Jonathan Karas QC

CV

Property

Jonathan regularly appears in court and in arbitrations representing parties to the widest range of property disputes. He also acts as an arbitrator and advises arbitrators. His considerable experience coupled with in depth knowledge of the law and sensitivity to clients' commercial objectives enables him to act in every field of property litigation and he is often instructed to assist on difficult points arising in the context of transactions. The following are examples of the sort of cases in which Jonathan is involved.

• During 2010/2011 Jonathan has been instructed on a number of very high value arbitrations and expert determinations arising out of sale/purchase and development agreements (the arbitrators/experts have included Lord Hoffman, Nicholas Dowding QC, Jonathan Gaunt QC and Graham Chase FRICS) as well as substantial litigation between housebuilders
  
  
• Jonathan regularly advises and acts in rent review and valuation cases both at arbitrations (which remain confidential) and in Court. Examples of court cases include
  
  
  
  • R (Primary Health Investment Properties Ltd) v Secretary of State for Health [2009] EWHC 519 (Admin) (successful challenge to the Valuation Office Agency's role in setting current market rents for NHS premises)
    
    
  • Burford Properties Limited v Forte Hotels (UK) Limited [2003] EWCA Civ 1800 (the distinction between provisos and covenants).
    
    
• Jonathan has a significant involvement in rights of light and the application of section 237 of the Town and Country Planning Act 1990. In addition to substantial advisory work, examples of his litigation practice include
  
  
  • HXR UK (CHC) II Ltd v Heaney (retained in the Court of Appeal as leading counsel for respondent) [2011]
    
    
  • Midtown Ltd v City of London Real Property Co Ltd [2005] 14 EG 130 (leading case on rights of light in office premises)
    
    
• Jonathan has acted in leading cases involving the nature of leasehold interests and fundamental procedural and jurisdictional issues:
  
  
  • Sheffield City Council v Wall and Ingham [2010] EWCA Civ 922 (leading case on statutory rights of succession, the setting aside of possession orders and overriding leases
    
    
  • R (Kanssen) v Secretary of State for Environment, Food & Rural Affairs [2005] EWHC 1024 (duties of public authorities to make 'welfare inquiries' before seeking possession)
    
    
  • Hackney LBC v Side by Side (Kids) Ltd [2004] 1 WLR 363 (leading case on the limits on jurisdiction to delay order possession).
    
    
  • Wandsworth LBC v Michalak [2003] 1 WLR 617 (an important Court of Appeal case on discrimination in the context of landlord and tenant legislation and the application of the Human Rights Act 1998 in possession actions)
    
    
  • R (Sinclair Gardens Investments (Kensington) Ltd) v Lands Tribunal [2006] 1 EGLR 7 (amicus to the Court of Appeal: decision on jurisdiction of High Court to review decisions of Lands Tribunal).
    
    
• Jonathan regularly advises or acts for parties (both landlord and tenant) concerned with dilapidations and service charges. Since 2008 he has been acting on a multi-million pound claim arising from allegedly defective premises affecting numerous leases at a regional shopping centre. His cases have included the leading case of  
  
  
  • Fluor Daniel Properties Ltd v Shortlands Investments Ltd [2001] 2 EGLR 103
    
    
• Jonathan is regularly instructed in substantial cases concerning title, easements and ransom strips. For example,
  
  
  • Since his involvement in Swan Hill Developments Ltd v British Waterways Board [1997] EWCA Civ 1089 (the leading case on statutory rights of developers owning land adjacent to canals) he has regularly advised developers on canal-side developments and rights.  Recently Jonathan has been instructed on behalf of United Utilities in litigation with the Manchester Ship Canal Company [2011].
    
    
  • Commission for New Towns v J J Gallagher Ltd [2003] 2 P & CR 3 (dedication of highways and presumptions applicable to land adjoining the highway; construction of section 62 of the Law Property Act 1925).

Planning and compulsory purchase

Jonathan has considerable experience of representing parties both in court and at major public inquiries. He has been retained both alone and leading highly ranked planning juniors. In addition, Jonathan advises parties on planning issues with a view to avoiding litigation and inquiries. Recent examples include:

• Advising substantial land owner in relation to the Thames Tunnel project and the application of the Planning Act 2008 [2011]
  
  
• Retained to act as leading counsel for the Earl of Derby on an appeal to the Secretary of State against the refusal of planning permission to an urban extension to Newmarket and associated judicial review proceedings [2010-2011]
  
  
• Representing objectors to CPO promoted by LB Sutton and advising on the objectors' own application for planning permission (objection successful: order withdrawn with objectors' costs agreed; planning permission obtained) [2010]
  
  
• Representing the Victoria Palace Theatre at the major public inquiry into Victoria Station Upgrade (objection satisfactorily compromised) [2008-2009].
  
  
• Successfully representing Eden Park Developments at inquiry to secure permissions for Class B2, B8 and B1c uses with a GEA of 84,500 sq.m. in Eastwood, Nottinghamshire for development by Prologis contrary to the development plan [2008].
  
  
• Successfully representing developers at a planning inquiry to secure planning permission for office development in a Conservation Area in Islington [2008]
  
  
• Advising on the prospects of obtaining permission for a substantial care home in the green belt (application subsequently approved) [2008].
  
  
• R (Mayor of London) v First Secretary of State [2008] EWHC 631 (Admin) (the first case considering the Secretary of State's powers to award costs planning inquiries against the Mayor of London).
  
  
• Richard Parsons Ltd v Bristol City Council [2007] EWLands ACQ 190 2006 (Lands Tribunal decision on how onerous leases should be taken into account in the assessment of compensation on compulsory acquisition).

Commons, manorial rights, town and village greens, rights of way and highways

 Jonathan regularly advises on these topics and has appeared in leading cases in these areas. The following are notable examples:

• Advising landowners regarding claims by residents for village green rights over a substantial development sites in Birmingham [2008-2009] and Hampshire [2009-2010].
  
  
• Advising substantial landowners on the registration of manorial mineral rights [2010- present].
  
  
• Successfully representing the owner of a large country house in a judicial review of an inspector's decision not to confirm an order diverting a footpath [2008].
  
  
• Oxfordshire County Council v Oxford City Council [2006] UKHL 25 (leading House of Lords case on the law of town and village greens).
  
  
• R (Whitmey) v Commons Commissioners [2005] QB 282 (Court of Appeal decision on jurisdiction of local authorities to determine amendments to the commons register).
  
  
• R (Ashbrook) v Secretary of State for Environment, Food & Rural Affairs [2005] 1 ALL ER 166 (procedure for fencing commons).
  
  
• R (Kind) v Secretary of State for Environment, Food & Rural Affairs [2005] EWHC 1243 (vehicular rights over routes shown as bridleways).
  
  
• Commission for New Towns v J J Gallagher Ltd [2003] 2 P & CR 3 (dedication of highways and presumptions applicable to land adjoining the highway).
  
  
• Secretary of State for the Environment, Transport and the Regions v Baylis (Gloucester) Ltd [2000] 2 EGLR 13 (statutory dedication of highways and the Land Registration Act).

Valuation and taxation

Jonathan's expertise has led to HMRC instructing him in substantial tax and rating cases involving property and valuation. He also advises taxpayers in relation to property and valuation issues arising from taxation. The following are high profile examples in the public domain:

• Acting for HMRC in relation to disputes which have arisen in relation to the correct rating of ports and hydro-electric power stations [2009 - 2010].
  
  
• Lord Lloyd-Webber v HMRC (representing HMRC on a case involving valuation of licences for works of art of substantial value: case compromised) [2009].
  
  
• Arnander and others (Executors of David McKenna deceased) v HMRC (2006) SpC 565 (important Special Commissioners' decision on the availability of agricultural property relief).