Trident House Development Ltd v Yousaf [2025] EWHC 344 (Ch)

Jonathan Upton has successfully obtained an access order under the Access to Neighbouring Land Act 1992. The developer requires access over the adjacent land to demolish and rebuild part of an external elevation for the purposes of redeveloping of a derelict textile mill into a block of luxury flats.

The issues included whether the proposed works were “preservation works”; the proper interpretation of “maintenance, repair and renewal” in s.1(4)(a); whether the proposed alterations and improvements were “incidental” to the preservation works for the purposes of s.1(5) and how the consideration (or licence fee) should be assessed.

Related Barristers

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.”

Recent instructions include acting 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 debts in the context of the Russian sanctions and OFSI licensing regime; and challenging a Letter of Request issued by the Supreme Court of New York to the Royal Court of Jersey in connection with the Williams F1 Racing Team v Schwarz litigation in the US.

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.”