Practice Overview

Jon is a commercial chancery practitioner, who specialises in insolvency and company matters.

His recent cases include Financial Conduct Authority v Ferreira [2022] EWCA Civ 397 (statutory interpretation of FSMA 2000), Parker v Financial Conduct Authority [2021] EWCA Crim 956 (constructive trusts), Legacy Education Alliance v Progression [2019] EWHC 3498 (Ch) (administration orders; company voluntary arrangements), Azuonye v Kent [2019] EWCA Civ 1289, [2018] EWHC 2766 (Ch) (bankruptcy; income payments orders; provable debts), Itxen Ltd v Canning [2019] EWHC 3546 (Ch) (administration orders; winding-up petitions), Evans v Carter [2017] EWHC 2163 (Ch) (unjust enrichment; bankruptcy; the rule in ex parte James), Dinglis v Dinglis [2019] EWCA Civ 127, [2017] EWHC 2099 (Ch) (directors’ duties; agency; unlawful distributions to shareholders) and Re Somaia [2017] EWHC 2554 (QB) (trusts; tainted gifts under the criminal confiscation regime).

Jon previously worked for the Boston Consulting Group and the Financial Conduct Authority. He subsequently re-trained as a barrister and was awarded Lincoln’s Inn 2015 “Student of the Year” for achieving the highest mark in the BPTC.

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  • Commercial Litigation

    Jon regularly acts in, and advises on, commercial disputes. Recent instructions include:

    • Dinglis v Dinglis [2017] EWHC 2099: a claim brought by a property-owning company against its property-managing agent for an account of money wrongly retained in breach of fiduciary duty (with Mark Hubbard).
    • Bennett v Allen (2017, High Court): a £350,000 claim for sums due pursuant to a disputed novation agreement. Jon successfully obtained summary judgment for the claimant.
    • A £250,000 claim for sums due under an IT contract; and defending a counterclaim for alleged provision of defective services.
    • A £400,000 claim brought against another company formerly within the same group for sums due pursuant to various oral contracts
    • Advising a company on a multimillion-pound commercial loan facility containing “hidden” exit fees arising out of back-to-back derivative contracts entered into by the bank.
    • Advising on contractual liability for VAT arising out of a property transaction which was wrongly thought to be the transfer of a business as a going concern.
    • Defending a claim brought by a bank against a former director for sums supposedly due pursuant to a personal guarantee.
  • Company & Partnership

    Jon has a busy company law practice and has a particular expertise in relation to petitions brought pursuant to section 994 of the Companies Act 2006. Recent instructions include:

    • Dinglis v Dinglis [2017] EWHC 2099: a claim brought by a property-owning company against its former directors for breach of duty in causing its property-managing agent to wrongly retain money in breach of fiduciary duty (with Mark Hubbard).
    • Acting for the majority shareholders of a medium-sized manufacturing company following a section 994 Companies Act 2006 petition brought by a minority shareholder.
    • Advising a minority shareholder as to a potential section 994 Companies Act 2006 petition following the proposed issuance of new shares (and the effective dilution of the minority).
    • Advising on whether payments to a director were distributions made in accordance with Part 23 of the Companies Act 2006.
    • Advising on reductions of capital and schemes of arrangement.
  • Insolvency

    Jon has regularly acts in insolvency matters (both corporate and personal) and has particular expertise in claims against directors for breach of duty / misfeasance, wrongful and fraudulent trading, ultra vires distributions, transactions at an undervalue and preferences. Recent instructions include:

    • Azuonye v Kent [2018] EWHC 2766 (Ch): successfully acted for the trustee in bankruptcy who argued that future obligations under an income payments order (section 310 Insolvency Act 1986) are not provable in a subsequent bankruptcy.
    • Evans v Carter [2017] EWHC 2163 (Ch): defending a possession claim brought by a trustee in bankruptcy on the grounds that the bankrupt’s interest in real property had re-vested in her as a result of unjust enrichment and pursuant to the so-called rule in ex parte James.
    • Re S. Simon & Co Limited (2016, High Court): acting for the company’s liquidators in a £12m wrongful trading claim brought against two former directors (assisting James Bailey).
    • Acting for a trustee in bankruptcy in a section 339 Insolvency Act 1986 (transaction at an undervalue) claim against a bankrupt’s spouse.
    • Advising as to potential claims against directors for sums paid into tax schemes, including employee benefit trusts.
    • Acting for a trustee in bankruptcy in a £500,000 claim against a bankrupt’s former business partner pursuant to the so-called Pallant v Morgan equity.
    • Acting for a liquidator in a breach of duty claim against a former director in relation to payments of over £100,000.
    • Advising on the scope of a bankrupt’s privilege following Leeds v Lemos [2017] EWHC 1825 (Ch).
    • Advising a director as to the merits of an intimated claim for breach of fiduciary duty where certain assets of the company were sold to a company of which the director was sole shareholder / director.
    • Advising a trustee in bankruptcy on a £600,000 proof of debt lodged by a liquidator of a company, the debt apparently arising out of a wrongful trading claim the liquidator was considering bringing against the bankrupt.
    • Advising as to the operation of the Insolvent Partnerships Order 1994.
    • Advising as to the vesting of a bankrupt barrister’s book debts; and obtaining an income payments order.
  • Additional Information

    Qualifications / Education

    • BA History, Hertford College, Oxford: First Class
    • GDL, BPP: Distinction
    • BPTC, City University: Outstanding (Lincoln’s Inn “Student of the Year” for highest mark in the year)

    Public Access