Jonathan Ferris

Jonathan has more than twenty five years experience as an advocate at trial and all appellate levels.  The principal focus of his work is professional negligence, property (especially landlord and tenant), insolvency and civil fraud, asset tracing and asset recovery.  Jonathan also acts for local authorities and private clients in compulsory acquisition work.  His continuing success as an advocate is recognised in the current Legal 500.

He is licensed to take direct access from the public - please contact his clerk for details.

Away from the Bar, Jonathan works as a Recorder (part-time circuit judge) and a part-time employment judge.

featured cases 

Professional negligence

Stoll Atkins v Wacks Caller 2010 PNLR 4; EWHC 2299 Ch: developer client sued conveyancing solicitors for failure to include a call-in clause in a contract to buy a development site conditional on the grant of final planning consent

Nykredit Mortgage Bank v Edward Erdman [1997] 1 WLR 1627 HL; surveyor client defended claim for negligence from trial to House of Lords; definitive guidance on interest on damages

South Australia Asset Management v York [1997] AC 191 HL; surveyor client persuaded House of Lords to reduce damages for negligent valuation; definitive guidance on consequential loss in surveyor and solicitor negligence claims

Mortgage Corporation v Sandoes The Times 21.12.98 CA: acting for professional client sued for negligence; Court of Appeal gave definitive guidance on blameworthy delay in trial preparation

EPIC v Goddard & Smith [1992] 2 EGLR 155 CA; surveyor client opposed application for summary judgment in negligent valuation claim on basis of issue between experts; Court of Appeal decided summary judgment inappropriate in such a case, as a matter of principle.

Property

Business Environment v Deanwater TCC 2008 EWHC 2003; defendant client sued for £400K dilapidations; landlord recovered about £1,000; no payment in or Part 36 offer; landlord ordered to pay tenant's costs on indemnity basis; see also 2007 EWCA Civ 622 & 2009 EWHC 2014

Capital Bank v Soor CLCC 2009; direct access client granted declaration as to beneficial ownership of property held in name of bankrupt family member

Perkin v Roberts Gloucester CC: multi-party dispute between adjacent landowners over private drainage rights

Eurodis v Unicomp 2004 EWHC 979 CH: tenant client seeking to surrender lease - nature of acts required to effect surrender

Bakewell Management Ltd v Roland Brandwood 2002 EWHC 472 CH; claimant client successfully enforced private property rights to prevent prescriptive acquisition of rights of easement; Jonathan refused to act on a CFA basis after first instance, and the claimant lost in the House of Lords.

Westminster City Council v Clarke [1992] 1 All ER 695 HL; client local authority succeeded in possession action; House of Lords gave definitive guidance on difference between lease and licence in context of homeless persons hostel

Compulsory acquisition

Jonathan acted for the City of Westminster in the seven year long Operation Gridiron to restore lawful residential use to dilapidated Soho property used for sex businesses: large number of public enquiries 2003-2008

Ainsdale Investments v First Secretary of State & City of Westminster 2004 EWHC 1010 Admin: client resisted challenge to confirmation of CPO based upon wrong construction of Housing Act powers

Allens v Westminster 8 September 2006 Admin Court (Silber J): Westminster resisted JR challenge to confirmation of CPO on residential property used in sex business

Rapose v London Borough of Wandsworth 18 October 2005 Admin Court (Collins J); client resisted JR challenge to confirmation of CPO; property owner's subsequent appeal to CA also failed.

Other cases

Probate: Couwenbergh v Valkova 2005 EWCA Civ 145: client made first successful Taylor v Lawrence CPR 52.17 second civil appeal (after first final appeal dismissed); House of Lords refused permission to appeal; at re-trial in 2008 (Blackburne J 2008 EWHC 2451 Ch) client successfully set aside two wills favouring the Defendant; appeals dismissed by Court of Appeal.

Bailment and consumer credit: TRM Copy Centre UK Ltd v Lanwall Services Ltd [2009] EWHC 2299 HL: client argued that model equipment lease used by business rival was caught by Consumer Credit Act provisions and unenforceable.

Construction: Durabella Ltd v J Jarvis & Sons Ltd 83 Construction Law Review 145: contractor client successful in claim in which employer sought to rely on pay when paid clause in construction contract

Contempt: Marketmaker Technology v CMS 2008 EWHC 1556: client allegedly in contempt successful in obtaining permission to give video link evidence from China