Jonathan has a strong credit hire practice and can confidently deal with any issue that arises from such litigation. He adopts a forensic and detailed approach to these cases. Recently, Jonathan persuaded the Court that the Defendant’s Whichrate summary was inadequate, leading to the BHR evidence being stuck out.
Given his experience and knowledge of credit hire, Jonathan was instructed on a permission to appeal hearing following a finding of misrepresentation at first instance. Jonathan successfully persuaded the Court that misrepresentation as a legal concept in credit hire claims is flawed due to the bars to rescission, particularly affirmation of the contract.
Contact Jonathan’s clerks
Senior Clerk – Andy Reeves on 0113 213 5252
Talia Webster on 0113 202 8609
Jonathan recently succeeded in a County Court Appeal concerning a parking charge notice. Jonathan persuaded the Court that Schedule 4 to the Protection of Freedoms Act 2012 did not apply, despite the same not being argued at first instance. The Court agreed and dismissed the Appellant’s appeal.
Jonathan is regularly instructed on car finance and payment protection insurance claims. He regularly argues that the relationships are unfair, that there is a secret or half-secret commission payment and that equitable rescission ought to be awarded, and that there has been breaches of the CONC rules.
Jonathan is well experienced in debt recovery matters. He was recently instructed to defend a business accused of tampering with their electrical meter, resulting in tens of thousands of pounds of debt accruing. Jonathan persuaded a Circuit Judge that the Defendant had not tampered with the meter and consequently reduced the amount paid in damages, interest and costs to a minimum.
Jonathan successfully struck out a claim in the High Court, which alleged multiple causes of action including fraud.
Jonathan has recently advised on two separate issues concerning problems with new-build properties. As such, Jonathan can advise on issues surrounding the NHBC warranty and insurance cover.
A Local Authority recently instructed Jonathan on a contested Non-Domestic Rating (Unoccupied Property) matter. Jonathan successfully persuaded the Magistrates’ Court to make a liability order for the total amount owed, plus costs assessed on a summary basis.
Jonathan is regularly instructed to draft Defences for major mobile telephone network companies. Causes of action within these claims usually include reference to the Consumer Rights Act 2015 and the Data Protection Act 2018. Jonathan has also drafted numerous Particulars of Claims for consumer rights matters, ranging from defective motor engines in sports cars to broken caravan awnings.
Contact Jonathan’s clerks
Senior Clerk – Andy Reeves on 0113 213 5252
Talia Webster on 0113 202 8609
“He is a talent in the making there. He has worked closely on this one with me to provide an amazing result out of a real messy claim. Very happy, very happy client too.” – Instructing Solicitor
Before being called to the Bar, Jonathan spent four years working within the legal department of a large social landlord, New Charter Housing Trust Group. He ran a busy caseload of disrepair, possession and injunction matters during this time. His years working for New Charter have allowed him to better understand the issues his instructing solicitors experience.
Jonathan regularly appears in disrepair matters. He is often instructed to appear at allocation hearings. At trial, Jonathan is highly familiar with Birmingham v Lee [2008] EWCA Civ 891 and regularly makes arguments as to the applicability of costs up to either allocation or when the repairs were completed. Jonathan is regularly instructed to advise on both the merits of liability and likely quantum of disrepair matters and prides himself on his attention-to-detail in his analysis of these cases. Jonathan has a very busy disrepair paper practice and drafts many high-quality pleadings per week.
Jonathan recently appeared on behalf of a landlord in a complex disrepair matter. He persuaded the Court to dismiss the whole claim after careful analysis of the Particulars of Claim, expert and witness evidence. In essence, Jonathan persuaded the Court to limit the Claimant’s claim to the pleaded items and that each had been repaired within a reasonable period. Any additional items that appeared in the witness evidence were disregarded.
Jonathan confidently deals with possession matters. He was recently instructed to seek possession of a property for the non-payment of rent. The claim was met with a counterclaim for disrepair. Jonathan persuaded the Court to make the possession order, to award the total amount claimed for in rent arrears, and to depart from the fixed costs regime, resulting in several thousands of pounds in costs being awarded.
In another complex possession matter involving the Official Solicitor, Jonathan persuaded the Court to grant possession at an interlocutory hearing following receipt of the Defence, despite issues being raised including a non-valid increase in rent, a failure to protect a tenancy deposit and disrepair.
Jonathan is very comfortable with the authorities surrounding the public sector equality duty and regularly appears for social landlords to defeat such arguments.
Jonathan recently advised on a claim concerning statutory succession of the tenancy by a minor which created an equitable tenancy in favour of the child.
Contact Jonathan’s clerks
Senior Clerk – Andy Reeves on 0113 213 5252
Talia Webster on 0113 202 8609