in a landmark case heard by nine judges in the Supreme Court. The appeal concerned the weight to be given to a pre-nuptial agreement in ancillary relief proceedings. The appeal was dismissed.
Masri v CCIC & Ors [2011] EWHC 1780 (Comm) – Conspiracy claim – successful application for stay of proceedings in favour of Greek courts
Masri v CCIC & Ors [2011] EWHC 1024 (Comm) – Civil contempt of court claim in the Commercial Court. Instructed in landmark offshore trusts including Charman v Charman and Mubarak v Mubarak [2008] JCA 196.

Jonathan also regularly provides expert opinions on aspects of private international law in foreign proceedings, including:

Re H (evidence on Cayman law for English court)
Re P (Russian courts)
Rybolovlev v Rybolovleva (Swiss courts)
Re C (Greek courts)
Rotstain v Trustmark National Bank (US courts)
Re Vivendi Universal, S.A., Securities Litigation (US courts)
Re Royal Dutch / Shell Transport Securities Litigation (US courts)
Re Royal Ahold N.V. Securities & Erisa Litigation (US courts)
Re Parmalat Securities Litigation (US courts)
Re Scor Holding (Switzerland) AG Securities Litigation (US courts)
Re Alstom SA Securities Litigation (US courts)
Anwar v Fairfield Greenwich (US courts)
Re BP plc Securities Litigation (US courts)
Re Royal Bank of Scotland Group plc Securities Litigation (US courts)

Commercial Litigation

Jonathan Harris specialises in cross-border commercial disputes. He is also regularly instructed in offshore jurisdictions around the world; as well as on matters raising issues as to the application of European law. He is joint general editor (with Lord Collins of Mapesbury) of Dicey, Morris and Collins, The Conflict of Laws (responsible for eleven chapters of the book) and practises and has written widely on matters of jurisdiction, international arbitration, anti-suit injunctions, recognition and enforcement of foreign judgments, anti-suit injunctions, and choice of law. He is also Professor of International Commercial Law at King’s College, London (on a part-time basis). He is an editor of Benjamin’s Sale of Goods and co-author of International Sale of Goods in the Conflict of Laws.

Recent Cases

GDE LLC v Anglia Autoflow Ltd [2020] EWHC 105 (Comm) – Instructed by the successful Defendant in trial of a preliminary issue as to the governing law of an agency contract to distribute poultry equipment in North America.
Ang v Reliantco [2019] 3 W.L.R. 161 – Acted for the successful defendant arguing that an investor in Bitcoin futures was a consumer for the purposes of the European rules of jurisdiction.
Grupa Ozarow v Clean Energy Trading CL [2016] EWHC 2322 (Comm)
Novatrust v Kea – Instructed in successful application to challenge jurisdiction of courts in respect of high-value claims relating to BVI company.
Masri v CCIC & Ors [2011] EWHC 1780 (Comm) – Conspiracy claim – successful application for stay of proceedings in favour of Greek courts.
Masri v CCIC & Ors [2011] EWHC 1024 (Comm) – Civil contempt of court claim in the Commercial Court.
OJSC Oil Co Yugraneft (In Liquidation) v Abramovich & Others [2008] EWHC 2613 (Comm) – Involved in successful application for reverse summary judgment.
General Motors Corporation v Royal & Sun Alliance Insurance [2007] EWHC 2206 (Comm) – Instructed in successful application for anti-suit injunction.

Jonathan also regularly provides expert opinions in foreign proceedings. Recently, he has given expert opinions in numerous US cases, including:

Rotstain v Trustmark National Bank (US courts)
Re Vivendi Universal, S.A., Securities Litigation
Re Royal Dutch / Shell Transport Securities Litigation
Re Royal Ahold N.V. Securities & Erisa Litigation
Re Parmalat Securities Litigation
Re Scor Holding (Switzerland) AG Securities Litigation
Re Alstom SA Securities Litigation
Anwar v Fairfield Greenwich
Re BP Plc Securities Litigation
Re Royal Bank of Scotland Group Plc Securities Litigation

Trusts & Probate

Jonathan practises in all areas of trusts and probate and has particular expertise in the fields of international and offshore trusts and wills. He is a noted expert on offshore firewall and asset protection laws and has drafted legislation for a number of offshore jurisdictions. He is joint general editor (with Lord Collins of Mapesbury) of Dicey, Morris and Collins, The Conflict of Laws (responsible for eleven chapters, including those on trusts, succession, property and matrimonial property) and has written widely on the laws of offshore jurisdictions. He acted as legal advisor to the Ministry of Justice on the EU Regulation on Cross-Border Succession and Wills. He is author of The Hague Trusts Convention and has contributed to two editions of Underhill and Hayton, Law Relating to Trusts and Trustees. He is a member of the editorial board of Trusts and Trustees, contributor to International Trusts Laws, a member of STEP and an honorary member of ACTAPS.

Jonathan also regularly provides expert opinions on aspects of trusts and succession law in foreign proceedings around the world.

Recent Cases

Re A Trust (2017) – Instructed on behalf of the claimant in complex cross-border proceedings relating to the jurisdiction of a Gibraltar court in respect of trust property.
Re H Trust (2017) – Instructed to give expert evidence on enforceability of English matrimonial order in respect of Cayman law trusts.
Kea Investments Ltd v Novatrust Ltd – Instructed for two parties who successfully resisted a jurisdiction challenge before in the BVI and successfully brought a jurisdiction challenge in respect of related proceedings in England.
SMF v Butterfield [2014] Bda LR 13 – Instructed for the successful claimant in high value claim in Bermuda as to the contractual liability of a Bermuda trust to a Swiss charitable foundation to fund the construction of an opera house.
Earl of Durham v Lady Lucinda Lambton & Ors (2013) – Instructed on behalf of the Claimant, who resisted a challenge to the jurisdiction of the English courts.
Spread Trustee Co Ltd v Hutcheson & Others [2012] 2 A.C. 194 – Appeared on behalf of the successful appellant in a landmark appeal concerning trusts exemption clauses in Guernsey.
Granatino v Radmacher, [2011] 1 A.C. 534 – Appeared as a junior counsel on behalf of the respondent in a landmark case heard by nine judges in the Supreme Court. The appeal concerned the weight to be given to a pre-nuptial agreement in ancillary relief proceedings. The appeal was dismissed.
Charman v Charman – Issues relating to the enforcement of an English judgment overseas.
Mubarak v Mubarak [2008] JCA 196 – Concerning the effects of an English ancillary relief order in Jersey.

EU Law

Recent Cases

GDE LLC v Anglia Autoflow Ltd [2020] EWHC 105 (Comm) – Instructed by the successful Defendant in trial of a preliminary issue as to the governing law of an agency contract to distribute poultry equipment in North America.
Ang v Reliantco [2019] 3 W.L.R. 161 – Acted for the successful defendant arguing that an investor in Bitcoin futures was a consumer for the purposes of the European rules of jurisdiction.

Direct Access

Jonathan is authorised by the Bar Standards Board to accept instructions under the Direct Access Scheme.