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.

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.

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.

Jon is experienced in regulatory matters. He spent 3 years at the Financial Conduct Authority and, before that, was part of the team project managing the Irish banking recapitalisation programme following the EC/ECB/IMF “bailout”. Recent instructions include:

• Re Somaia [2017] EWHC 2554 (QBD): successfully defending the former wife of a convicted fraudster from a “tainted gift” claim brought by a private prosecutor on the grounds that certain money transferred to the former wife was transferred on trust rather than as a gift (with Nigel Hood).
• Advising an invoice financing company on the scope of the FCA’s regulatory perimeter.
• Advising on claims relating to the alleged mis-selling of interest rate swaps.
• Advising as to the consumer credit regime.
• Advising a start-up on the scope of the FCA’s regulatory perimeter.