Jonathan Chew

Pensions

Jonathan has acted for and advised a range of institutional and pensions professional clients, and has been described in the directories as “a first-class advocate in terms of strategy and technical points”.

His current and recent work reflects relevant pensions issues: for occupational schemes: e.g. RPI/CPI switches and other issues relating to pension increases, rectification, scope of amendment power issues, and regulatory action; and for personal schemes/SIPPs: questions of interpretation, misselling, pensions liberation, and investment duties. He was also instructed in relation to the Master Trust approval process.

As well as Jonathan’s forensic High Court trial experience, he is experienced in the procedural aspects of multi-party OPS pensions litigation, such as Beddoe applications, applications for directions under CPR 64, and representation orders.

Jonathan’s work spans the full range of pensions issues covering both the trusts aspects and legislative/regulatory claims, such as CNs/FSDs, section 75 debts and pensions liberation. He has been involved in disputes affecting major schemes such as Nortel and the Sea Containers 1983 schemes. In addition to litigation, Jonathan also advises on transactional and regulatory matters.

As well as acting for and against the Pensions Regulator, Jonathan has acted as clerk to the Pensions Regulator’s Determination Panel on various regulatory matters.

Jonathan’s ongoing and recent work includes:

• Scheme interpretation issues arising from the raising of the NMPA from 55 to 57.
• Acting for both potential claimants and potential defendants in pensions professional negligence matters arising out of alleged failings in the making of amendments to plans.
• Britvic PLC v Britvic Pension Trustee [2020] EWHC 118 (Ch) and [2022] Pens LR 16 (CA): acting for the Trustee on a construction summons in relation to employer powers in relation to pension increases in both the High Court and Court of Appeal.
• Re Mitchells & Butlers Pension Plan [2022] Pens LR 6: Acting for the successful trustee on a dispute relating to the ability of an employer to set pension increase levels, leading to disputes over rectification, RPI/CPI, and the validity of amendments, led by Michael Tennet KC and Edward Sawyer.
• Advising on liabilities in relation to part of the Local Government Pension Scheme.
• Acting as clerk to the DP on various disputes: e.g. a contested dispute to appoint an independent trustee to a substantial scheme and on a recent regulatory request arising out of alleged pensions liberation and misselling.

Other historical contentious work has included:

• Re London Quantum Retirement Benefit Scheme (Determinations Panel, 8 Feb 2016):
• Acting as sole counsel (against Jonathan Evans QC and Fenner Moeran KC), for the Original Trustee who had been removed by the Regulator facing allegations of misconduct, breach of trust, and pensions liberation.
• Pollock v Reed [2016] Pens LR 129: Led by Robert Ham KC in a High Court trial acting for the employer in a proposed scheme restructuring, raising issues of the interpretation of the Presevation of Benefit Regs, the role of the PPF, and non- consensual member transfers.
• Instructed in relation to the Nortel Scheme FSD litigation.
• Acting with Michael Furness KC for the trustee on a claim to recover a £5m section 75 debt from a former participating employer. The claim, raising issues of trustee decision-making and consultation, settled shortly before trial in 2015.
• Advising in relation to various alleged overpayments to members.

Other examples of Jonathan’s historic advisory work include:

• Advising a successor scheme employer on its liabilities and duties under an existing scheme in the context of a substantial deficit.
• Advising a major product provider on the various rights and duties arising from its obligations under the schemes it offers, including FSMA issues.
• Advising a major insurer on how to structure its internal procedures to avoid potential unwitting participation in pension liberation.
• Advising an employer on a proposed restructuring and covenant issues arising.
• Advising an American scheme employer on scheme amendments and statutory and regulatory best practice in relation to member-nominated trustees.

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Commercial disputes

Jonathan has a specialised commercial chancery practice with a particular emphasis on fraud and disputes relating to complex structures, particularly with an international element. The directories say “his advocacy skills are excellent and he is a real team player“.

He has practical experience of advising and obtaining interim relief (freezing injunctions, Norwich Pharmacal and Bankers’ Trust orders) and of succeeding in hard-fought multi- week trials as part of a wider counsel team.

Jonathan is often instructed in matters relating to Dubai, whether in Dubai, where he appears before the DIFC Courts, or in London on matters arising out of the Middle East.

Current ongoing matters include:

• Acting successfully as sole counsel in the High Court trial against a silk of a claim as to ownership of a Damien Hirst painting, raising complex questions of the use of offshore property-holding vehicles: Hilden Developments v Philliips Auctioneers & another [2022] EWHC 541 (QB); ongoing enforcement judgment reported at [2022] EWHC 3396 (KB).
• Acting (led by Michael Furness KC) for the Defendant purchaser company on a Commercial Court dispute for specific performance for obligations on a purchaser contained in a SPA.
• Acting for a defendant accused of fraud, in a dispute raising difficult preliminary questions of limitation and causation.

Other reported cases include:

• Acting as sole counsel as part of a team in a multimillion-dollar DIFC-LCIA arbitration defending a claim in relation to alleged breaches of a JV agreement.
• Canary Wharf v EMA [2019] EWHC 335 (Ch): led by Joanne Wicks KC acting for the landlord in relation to the much-awaited “Brexit” case, in successfully defeating a claim that Brexit will frustrate a lease.
• Acting for the victims of a major property investment fraud relating to development land in central London, including a successful finding of fraud on a summary judgment basis: Aurora Developments v Delta Holdings [2018] EWHC 1047 (Ch).
• Tavira Securities v Point Ventures FCZO [2017] CFI 26: acting as sole counsel against a silk in a jurisdiction challenge in the DIFC in litigation relating to an alleged share transaction.
• Matchmove v Dowding [2017] 1 WLR 749: led by Jonathan Seitler KC, acting on an appeal relating to constructive trusts.
• MASNOL v Cripps Harries Hall [2016] EWHC 2483 (Ch): led by Jonathan Seitler KC, successfully defending two solicitors accused of fraud. After a hard-fought multi-week trial, the individuals involved were wholly exonerated and indemnity costs obtained.
• Caliendo v Mishcon de Reya [2016] EWHC 150 (Ch): led by Ian Croxford KC and Clare Stanley KC, successfully defending a firm of solicitors accused of breach of fiduciary duty and negligence arising out of the sale of QPR football club.
• DAMAC Park Towers Company v Ward (14 December 2015) CA 006/2015: Acting for the DAMAC Group in the DIFC Court of Appeal on a successful appeal in which the Chief Justice confirmed the contractual validity of property reservation agreements and a commercial approach to the construction of the related credit agreements.
• Dany Lions v Bristol Cars [2014] 2 All ER (Comm) 403: a successful High Court trial as sole counsel arguing that a contractual clause was too vague to be binding, alternatively that reasonable endeavours had been used.

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International arbitration

Jonathan has worked on a range of international arbitrations, including under SCC, LCIA and DIFC-LCIA rules. His work has included drafting written submissions as well as advocacy at hearings, and he has experience of interim applications on jurisdictional challenges and applications for bifurcation. He has particular expertise on Middle Eastern arbitrations arising out of his practice in Dubai and the wider regions.

While the details are confidential, recent examples of his work include:

• A DIFC-LCIA arbitration in relation to a multimillion claim in respect of a tech joint venture.
• A jurisdiction challenge in relation to the “group of companies” doctrine.
• A SCC arbitration in relation to a security contract in the Middle East.
• Acting on a dispute in respect of asset management of an international property investment portfolio.

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Professional liability

Jonathan’s professional negligence practice is ancillary to his core area. He has particular experience with solicitors’ negligence claims (both transactional and litigation), as well as acting on claims involving surveyors, accountants, trustees and trust/scheme administrators.

Examples of Jonathan’s recent professional liability work include:

• Acting for a claimant in a claim against solicitors arising out of negligent work in relation to pension scheme deed preparation.
• Acting for defendant solicitors in an alleged claim arising out of alleged defective execution of deeds
• Acting for a claimant in a potential claim against a rights to light surveyor
• Defending property transactional solicitors accused of negligence by the counterparty to the transaction.

Historic work has included:

• Quidnet Capital Partners v Colsilverbird & ors (2019-2020): Jonathan acts for property owners in a multimillion-pound dispute with its former asset managers, where substantial allegations of negligence are made against the asset managers.
• Acting on expert determination for a property owner in respect of allegations made against an asset manager.
• MASNOL v Cripps Harries Hall [2016] EWHC 2483 (Ch): led by Jonathan Seitler KC, Jonathan successfully defended two lawyers accused of an £11 million conveyancing fraud arising out of buy-to-let lending in 2007. The individuals involved were fully exonerated of the dishonesty accusations against them.
• Caliendo v Mishcon de Reya [2016] EWHC 150 (Ch): One of the Lawyer’s “Top 20 Cases of 2015.” Jonathan, led by Ian Croxford KC and Clare Stanley KC, successfully acted for the defendant firm in defeating a professional negligence claim brought arising out of the sale of QPR football club to Flavio Briatore and Bernie Ecclestone in 2007.
• Advising on potential claims against scheme administrators for failed equalisation.
• Acting with Joanna Smith QC on a FRC investigation into a major audit firm and certain employees of an AIM-listed company arising out of the business’ collapse and restructuring.
• Twintec v Volkerfitzpatrick [2014] BLR 150: A construction professional negligence claim which was one of The Lawyer’s “Top 20 Cases of 2014” where a tenant was claiming over £100m against its landlord, with contribution claims against contractors and subcontractors.
• Jonathan was led by Joanna Smith QC in the dispute relating to a wine warehouse in the South West and successfully obtained an interim injunction in that case restraining adjudication.

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