Jonathan undertakes a full spread of general commercial work. Much of his practice has a focus on litigation arising from breaches of fiduciary duty, fraud and the theft of confidential information. He authored the civil fraud chapter in the SFO’s book, Serious Economic Crime, published in 2011. Jonathan is also regularly instructed to advise and appear in claims involving public law issues and challenges under the Human Rights Act.
Recent cases of interest in this area include:
- De Pury v The Rudolf Staechelin Family Trust & Ors. Ongoing Chancery Division claim for commission on the private sale of a painting for over $200 million.
- Farrar v Miller. Substantial Chancery Division dispute between property developers, as to the validity of an oral joint venture agreement and the effect of Section 2 of the Law of Property Act 1989. Judgment on appeal is awaited.
- O’Brien v Josh Wood Hair & Ors. Shareholder dispute in respect of the ownership of a famous hair care brand sold in major High Street stores.
- Optaglio Ltd v Tethal & Hudson  EWCA Civ 1002,  All ER 51. Claim by leading technology company, specialising in the laser holographic etching of microchips, against two former directors for fraud and misappropriation of intellectual property. The decision of the Court of Appeal is now one of the leading authorities on disposing of factual disputes on summary judgment applications.
- Maitland Hudson & Anr v Dempsey (Solicitors’ Regulatory Authority intervening). Chancery Division claim by high profile solicitors’ practices in London and Paris for the return of privileged and confidential files taken by a former partner. Described on the front page of the Law Society Gazette as the “first legal action by a law firm against a self-styled in-house ‘whistleblower’.”
- Gateway Plaza v White  EWCA Civ 555,  EGLR 191. First Court of Appeal decision on the meaning of the words “exchange contracts”.
- Valilas v Januzaj  EWCA Civ 436,  1 All ER (Comm) 1047. Important Court of Appeal judgment on whether a deliberate decision not to make payment pursuant to a contract is necessarily repudiatory.
- Golden Eye International Ltd & Ors v Telefonica UK Limited (Consumer Focus Intervening)  EWCA Civ 1740,  EMLR 26. Leading Court of Appeal decision on Norwich Pharmacal applications to obtain the identities of internet pirates.
- Besharova v Ede & Ravenscroft. Companies Court claim by the former wife of Boris Berezovsky that the directors of Ede & Ravenscroft, co-owners with her of a prestige commercial building in the heart of St Petersburg, which she received from Berezovsky as part of her divorce settlement, were cheating her out of many millions of pounds of rental income.
- JSC BTA Bank v Ablyazov, Drey Associates & ors  EWCA Civ 1124,  1 WLR 976. Joined appeals in the Court of Appeal in a significant international fraud claim. The appeals address the important issue of whether the privilege against self incrimination applies to a risk of a money laundering charge.