Jonathan Seitler QC

Practice

Jonathan’s practice encompasses many of the most high-value and high-profile actions in his field.

He has appeared in a large number of substantial property litigation claims, especially in relations to rent reviews, consent to assign and cases relating to the termination of leases, whether by surrender, forfeiture or the exercise of a break clause. Jonathan has also appeared in many professional negligence cases where the complaint against the professional relates to a complex commercial or property transaction.

Jonathan is a qualified mediator. He has carried out many mediations and has also appeared as 'advocate'.

Jonathan also regularly acts as arbitrator or as an expert in determining commercial property disputes.

Notable cases

Property litigation - Jonathan’s list of notable cases in the field of property litigation is long. Some of his more well-known recent cases include the following: Beegas Nominees Ltd v Decco Ltd [2003] EWHC 1891 (Ch) (principles of rent review); BLCT (13096) Ltd v J Sainsbury plc [2003] EWCA Civ 884 (rent review & human rights); Bride Hall Estates Ltd and another v St George North London Ltd [2004] EWCA Civ 141 (overage provisions in land development); Retail Variations v BLCT (Santa's Grotto at Shopping Centre); Safeway Stores Plc v Legal & General (rent review appeals); 3C Waste v Biffa (waste management lease); Grainger Trust plc v Micros-Fidelio UK Ltd [2003] All ER (D) 145 (property notices); Checkpoint Ltd v Strathclyde Pension Fund [2003] EWCA Civ 84 CA (rent review appeals). In Islington London Borough Council v Uckac and another [2006] EWCA Civ 340 Jonathan managed to persuade the Court of Appeal to refuse a housing authority's right to take away residential premises on the grounds of fraud.

Professional Negligence - Many of Jonathan’s professional negligence cases are of a confidential or sensitive nature. Those that have come into the public domain, however, include the following: Moffatt v Burges Salmon (a firm) [2002] EWHC 891 (loss of a chance in solicitors actions); Howkins & Harrison (a firm) v Tyler and another [2001] Lloyd's Rep PN 1 CA (Civil Liability (Contribution) Act 1978 s.1(1)); Credit Lyonnais SA v Russell Jones & Walker [2002] EWHC 1310 (Ch), [2002] All ER (D) 19 (solicitors duty of care); Eastgate Group Ltd v Lindsey Morden Group Inc, Smith & Williamson CA [2002] 1 WLR 642 (Civil Liability (Contribution) Act 1978). In Scottish Widows plc v Stewart [2006] EWCA Civ 999, acting for Scottish Widows, Jonathan took a Judgment that the original Judge had made which cost Scottish Widows over a million pounds and reduced the liability to zero.

Jonathan has been retained in two of the most sensitive recent professional negligence cases. In one, a Formula 1 racing team sued two leading firms of solicitors claiming that they acted negligently in preparing a commercial agreement with Bernie Ecclestone. In the other, Jonathan acted for a well known supermarket chain in what was described in the press as "a massive negligence claim".

Memberships and Publications

As well as lecturing widely, Jonathan is co-author of ‘Property Finance Negligence: Claims against Solicitors and Valuers’ (FT Law & Tax 1996) and the looseleaf ‘Commercial Property Disputes: Law and Practice’ (Sweet & Maxwell 1999). He is a member of the Commercial Bar Association and the Professional Negligence Bar Association.

Professional reputation

The Legal 500 directory (2006) says that no barrister has recently caught the eye of instructing solicitors as much as Jonathan. This builds on plaudits that Jonathan’s "easy manner belies a sharp tactical mind which is much in demand”. His ability to work hard and deliver work swiftly, based on detailed preparation, is reflected in the comment in a recent edition of the same Directory that he is “the complete professional”.

In the 2007 Chambers & Partners UK Directory it is said that Jonathan is an "impressive courtroom advocate whose extreme cleverness and creativity are admired by friends and foes alike". Jonathan does not readily accept that he has 'foes' but his real friends have told him that this is just the whingeing of people on the wrong side of his advocacy skills.

Personal

Having been forced by age and peer pressure (following some catastrophic positional errors) to hang up his goalkeeping gloves, Jonathan sought to replace that activity by refereeing under-11's football. This has not been a total success. Referees are not really supposed to argue back.