Jonathan Chew

International arbitration

Jonathan has worked on a range of international arbitrations, including under SCC, LCIA and DIFC-LCIA rules. His work has included drafting written submissions as well as advocacy at hearings, and he has experience of interim applications on jurisdictional challenges and applications for bifurcation. He has particular expertise on Middle Eastern arbitrations arising out of his practice in Dubai and the wider regions.

While the details are confidential, recent examples of his work include:

• A DIFC-LCIA arbitration in relation to a multi-million claim in respect of a tech joint venture.
• A jurisdiction challenge in relation to the “group of companies” doctrine.
• A SCC arbitration in relation to a security contract in the Middle East.
• Acting on a dispute in respect of asset management of an international property investment portfolio.

Download International arbitration CV

Pensions

Jonathan has acted for and advised a range of institutional and pensions professional clients. His current and recent work reflects relevant pensions issues: for occupational schemes: e.g. RPI/CPI switches, rectification, scope of amendment power issues, and regulatory action; and for personal schemes/SIPPs: misselling, pensions liberation, and investment duties.

He was also instructed in relation to the Master Trust approval process.

As well as Jonathan’s forensic High Court trial experience, he is experienced in the procedural aspects of multi-party OPS pensions litigation, such as Beddoe applications, applications for directions under CPR 64, and representation orders.

Jonathan’s work spans the full range of pensions issues covering both the trusts aspects and legislative/regulatory claims, such as CNs/FSDs, section 75 debts and pensions liberation. He has been involved in disputes affecting major schemes such as Nortel and the Sea Containers 1983 schemes. In addition to litigation, Jonathan also advises on transactional and regulatory matters.

As well as acting for and against the Pensions Regulator, Jonathan has acted as clerk to the Pensions Regulator’s Determination Panel on various regulatory matters.

Jonathan’s ongoing and recent contentious work includes:

• Re Mitchells & Butlers Pension Plan: Acting for the trustee on a dispute relating to the ability of an employer to set pension increase levels, leading to disputes over rectification, RPI/CPI, and the validity of amendments, led by Michael Tennet KC and Edward Sawyer.
• Britvic PLC v Britvic Pension Trustee [2020] EWHC 118 (Ch): acting for the Trustee on a construction summons in relation to RPI pension increase rules.
• Acting as clerk to the DP on a contested dispute to appoint an independent trustee to a substantial scheme
• Acting as clerk to the DP on a recent regulatory request arising out of alleged pensions liberation and misselling.

Other historical contentious work has included:

• Re London Quantum Retirement Benefit Scheme (Determinations Panel, 8 Feb 2016):
• Acting as sole counsel (against Jonathan Evans QC and Fenner Moeran KC), for the Original Trustee who had been removed by the Regulator facing allegations of misconduct, breach of trust, and pensions liberation.
• Pollock v Reed [2016] Pens LR 129: Led by Robert Ham KC in a High Court trial acting for the employer in a proposed scheme restructuring, raising issues of the interpretation of the Presevation of Benefit Regs, the role of the PPF, and non- consensual member transfers.
• Instructed in relation to the Nortel Scheme FSD litigation.
• Acting with Michael Furness KC for the trustee on a claim to recover a £5m section 75 debt from a former participating employer. The claim, raising issues of trustee decision-making and consultation, settled shortly before trial in 2015.
• Advising in relation to various alleged overpayments to members.

Examples of Jonathan’s ongoing advisory work includes:

• Advising a successor scheme employer on its liabilities and duties under an existing scheme in the context of a substantial deficit.
• Advising a major product provider on the various rights and duties arising from its obligations under the schemes it offers, including FSMA issues.
• Advising a major insurer on how to structure its internal procedures to avoid potential unwitting participation in pension liberation.
• Advising an employer on a proposed restructuring and covenant issues arising.
• Advising an American scheme employer on scheme amendments and statutory and regulatory best practice in relation to member-nominated trustees.

Download Pensions CV

Professional liability

Jonathan’s professional negligence practice is ancillary to his core area. He has particular experience with solicitors’ negligence claims (both transactional and litigation), as well as acting on claims involving surveyors, accountants, trustees and trust/scheme administrators.

Examples of Jonathan’s professional liability work include:

• Quidnet Capital Partners v Colsilverbird & ors (2019-2020): Jonathan acts for property owners in a multi-million pound dispute with its former asset managers, where substantial allegations of negligence are made against the asset managers.
• Acting on expert determination for a property owner in respect of allegations made against an asset manager.
• MASNOL v Cripps Harries Hall [2016] EWHC 2483 (Ch): Led by Jonathan Seitler KC, Jonathan successfully defended two lawyers accused of an £11 million conveyancing fraud arising out of buy-to-let lending in 2007. The individuals involved were fully exonerated of the dishonesty accusations against them.
• Caliendo v Mishcon de Reya [2016] EWHC 150 (Ch): One of the Lawyer’s “Top 20 Cases of 2015.” Jonathan, led by Ian Croxford KC and Clare Stanley KC, successfully acted for the defendant firm in defeating a professional negligence claim brought arising out of the sale of QPR football club to Flavio Briatore and Bernie Ecclestone in 2007.
• Advising on potential claims against scheme administrators for failed equalisation.
• Acting with Joanna Smith KC on a FRC investigation into a major audit firm and certain employees of an AIM-listed company arising out of the business’ collapse and restructuring.
• Twintec v Volkerfitzpatrick [2014] BLR 150: A construction professional negligence claim which was one of The Lawyer’s “Top 20 Cases of 2014” where a tenant was claiming over £100m against its landlord, with contribution claims against contractors and subcontractors.
• Jonathan was led by Joanna Smith KC in the dispute relating to a wine warehouse in the South West and successfully obtained an interim injunction in that case restraining adjudication.

Download Professional liability CV

Property

Jonathan’s practice spans the range of property work: in substance, from City skyscrapers to Cornwall holiday parks; in type from landlord and tenant through registration and mortgage issues to questions of title and easements; and from tribunals from the Court of Appeal to the FTT. He also has experience of obtaining injunctions against squatters and protestors.

In addition to his litigation work, he often advises on matters which may become contentious, such as the interpretation and applicability of covenants, the scope of easements, or the extent of rights of light.

He often acts for major institutional clients, whether major London estates or substantial tenant companies (such as high-street supermarkets, pub chains, or fast food chains). He has reported cases relating to major sites, such as Grosvenor Square ([2020] EWHC 2356 (Ch)), Canary Wharf ([2019] EWHC 335 (Ch)), and Centrepoint Tower ([2014] EWHC 394 (Ch)).

Substantial recent matters include:

• Lodha Developers 1 GSQ v 1GSQ1 Ltd, summary judgment at [2020] EWHC 2356 (Ch): Jonathan acts with Joanne Wicks KC for Lodha on a major redevelopment of Grosvenor Square in this claim against a purchaser who failed to complete.
• Led by Jonathan Seitler KC on a landlord and tenant dispute over a multi-million pound programme of works to a substantial commercial building.
• Canary Wharf v European Medicines Agency [2019] EWHC 335 (Ch): In the much- publicised “Brexit” case, Jonathan acted with Joanne Wicks KC for the landlord Canary Wharf in arguing that Brexit will not frustrate the EMA’s lease. The case settled before an appeal to the Court of Appeal.
• Quidnet Capital Partners v Colsilverbird & ors: Jonathan acted for property owners in a multi-million pound dispute with its former asset managers.
• Acting for HS2 Limited in securing possession of a high profile site the subject of substantial environmental protest.

Other reported cases include:

• Aurora Developments v Delta Holdings [2018] EWHC 1047 (Ch): Jonathan successfully acted for the victims of a major property investment fraud relating to development land in central London, including a successful finding of fraud on a summary judgment basis.
• Reedbase v Fattal [2018] 2 P&CR 14: Jonathan appeared as sole counsel in the Court of Appeal for the successful landlord on the first appellate case on a landlord’s obligations to consult and a change in proposed works, and the first in the Court of Appeal for over 25 years on the obligation to make good.
• Knapper v Francis [2017] L&TR 20: appearing as sole counsel before the Upper Tribunal on the operation of on-account demands under terms of lease and 1985 Act. This case gave landlords certainty that an on-account demand would not subsequently be rendered unrecoverable by later events.
• Matchmove v Dowding [2017] 1 WLR 749: led by Jonathan Seitler KC, on a leading recent case relating to the continuing questions around constructive trusts, informal agreements to sell, and section 2 of the 1989 Act.
• Wensley v Persons Unknown [2017] EWHC 872 (Ch): acting for Cuadrilla and associated farmers on injunction proceedings relating to protests against fracking.
• MASNOL v Cripps Harries Hall [2016] EWHC 2483 (Ch): led by Jonathan Seitler KC successfully defending two conveyancing solicitors accused of fraud arising out of lending made months before the credit crisis hit.
• Phillips v Francis [2015] 1 WLR 741: led by Jonathan Seitler KC for the successful appellant on the leading case on the meaning of ‘works’ for landlord and tenant consultation purposes under the 1985 Act.

Download Property CV