Jonathan Ferris

Jonathan has more than 25 years experience as an advocate at trial and all appellate levels. The principal focus of his work is in property (especially landlord and tenant), professional negligence, employment law, insolvency and civil fraud, tracing and asset recovery.

Jonathan sits as a Recorder in both criminal and civil jurisdictions. He sits also as a chairman of the employment tribunal.

Year of Call: 1979
Professional memberships: Chancery Bar Association, TecBar

Recent and reported cases:

Allens v City of Westminster; Administrative Court, Silber J. 8.9.06
(successfully resisting application for judicial review of Westminster’s latest compulsory acquisition for housing purposes, of property used in the sex business)

Rapose v London Borough of Wandsworth; Administrative Court; Collins J. 18.10.05
(successfully resisting application for judicial review of Wandsworth’s decision compulsorily to purchase a large tranche of development land in South London; subsequent appeal to Court of Appeal was unsuccessful)

Couwenbergh v Valkova; Court of Appeal [2005] EWCA Civ 145
(first successful Taylor v Lawrence style CPR 52.17 second appeal to the Court of Appeal (after a first appeal had been dismissed); in a will dispute case. Unsuccessful Respondent subsequently petitioned the House of Lords; petition dismissed January 2006)

Global Crossing v Global Corporation Ch.Div LTL 16.5.06
(costs orders against company officers - where a trade mark infringement and passing off action relating to a name adopted by a dormant company had been settled before trial, costs were ordered against the director who had been responsible for incorporating that company but had since resigned, and against a company secretary who had also been party to the company's incorporation)

Ainsdale Investments v First Secretary of State and City of Westminster; Adiminstrative Court, Owen J. (2004) 35 EG 68
(whether a planning inspector had been entitled to conclude that a local authority had power under the Housing Act 1985 s.17 to order the compulsory purchase of commercial premises forming part of a larger building as it was an incidental part of the purchase of residential premises in order to prevent problems regarding tenure and repair)

Eurodis v Unicomp Ch. Div. Evans-Lombe J. LTL 7.5.04
(determination as to the nature of acts required to effect surrender of a commercial tenancy by operation of law)

Bakewell Management Ltd v Roland Brandwood – The Times 19.4.02
(leading case on acquisition of private right of way over common land)

Durabella Ltd v J Jarvis and Sons Ltd 83 Cons LR 145
(reliance by contractor on pay when paid clause in construction contract)

Commercial Acceptances Ltd v Townsend Investments – The Times 26.4.00 CA
(procedural guidance on an appeal from refusal to set aside judgement in mortgage possession action)

Daejan Properties Ltd v Gordon Bloom 2000 EGCS 85 CA
(construction of service charge clause in commercial lease)

Strongway Nominees Ltd v Pallett & Dace LTL 14.3.00
(ineffective notice to quit under Agricultural Holdings Act 1986)

Eyre & others v McCracken 80 P & CR 220 CA
(distinction between repair and improvement in context of breach of repairing covenant)

Thakorlal Patel v Surendra Patel (1998) EG 144 Court of Appeal
(guidance on extension of time for notice of appeal)

Mortgage Corporation v Sandoes – The Times 27.12.98 CA
(leading case giving guidance on compliance with time limits in procedural obligations)

Kataria v Safeland Plc – The Times 3.12.97 CA
(forfeiture of commercial premises by peaceable re-entry)

Nykredit Mortgage Bank v Edward Erdman [1997] 1 WLR 1627 HL
(leading case on calculation of interest on damages in negligent valuation cases)

South Australia Asset Management v York [1997] AC 191 HL
(leading case on quantification of loss in negligent valuation cases)

Reed Personnel v American Express [1997] 1 EGLR 229
(Operation of break clause in commercial lease)

Iperion Investments v Broadwalk House 71 P & CR 34 CA
(forfeiture of long lease of very valuable residential premises)

The Great House at Sonning Ltd v Berkshire CC – The Times 25.2.96 CA
(injunction to restrain road closure outside commercial premises)

Milverton v Warner World [1995] 2 EGLR 28 CA
(surety obligations in lease covenant)

EPIC v Goddard v Smith [1992] 2 EGLR 155 CA
(summary judgement inappropriate in negligent property valuation)

Westminster CC v Clarke [1992] 1 All ER 695 HL
(leading case on status of residential occupants of hostels)

Mars Security v O’Brien [1991] EGLR 281
(construction of rent review provisions in commercial lease)

Law Land plc v Sinclair 24 HLR 57 CA
(site assembly commercial development; possession residential premises)

Southern Depot v British Rail [1990] 2 EGLR 39
(peaceable re-entry of commercial premises occupied by a Maxwell company)

Galinsky v McHugh 57 P & CR 359 CA
(effective service of notices under LTA 1954 Part I)

Hyde & South Bank Housing v Kain (1989) 133 SJ 1578 CA
(County court judge’s power to re-write his judgement up until date order drawn)

Sturolson v Mauroux [1988] 1 EGLR 66 CA
(measure of damages for breach of repairing covenant)

Alexander v Mohamedzadeh [1985] 2 EGLR 161 CA
(Possession of Rent Act premises on ground of alternative accommodation)

Email: jonathan.ferris@selbornechambers.co.uk