Jonathan Holsgrove

Residential

Jonathan’s established practice covers the full spectrum of social housing and residential landlord / tenant litigation. The broad range of work includes possession, disrepair, succession and anti-social behaviour injunctions. Work is also undertaken in drafting landlord policy documents and notices. He is regularly instructed on behalf of private, public and Local Authority landlords across the country.

Part of his practice also includes the prosecution and defence of offences under the Housing Act 2004 and Protection from Eviction Act 1977.

Commercial

Jonathan is regularly instructed in cases concerning commercial premises in particular matters relating to forfeiture and LPA protected tenancies.

Areas of Practice

Possession claims
Disrepair claims
Homelessness
Housing related appeals
Public Law and Human Rights Defences
Right to Buy disputes
Unlawful eviction in both the civil and criminal courts
Cases involving vulnerable tenants or those with capacity issues

Seminars

Jonathan regularly provides CPD accredited training.

Public Access

Jonathan Holsgrove may accept Public Access work, where he can be instructed directly by a member of the public rather than a solicitor.

Notable cases

Instructed for social landlord in case with a tenant lacking capacity and represented through the Official Solicitor
B v A limited company [2024] – Acted for Claimant tenant in claim for failure to protect tenancy deposit. Damages recovered of £34,800.
Acting for a local authority in obtaining multiple ASB injunctions against those causing issue within the city centre.
R v G [2023] – Prosecution for unlawful eviction in the Crown Court involving tenant with mental capacity issues.
S v Persons Unknown – Successfully obtained ASB injunctions on behalf of housing association to prevent large scale disruption being caused by drug users coming into the communal areas.
SYP v PH & Others [2013] – successfully represented 3 Defendants and secured the discharge of ‘Gang Injunctions’ in place against them.

Jonathan practices in chancery and commercial litigation with an emphasis on real property, probate and professional negligence.

He has significant experience in matters relating to trusts of land following the breakdown of personal or business relationships. In particular he is sought after for his expertise in claims under the Trusts of Land and Appointment of Trustees Act 1996. He has been instructed in cases involving the scrutiny of trust deeds, undue influence and professional negligence.

In respect of contentious probate work Jonathan’s practice also includes regular instructions on behalf of claimants, beneficiaries and estates in matters arising under the Inheritance Act 1975, often where there is a trust of land element. Jonathan has particular expertise in claims involving children, vulnerable adults and deemed divorce. He accepts instructions relating to capacity and the validity of wills.

Jonathan combines his experience in these areas with a thriving Proceeds of Crime practice. He is regularly instructed by prosecution, defence and third parties where there are complex issues involving property ownership and beneficial interests in deceased estates.

Seminars

Jonathan regularly provides CPD accredited training.

Public Access

Jonathan Holsgrove may accept Public Access work, where he can be instructed directly by a member of the public rather than a solicitor.

Notable Cases

Currently instructed in family trust case involving multiple properties in an investment portfolio.
[2024] – Acted on behalf of CPS in a High Court claim concerning a vesting order for property own in a struck off Belize company.
[2024] – Instructed by client in ongoing boundary dispute / claim for adverse position
TG v AG (SG Intervening) [2020] – Acted on behalf of Intervener in partnership dissolution proceedings. Farming business valued at £2m.
G v D & CPS [2018] – Acted on behalf of the CPS in TOLATA proceedings in the High Court.
R v KH / AH (SB Intervening) [2016] – acted for Crown in application to appoint enforcement receiver. Case involved argument over the beneficial ownership of four properties and the competing TOLATA claim of the intervenor.
R v A [2016] – acted for Crown in application under s22 POCA. Case involved a sham trust of London property and argument concerning the proprietary title in private registration number plates and motor vehicles.
JB v RB (AB intervening) [2016] – appeared on behalf of the intervener in ancillary relief proceedings. Successful claim for life tenancy at the former matrimonial home by way of proprietary estoppel.
W & W(a minor) v Estate of HW [2014] – acted for the children of the deceased in successful application for reasonable financial provision. Case involved issues of capacity and forgery.
W & M td v N PLC [2013] – acted for Defendant in claim for undue enrichment. Successful defence that included submissions and finding in favour of the defendant relating to the piercing of the corporate veil.
R v M / M v H [2013] – Represented a client in successful proceedings in TOLATA and subsequent application to vary a confiscation order made under POCA.

Jonathan is a specialist in relation to all aspects of the Proceeds of Crime Act 2002. He utilises his experience in civil and family work to offer criminal clients the precise advice needed in this continually evolving area of law. He is instructed on behalf of the Crown and defence as well as third party individuals and businesses. Jonathan has provided lectures on the interaction between POCA and third-party interests to HMRC, CPS, solicitors and various police forces.

He is regularly instructed on behalf of parties involved in civil proceedings where the CPS intervene to enforce confiscation orders.

Jonathan is in the process of relaunching his blog on POCA – POCA Lawyer

Away from POCA, Jonathan has a developing practice concerning company and insolvency offences and their prosecution.

Public Access

Jonathan Holsgrove may accept Public Access work, where he can be instructed directly by a member of the public rather than a solicitor.

Notable Cases

R v G [2024] – Defending in confiscation proceedings. Successful in negotiating an order that resulted in the benefit being reduced from c£85,000 to £3,000. Arguments concerned the proportionality of the potential in the context of the agreed basis of plea.
R v O – Appeared on behalf of CPS as intervener in divorce proceedings.
R v M [2023] – Defending in confiscation proceedings. Successful in negotiating an order that resulted in the benefit being reduced from c£600,000 to £344,000.
R v W [2023] – Confiscation proceedings involving multiple third-party interests and complex property ownership issues. Resulted in a finding of benefit of £1.4m and an order of £497,000.
R v R [2019] – S.22 POCA application for Crown. Involved consideration of the recoverability of pension funds held abroad.
R v AR [2019] – Defending in confiscation proceedings. Junior acting alone against QC led prosecution.
G v D & CPS [2018] – Acted on behalf of the CPS in TOLATA proceedings in the High Court.
R v R [2017] – Application for confiscation order involving consideration of the Defendant’s ex-wife claims in divorce proceedings.
R v KH / AH (SB Intervening) [2016] – acted for Crown in application to appoint enforcement receiver. Case involved argument over the beneficial ownership of four properties and the competing TOLATA claim of the intervenor.
R v A [2016] – acted for Crown in application under s22 POCA. Case involved a sham trust of London property and argument concerning the proprietary title in private registration number plates and motor vehicles.
R v N / R v S [2015] – acted for Crown in application by two defendants to extend the time for payment of confiscation orders. Issue involved the retrospective application of the amended s.11 POCA 2002. Successfully defeated both applications.
R v W [2015] – Provided advice on the prospects of success of revisiting a confiscation order in circumstances where large testimony gift passed to former wife in divorce proceedings. Consideration also given to if estoppel operated to prevent the application given the comments of CPS in correspondence.
R v A [2015] – Application for appointment of enforcement receiver. Opposed by the Defendant’s former partner who intervened and alleged a beneficial interest in the property. Advised on the extent of the beneficial interest of the former partner and agreed settlement of the case.

Jonathan accepts instructions to advise and represent clients in relation to all aspects of family finance. He is experienced at representing clients at First Hearings, Financial Dispute Resolution Hearings and Final Hearings.

His practice in this area also involves advising clients where matrimonial property is subject to POCA proceedings.