Jonathan Davey

Property CV 

Jonathan's real property practice includes providing advice and litigation services in relation to all matters concerning both commercial and residential property. Jonathan has particular experience of matters arising out of high value development agreements, as well as disputes concerning mortgages, restrictive covenants, equitable interests in property and adverse possession. In the field of landlord and tenant, Jonathan deals with issues arising in relation to such things as break clauses, repairing and other leasehold obligations and the renewal and termination of business tenancies.

Jonathan has experience in a number of specialist areas including revenue-related property issues, the nineteenth century School Sites legislation and the law of wayleaves. Jonathan is the editor of Butterworths Property Law Handbook with Joanne Wicks QC of Wilberforce Chambers (new edition due out in Autumn 2011).

Jonathan's clients range from individuals to corporate entities to government departments. Jonathan is on the Panel of Counsel to the Crown (B Panel) and in that capacity   regularly acts in property related matters for among others the Ministry of Justice, the Ministry of Defence and the Highways Agency.

Recent/notable cases include:

• BDW Trading Ltd (t/a Barratt North London) v JM Rowe [2011] EWCA Civ 548; [2010]; EWHC 1987 (Ch) (with Michael Barnes QC) - Acting for defendant land owning company in dispute concerning rights of property developer to rescind contract for sale of commercial property during downturn in market following financial crisis.
• Atkinson v Commissioners for HM Revenue & Customs [2010] UKFTT 108 (TC); [2010] W.T.L.R. 745; [2010] S.T.I. 2123 - Acting for HMRC in dispute concerning proper construction of the agricultural property relief provisions of the Inheritance Tax Act 1984 (case currently on appeal to the Upper Tribunal (Tax and Chancery)).
• Jahansouz v Revenue and Customs Commissioners [2010] UKFTT 355 (TC) - Acting for HMRC in relation to dispute concerning application of VAT regime in respect of works undertaken on residential property.
• Fraser v Canterbury Diocesan Board of Finance [2007] EWHC 1590 (Ch)) (with Christopher Nugee QC) - Acting for claimant in claim concerning proceeds of sale of land raising issues regarding the application of the statutory proviso for reverter contained in the School Sites Act 1841.  
• Market South (Holdings) Ltd v Commissioners for HM Revenue and Customs [2011] (Decision of Upper Tribunal (Tax and Chancery) released on 6  April 2011) - Acting for HMRC in case concerning tax implications of planning dispute in relation to commercial property.
• Advising the Secretary of State for Justice on residential landlord and tenant issues arising in respect of government-owned land (with James Eadie QC).
• Advising local authority on the implications of a substantial urban development (with Jonathan Seitler QC).
• Advising landowner on rights arising under a wayleave agreement (with Jonathan Karas QC).
• Acting for claimant tenants in leasehold enfranchisement claim relating to a substantial Mayfair property.
• Advising the Ministry of Defence in respect of business tenancy issues arising on the sale of government owned land.
• Acting for the Department of Transport in adverse possession proceedings before the Adjudicator to HM Land Registry.