Publications
Third edition of Leases: Covenants and Consents – out now
Jonathan Seitler KC
February 2023
Practice overview
Jonathan currently stands top of the pile in terms of KCs for heavy and important property litigation and property related professional negligence work. In a recent edition, Chambers & Partners says that “Jonathan is a god amongst counsel. A brilliant mind, fabulous with clients and a real pleasure to work with.” and “very user-friendly, a creative strategist and a superb advocate. Always impresses clients”. Another edition said that “his analysis is razor sharp” and “he is is very bright and highly commercial”.
In 2022, Jonathan was awarded Chambers & Partners’ Real Estate Silk of the Year, which he has won on three separate occasions in the past, along with The Legal 500’s Award for Real Estate, Environment and Planning Silk of the Year. Jonathan has accomplished these plaudits with a simple approach: his enormous success and enduring popularity has been achieved by immensely hard work, deep attention to detail, speed and decisiveness.
Jonathan is presently involved in many of the leading cases in property litigation and property related professional negligence and is widely respected and admired for bringing to every matter, irrespective of how complex, clarity, commitment and care. Jonathan is strongly of the view that technical excellence in legal matters can be found quite easily: what makes the difference in terms of a successful lawyer are abilities on top of those – the ability to communicate clearly and effectively with clients and in particular to reflect their commercial objectives; the ability to think strategically about how to counter the move that the enemy is going to make next (even if it hasn’t yet thought of it itself); and ultimately, the ability to persuade the court to do something that it wouldn’t otherwise do.
Jonathan has been Deputy Head of Chambers at Wilberforce since 2016.
Jonathan's expertise
Property
Jonathan was named Chambers & Partners’ Real Estate Silk of the Year in 2022, 2015, 2010 and 2007.
Jonathan is also the author of several books: ‘Claims against solicitors and valuers’, ‘Commercial Dispute Resolution’ and the bestselling ‘Leases: Covenants and consents’.
Jonathan has been involved in over 100 reported cases and many hundreds more either unreported or confidential. In essence, anything with even a tangential property angle, is ‘meat and drink’ for Jonathan.
Here’s a sample of Jonathan’s reported cases in the High Court, Court of Appeal and above over the past few years:
- Arbitration: Fulham Broadway Trustees v Telefonica UK [2014] EWHC 1048 (Ch)
- Beer Ties: Enterprise Inns Plc v Palmerston Associates Ltd & Anor [2011] EWHC 3165 (Ch)
- Break clauses: Goldman Sachs International v Procession House Trustee Ltd [2018] EWHC 1523 (Ch)
- Consent to assignment: No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2018] EWCA Civ 250
- Consent to sub-let: E.ON UK Plc v Gilesports Ltd [2012] EWHC 2172 (Ch)
- Conveyancing fraud: Mortgage Agency Services Number One Ltd (t/a Britannia Commercial Lending) v Cripps Harries LLP [2016] EWHC 2483 (Ch)
- Contract (commission): Donovan v Grainmarket Asset Management LLP [2019] EWHC 1023 (QB)
- Contract (construction, mistake and rectification): Scottish Widows Fund and Life Assurance Society v BGC International [2012] EWCA Civ 607
- Contract (construction): Standard Life Investments Property Holdings Ltd v W & J Linney Ltd [2010] EWHC 480 (Ch)
- Contract (conveyance): Hardy v Griffiths [2014] EWHC 3947 (Ch)
- Contract (execution): Ramsay v Love [2015] EWHC 65 (Ch)
- Damages for loss of profits: Scottish Widows Plc v Stewart [2006] EWCA Civ 999
- Damages for property negligence: Vision Golf Ltd. v Weightmans (a firm) [2005] EWHC 1675 (Ch)
- Dilapidations (and mediation): PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288; [2012] EWHC 83
- Estoppel: Riverside Housing Association Ltd v. White [2007] UKHL 20
- Fixtures: Peel Land and Property (Ports No. 3) Ltd v TS Sheerness Ltd [2014] EWCA Civ 100; [2013] EWHC 1658 (Ch)
- Forfeiture: Cussens v Realreed Ltd [2013] EWHC 1229 (QB)
- Garden Squares: Herrmann & Anor v Withers LLP [2012] EWHC 1492 (Ch)
- Good faith: Ross River Ltd & Anor v Cambridge City Football Club [2008] EWCA Civ 772
- Guarantees: Topland Portfolio No 1 Ltd v Smiths News Trading Ltd [2014] EWCA Civ 18
- Hampstead Garden Suburb Trust: Shebelle Enterprises Ltd v The Hampstead Garden Suburb Trust Ltd [2014] EWCA Civ 305; [2013] EWHC 948 (Ch)
- Informal arrangements and constructive trusts: Clutterbuck & Anor v Al Amoudi [2015] EWCA Civ 1593; [2014] EWHC 383 (Ch)
- Injunctions: Century Projects Ltd v Almacantar (Centre Point) & Ors [2014] EWHC 394 (Ch)
- Landlord and Tenant (Covenants) Act 1995: EMI Group Ltd v O & H Q1 Ltd [2016] EWHC 529 (Ch)
- Landlord and Tenant (Covenants) Act 1995: K/S Victoria Street (A Danish Partnership) v House of Fraser (Stores Management) Ltd & Ors [2011] EWCA Civ 904; [2011] EWHC 3179
- Leases (frustration by reason of Brexit): Canary Wharf (BP4) T1 Ltd & Ors v European Medicines Agency [2019] EWHC 921 (Ch)
- Leases (management companies): Pendra Loweth Management Ltd v North [2015] UKUT 91
- Leases (misrepresentations): Francis & Anor v Charles Knapper & Ors [2016] EWHC 3093 (QB)
- Leases (service charges): Corvan (Properties) Ltd v Abdel-Mahmoud [2018] EWCA Civ 1102
- Leases (landlord’s expenditure): Francis v Phillips [2014] EWCA Civ 1395; [2012] EWHC 3650 (Ch)
- Lending and possession: Baxendale-Walker v APL Management Ltd [2018] EWHC 543 (Ch)
- Mortgages: Cook v The Mortgage Business Plc [2012] EWCA Civ 17
- Notices: Standard Life Investments Property Holdings Ltd v W & J Linney Ltd [2010] EWHC 480 (Ch)
- Nuisance and annoyance: Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch)
- Offers to settle: C v D & D2 [2010] EWHC 2940 (Ch)
- Proprietary estoppel: Yeoman’s Row Management Ltd. & Anor v Cobbe [2006] EWCA Civ 1139
- Planning conditions: Rentokil Initial 1927 Plc v Goodman Derrick Llp [2014] EWHC 2994 (Ch)
- Professional negligence in tax advice: Barker v Baxendale Walker Solicitors [2017] EWCA Civ 2056; [2016] EWHC 664 (Ch).
- Purchase of land, section 2 and completion: Matchmove Ltd v Dowding [2016] EWCA Civ 1233
- Property joint ventures: Clutterbuck & Anor v Cleghorn [2018] EWHC 2125 (Ch); [2017] EWCA Civ 234
- Reasonable grounds to refuse consent: NCR Ltd v Riverland Portfolio No1 Ltd [2005] EWCA Civ 312
- Rent review: McDonalds Real Estate Ltd Liability Partnership v Arundel Corporation [2008] EWHC 377 (Ch)
- Residential (secure tenancies): Islington v UCKAC [2006] EWCA Civ 340
- Sale of land: Quest Advisors Limited Sharriba Ltd v McFeely [2011] EWCA Civ 1517
- Service charge accounts: Morshead Mansions Ltd v Mactra Properties Ltd [2013] EWHC 801 (Ch); [2013] EWHC 224 (Ch)
- Service charges (construction): Leonora Investment Company Ltd v Mott Macdonald Ltd [2008] EWCA Civ 857
- Specific performance: The Nottinghamshire and City of Nottingham Fire Authority v Gladman Commercial Properties [2011] EWHC 1918 (Ch)
- Telecoms: Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2019] UKUT 107 (LC)
- Telecoms: City of Westminster v Urban Wimax Ltd [2010] EWHC 1166 (Ch)
- Trusts and rights to sue: Twin Benefits Ltd v Barker [2017] EWHC 1412 (Ch)
- Trusts and Trustees: Barker v Confiànce Ltd & Ors [2019] EWHC 1401 (Ch)
A legend in the area of property disputes, the way Jonathan’s mind works in order to find angles supporting a legal argument is truly fantastic.- His advocacy skills and powers of persuasion are second to none, controlling the courtroom with his smart wit and at times humour. He is fantastic with clients and great fun to work with on a case.
- Jonathan’s ability to think outside of the box is remarkable. The way his mind works to find angles is fantastic. His advocacy skills are second to none, fantastically persuasive on his feet.
- Jonathan is a god amongst counsel. A brilliant mind, fabulous with clients and a real pleasure to work with.
- Very user-friendly, a creative strategist and a superb advocate. Always impresses clients.
Property insights & events View all thought leadership View all events
Recent Cases
Jonathan Seitler KC acted for the successful Respondent in the Court of Appeal in Yee Shi Yin & Others v 174 Solicitors Limited
Professional liability, Property
Jonathan Seitler KC
View more
Monday 16 January 2023
News
Wilberforce features in two of Estates Gazette’s Top 10 Cases of 2022
EG (Estates Gazette) has released its annual podcast, discussing the most significant property law cases of the past year, and we are pleased to announce that Wilberforce members appear in case number 1 and case number 3 on the 2022... Read more
Friday 6 January 2023
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News
Jonathan Seitler KC and Clare Stanley KC win at Chambers Bar Awards 2022
We are absolutely delighted to have picked up two awards at last night’s Chambers UK Bar Awards 2022. Jonathan Seitler KC won ‘Real Estate Silk of the Year‘! Clare Stanley KC won ‘Chancery Silk of the Year‘! A huge thank you to... Read more
Friday 18 November 2022
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Jonathan's expertise
Professional liability
Jonathan’s particular speciality is property-related professional negligence.
His practice therefore largely involves claims against solicitors and valuers. He has acted consistently both for Claimants and for Defendants and has enjoyed success in relation to both.
Many professional negligence cases in which Jonathan has been involved have been high-profile and for that and other reasons, most have settled without the necessity for trial. Invariably, these settlements have involved highly satisfactory outcomes for Jonathan’s clients. His reported cases are, therefore merely the tip of the iceberg in terms of the work he has been carrying out in this field.
Reported cases include:
- Mortgage Agency Services Number One Ltd (t/a Britannia Commercial Lending) v Cripps Harries LLP
- Rentokil v Goodman Derrick pending – solicitor’s negligence relating to sale of land subject to satisfaction of planning conditions.
- Herrmann v Withers LLP Scope of solicitor’s duty, standard of solicitor’s duty, measure of damages.
- Moffat v Burges Salmon Solicitor’s duty, loss of a chance.
- Credit Lyonnais SA v Russell Jones & Walker liability for negligence when a firm of solicitors had been negligent in failing to draw a client’s attention to the fact that time was of the essence in the case of a condition precedent concerned with the early termination of a lease.
- Eastgate Group Ltd v Lindsey Morden Group Inc accountant’s negligence on sale of business, contributory negligence and contribution.
- Howkins & Harrison v Tyler valuer’s negligence, contribution between solicitor and valuer.
- Legal & General Mortgage Services Ltd v HPC Professional Services surveyor’s negligence, margin of error in valuation.
- He has superb mastery of the law and is a canny operator.
- Excellent advocate. Provides clear and easy to understand advice on often very complicated matters. Very user friendly.
Professional liability insights & events View all thought leadership View all events
Recent Cases
Jonathan Seitler KC acted for the successful Respondent in the Court of Appeal in Yee Shi Yin & Others v 174 Solicitors Limited
Professional liability, Property
Jonathan Seitler KC
View more
Monday 16 January 2023
Events / Webinars
WATCH: What are the benefits of pleading breach of fiduciary duty claims against professionals?
Friday 18 June 2021 | 9am - 10am
Online, Zoom1.0 CPD
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Jonathan's expertise
Domestic arbitration
Jonathan has over 20 years experience in acting as an arbitrator or as expert in an expert determination, having started this aspect of his practice in the mid-1990’s. His Awards and Determinations have covered all areas connected with property litigation and related professional negligence, including:
- Development Agreements
- Overage
- Rent review
- Disrepair
- Points of Contractual Interpretation
- Sale and Purchase agreements (SPA’s)
- Landlord and Tenant covenants
Jonathan’s manner is perfectly suited to winning the confidence of clients on both sides of a dispute and then resolving it in a way which is not just in accordance with the law and procedure and not just swift and economical, but is also in a manner which allows even the unsuccessful party to be assured that it has had a fair hearing and a proper disposal of its argument. This ensures that whilst the party in the right prevails, commercial relationships and not ruined going forward.
Jonathan’s track record as an arbitrator and Expert is such that the market continues to provide a him with a steady flow of this type of work. This is the strongest testament to his success in the field.
- Jonathan is very calm and intelligent. He makes sure clients are happy and is quick to clarify why there is a strategy; he doesn't leave them in the dark.
Jonathan's expertise
Mediation
Jonathan has been a qualified mediator for 15 years over which time he has carried out hundreds of mediations. His style is firm but friendly and his skill is in not having the wool pulled over his eyes yet using the clear vision this provides to maximum effect (which usually means not making a big deal about it). His success rate in mediations is very high and he is particularly chuffed that such success is often achieved without having to continue the mediation beyond normal office hours. Jonathan also appeared for the successful party in the Court of Appeal in PGF v OMFS [2013] EWCA Civ 1288, the case which laid down the principles for the punishment of parties who ignore invitations to mediate.
Jonathan carries out mediations across all aspects of civil litigation and particularly enjoys cases with a property or related professional negligence angle.
Jonathan is also available to offer early neutral evaluations.
- Jonathan is able to look at matters from a new perspective and different angles.
Jonathan's Details
BSB/VAT information
Registered name: Mr Jonathan Simon Seitler KC
VAT number: 466298406
Qualifications and Appointments
- CPPE, Pembroke College Oxford
- Diploma in Law with Distinction
Memberships
- Property Bar Association
- Professional Negligence Bar Association
- Standing Conference of Mediators
Publications
- Leases: Covenants and Consents (2023) Third edition
- ‘The Practical Application of Timothy Taylor v Mayfair House’ (2022) Wilberforce Current Issues in Nuisance and Trespass March 2022
- ‘Noisy Works and Quiet Enjoyment: a salutary tale‘ (2017) Wilberforce Property Update (Issue 3) February 2017
- Landlord’s Consent The Potted Guide – Cracking the basics (2015) Estates Gazette
- ‘Hardy v Griffiths’ (2014) Wilberforce Property Update (Issue 1) May 2015
- Leases: Covenants and Consent (2009)
- The war of words in every lease(2008) Hot Topics in Property Law: A Surveyor’s Guide
- Check out the vicinity (2008) Estates Gazette
- Lenders Claims (2006)
- Commercial Property Litigation (looseleaf) (2000)
- Claims against Valuers and Solicitors (1996)
Clerk details
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