Practice overview

Jonathan currently stands top of the pile in terms of KCs for heavy and important property litigation and property-related professional negligence work. In 2023, Legal 500 says that Jonathan’s “advocacy skills and powers of persuasion are second to none … controlling the courtroom” and that he is “very user-friendly, a creative strategist and a superb advocate. Always impresses clients”. Another edition said that “his analysis is razor sharp” and “he is very bright and highly commercial”.

In 2022, Jonathan was awarded Chambers & Partners’ Real Estate Silk of the Year, for the fourth time (a record), along with The Legal 500’s Award for Real Estate, Environment and Planning Silk of the Year. In 2023, Jonathan won Chambers & Partners’ Professional Negligence Silk of the Year. Jonathan has accomplished these plaudits with a simple approach: his enormous success and enduring popularity has been achieved by immensely hard work, deep attention to detail, speed and decisiveness.

Jonathan is presently involved in many of the leading cases in property litigation and property-related professional negligence and is widely respected and admired for bringing to every matter, irrespective of how complex, clarity, commitment and care. Jonathan is strongly of the view that technical excellence in legal matters can be found quite easily: what makes the difference in terms of a successful lawyer are abilities on top of those – the ability to communicate clearly and effectively with clients and in particular to reflect their commercial objectives; the ability to think strategically about how to counter the move that the enemy is going to make next (even if it hasn’t yet thought of it itself); and ultimately, the ability to persuade the court to do something that it wouldn’t otherwise do.

Jonathan has been Deputy Head of Chambers at Wilberforce since 2016.

Jonathan's expertise

Download Property CV

Property

Jonathan was named Chambers & Partners’ Real Estate Silk of the Year in 2022, 2015, 2010 and 2007.

Jonathan is also the author of several books: ‘Claims against solicitors and valuers’, ‘Commercial Dispute Resolution’ and the bestselling ‘Leases: Covenants and consents’.

Jonathan has been involved in over 100 reported cases and many hundreds more either unreported or confidential. In essence, anything with even a tangential property angle, is ‘meat and drink’ for Jonathan.

Here’s a sample of Jonathan’s reported cases in the High Court, Court of Appeal and above over the past few years:

  • Arbitration: Fulham Broadway Trustees v Telefonica UK [2014] EWHC 1048 (Ch)
  • Beer Ties: Enterprise Inns Plc v Palmerston Associates Ltd & Anor [2011] EWHC 3165 (Ch)
  • Break clauses: Goldman Sachs International v Procession House Trustee Ltd [2018] EWHC 1523 (Ch)
  • Business interruption: Bank of New York Mellon (International) Ltd v Cine UK Ltd [2022] EWCA Civ 1021
  • Consent to assignment: No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2018] EWCA Civ 250
  • Consent to sub-let: E.ON UK Plc v Gilesports Ltd [2012] EWHC 2172 (Ch)
  • Conveyancing fraud: Mortgage Agency Services Number One Ltd (t/a Britannia Commercial Lending) v Cripps Harries LLP [2016] EWHC 2483 (Ch)
  • Contract (commission): Donovan v Grainmarket Asset Management LLP [2019] EWHC 1023 (QB)
  • Contract (construction, mistake and rectification): Scottish Widows Fund and Life Assurance Society v BGC International [2012] EWCA Civ 607
  • Contract (construction): Standard Life Investments Property Holdings Ltd v W & J Linney Ltd [2010] EWHC 480 (Ch)
  • Contract (conveyance): Hardy v Griffiths [2014] EWHC 3947 (Ch)
  • Contract (execution): Ramsay v Love [2015] EWHC 65 (Ch)
  • Damages for property negligence: Vision Golf Ltd. v Weightmans (a firm) [2005] EWHC 1675 (Ch)
  • Dilapidations (and mediation): PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288; [2012] EWHC 83
  • Estoppel: Riverside Housing Association Ltd v. White [2007] UKHL 20
  • Fixtures: Peel Land and Property (Ports No. 3) Ltd v TS Sheerness Ltd [2014] EWCA Civ 100; [2013] EWHC 1658 (Ch)
  • Forfeiture: Cussens v Reared Ltd [2013] EWHC 1229 (QB)
  • Fraud: Ensign House Ltd v Ensign House (FEC) Ltd [2023] EWHC 1563 (Ch)
  • Garden Squares: Herrmann & Anor v Withers LLP [2012] EWHC 1492 (Ch)
  • Good faith: Ross River Ltd & Anor v Cambridge City Football Club [2008] EWCA Civ 772
  • Guarantees: Topland Portfolio No 1 Ltd v Smiths News Trading Ltd [2014] EWCA Civ 18
  • Hampstead Garden Suburb Trust: Shebelle Enterprises Ltd v The Hampstead Garden Suburb Trust Ltd [2014] EWCA Civ 305; [2013] EWHC 948 (Ch)
  • Informal arrangements and constructive trusts: Clutterbuck & Anor v Al Amoudi [2015] EWCA Civ 1593; [2014] EWHC 383 (Ch)
  • Injunctions: Century Projects Ltd v Almacantar (Centre Point) & Ors [2014] EWHC 394 (Ch)
  • Landlord and Tenant (Covenants) Act 1995: EMI Group Ltd v O & H Q1 Ltd [2016] EWHC 529 (Ch)
  • Landlord and Tenant (Covenants) Act 1995: K/S Victoria Street (A Danish Partnership) v House of Fraser (Stores Management) Ltd & Ors [2011] EWCA Civ 904; [2011] EWHC 3179
  • Leases (frustration by reason of Brexit): Canary Wharf (BP4) T1 Ltd & Ors v European Medicines Agency [2019] EWHC 921 (Ch)
  • Leases (management companies): Pendra Loweth Management Ltd v North [2015] UKUT 91
  • Leases (misrepresentations): Francis & Anor v Charles Knapper & Ors [2016] EWHC 3093 (QB)
  • Leases (service charges): Corvan (Properties) Ltd v Abdel-Mahmoud [2018] EWCA Civ 1102
  • Leases (landlord’s expenditure): Francis v Phillips [2014] EWCA Civ 1395; [2012] EWHC 3650 (Ch)
  • Lending and possession: Baxendale-Walker v APL Management Ltd [2018] EWHC 543 (Ch)
  • Limitation: Jalla v Shell International Trading and Shipping Co Ltd [2023] UKSC 16
  • Mortgages: Cook v The Mortgage Business Plc [2012] EWCA Civ 17
  • Notices: Standard Life Investments Property Holdings Ltd v W & J Linney Ltd [2010] EWHC 480 (Ch)
  • Nuisance and annoyance: Timothy Taylor Ltd v Mayfair House Corporation & Anor [2016] EWHC 1075 (Ch)
  • Offers to settle: C v D & D2 [2010] EWHC 2940 (Ch)
  • Proprietary estoppel: Yeoman’s Row Management Ltd. & Anor v Cobbe [2006] EWCA Civ 1139
  • Planning conditions: Rentokil Initial 1927 Plc v Goodman Derrick Llp [2014] EWHC 2994 (Ch)
  • Professional negligence in tax advice: Barker v Baxendale Walker Solicitors [2017] EWCA Civ 2056; [2016] EWHC 664 (Ch).
  • Purchase of land, section 2 and completion: Matchmove Ltd v Dowding [2016] EWCA Civ 1233
  • Property joint ventures: Clutterbuck & Anor v Cleghorn [2018] EWHC 2125 (Ch); [2017] EWCA Civ 234
  • Reasonable grounds to refuse consent: NCR Ltd v Riverland Portfolio No1 Ltd [2005] EWCA Civ 312
  • Rent review: McDonalds Real Estate Ltd Liability Partnership v Arundel Corporation [2008] EWHC 377 (Ch)
  • Residential (secure tenancies): Islington v UCKAC [2006] EWCA Civ 340
  • Sale of land: Quest Advisors Limited Sharriba Ltd v McFeely [2011] EWCA Civ 1517
  • Service charge accounts: Morshead Mansions Ltd v Mactra Properties Ltd [2013] EWHC 801 (Ch); [2013] EWHC 224 (Ch)
  • Service charges (construction): Leonora Investment Company Ltd v Mott Macdonald Ltd [2008] EWCA Civ 857
  • Specific performance: The Nottinghamshire and City of Nottingham Fire Authority v Gladman Commercial Properties [2011] EWHC 1918 (Ch)
  • Telecoms: Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2022] UKSC 18; Cornerstone v Ashloch [2021] EWCA Civ 90
  • Telecoms: City of Westminster v Urban Wimax Ltd [2010] EWHC 1166 (Ch)
  • Trusts and rights to sue: Twin Benefits Ltd v Barker [2017] EWHC 141 (Ch)
  • Trusts (resulting and constructive): Ravendark Holdings v Rotenberg [2021] EWCA Cib 1661
  • Trusts and Trustees: Barker v Confiànce Ltd & Ors [2019] EWHC 1401 (Ch)

Download Property CV

  • Quote symbolThe Picasso of property litigation.

    Chambers & Partners 2024

  • Quote symbolJonathan is the go-to for complex real estate litigation matters. He is innovative and if anyone can get you out of a tricky situation, he can.

    Chambers & Partners 2024

  • Quote symbolHe has many strengths, but his ability to instantly develop rapport with clients and establish confidence and trust stands out.

    The Legal 500 2024

  • Quote symbolA legend in the area of property disputes, the way Jonathan’s mind works in order to find angles supporting a legal argument is truly fantastic.

    The Legal 500 2023

  • Quote symbolJonathan is a god amongst counsel. A brilliant mind, fabulous with clients and a real pleasure to work with.

    Chambers & Partners 2021

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    Recent Cases

    Leicester Square Ltd & ors v Empire Cinema [2024] EWHC 2294 (Ch)

    Property

    Jonathan Seitler KC | Benjamin Faulkner
    Tuesday 10 September 2024

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    News

    Wilberforce nominated in multiple categories including Set of the Year for third year running at Legal 500 Bar Awards

    Wilberforce Chambers is pleased to share that we have been nominated in multiple categories at Legal 500’s 2024 Bar Awards. Wilberforce Chambers has been nominated for ‘Set of the Year’ for the third year in a row as well as ‘Chancery... Read more

    Wednesday 10 July 2024

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    External Conferences

    PLA Annual Conference and Dinner 2024

    Friday 22nd March 2024
    Keble College, Oxford

    Speakers:
    Jonathan Seitler KC

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    Events / Webinars

    Wilberforce Birmingham Property Seminar 2024

    Thursday 7th March 2024 | 3pm - 5.55pm, followed by drinks
    The Grand Hotel, Birmingham

    Free to attend | 2.0 CPD

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Professional liability

Jonathan’s particular specialty is property-related professional negligence.

His practice therefore largely involves claims against solicitors and valuers. He has acted consistently both for Claimants and for Defendants and has enjoyed success in relation to both. In 2023, he was awarded Chambers & Partners’ Professional Negligence Silk of the Year.

Many professional negligence cases in which Jonathan has been involved have been high-profile and for that and other reasons, most have settled without the necessity for trial.

Invariably, these settlements have involved highly satisfactory outcomes for Jonathan’s clients. His reported cases are, therefore, merely the tip of the iceberg in terms of the work he has been carrying out in this field.

Reported cases include:

  • Mortgage Agency Services Number One Ltd (t/a Britannia Commercial Lending) v Cripps Harries LLP
  • Rentokil v Goodman Derrick (pending): solicitor’s negligence relating to the sale of land subject to satisfaction of planning conditions.
  • Herrmann v Withers LLP: Scope of solicitor’s duty, standard of solicitor’s duty, measure of damages.
  • Moffat v Burges Salmon: Solicitor’s duty, loss of a chance.
  • Credit Lyonnais SA v Russell Jones & Walker: liability for negligence when a firm of solicitors had been negligent in failing to draw a client’s attention to the fact that time was of the essence in the case of a condition precedent concerned with the early termination of a lease.
  • Eastgate Group Ltd v Lindsey Morden Group Inc: accountant’s negligence on sale of business, contributory negligence and contribution.
  • Howkins & Harrison v Tyler: valuer’s negligence, contribution between solicitor and valuer.
  • Legal & General Mortgage Services Ltd v HPC Professional Services: surveyor’s negligence, margin of error in valuation.

Download Professional liability CV

  • Quote symbolJonathan is a leading barrister in the area of professional negligence and has a razor-sharp focus on the issues that matter in a case.

    The Legal 500 2024

  • Quote symbolJonathan continues to provide excellent and innovative advice.

    Chambers & Partners 2024

  • Quote symbolJonathan is a brilliant advocate with a real creative flair. He finds a way out of even the trickiest of corners and frequently breaks new ground with his arguments.

    The Legal 500 2024

  • Quote symbolJonathan is a client-friendly leader in his field. He is entirely reliable in the advice that he gives.

    Chambers & Partners 2024

  • Quote symbolHe is a very strong advocate and has a real ability to put the client at ease in complicated matters.

    Chambers & Partners 2024

Professional liability insights & events View all thought leadership View all events

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    News

    Wilberforce nominated in multiple categories including Set of the Year for third year running at Legal 500 Bar Awards

    Wilberforce Chambers is pleased to share that we have been nominated in multiple categories at Legal 500’s 2024 Bar Awards. Wilberforce Chambers has been nominated for ‘Set of the Year’ for the third year in a row as well as ‘Chancery... Read more

    Wednesday 10 July 2024

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    External Conferences

    PLA Annual Conference and Dinner 2024

    Friday 22nd March 2024
    Keble College, Oxford

    Speakers:
    Jonathan Seitler KC

    View more
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    News

    Four wins for Wilberforce at Chambers UK Bar Awards 2023

    We are absolutely delighted to have picked up four awards at last night’s Chambers UK Bar Awards! We are proud to announce that Wilberforce Chambers won the highly coveted ‘Set of the Year‘ award, as well as ‘Chancery Set of... Read more

    Friday 1 December 2023

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    News

    Wilberforce shortlisted in five categories at the Chambers UK Bar Awards 2023

    We are delighted to announce that Wilberforce has been shortlisted in five different categories at the Chambers UK Bar Awards 2023. Chancery Set Real Estate Set Chancery Silk – Tim Penny KC Professional Negligence Silk – Jonathan Seitler KC Real... Read more

    Monday 11 September 2023

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Jonathan's expertise

Download Domestic arbitration CV

Domestic arbitration

Jonathan has over 20 years’ experience in acting as an arbitrator or as expert in an expert determination, having started this aspect of his practice in the mid-1990’s. His Awards and Determinations have covered all areas connected with property litigation and related professional negligence, including:

  • Development Agreements
  • Overage
  • Rent review Disrepair
  • Points of Contractual Interpretation
  • Sale and Purchase agreements (SPA’s)
  • Landlord and Tenant covenants

Jonathan’s manner is perfectly suited to winning the confidence of clients on both sides of a dispute and then resolving it in a way which is not just in accordance with the law and procedure and not just swift and economical, but is also in a manner which allows even the unsuccessful party to be assured that it has had a fair hearing and a proper disposal of its argument. This ensures that whilst the party in the right prevails, commercial relationships are not ruined going forward.

Jonathan’s track record as an arbitrator and Expert is such that the market continues to provide him with a steady flow of this type of work. This is the strongest testament to his success in the field.

Download Domestic arbitration CV

  • Quote symbolJonathan continues to provide excellent and innovative advice.

    Chambers & Partners 2024

  • Quote symbolJonathan is a brilliant advocate with a real creative flair. He finds a way out of even the trickiest of corners and frequently breaks new ground with his arguments.

    The Legal 500 2024

  • Quote symbolJonathan is a client-friendly leader in his field. He is entirely reliable in the advice that he gives.

    Chambers & Partners 2024

  • Quote symbolHe is a very strong advocate and has a real ability to put the client at ease in complicated matters.

    Chambers & Partners 2024

  • Quote symbolJonathan is very calm and intelligent. He makes sure clients are happy and is quick to clarify why there is a strategy; he doesn't leave them in the dark.

    Chambers & Partners 2023

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    News

    Four wins for Wilberforce at Chambers UK Bar Awards 2023

    We are absolutely delighted to have picked up four awards at last night’s Chambers UK Bar Awards! We are proud to announce that Wilberforce Chambers won the highly coveted ‘Set of the Year‘ award, as well as ‘Chancery Set of... Read more

    Friday 1 December 2023

    View more

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Jonathan's expertise

Download Mediation CV

Mediation

Jonathan has been a qualified mediator for 15 years over which time he has carried out hundreds of mediations. His style is firm but friendly and his skill is in not having the wool pulled over his eyes yet using the clear vision this provides to maximum effect (which usually means not making a big deal about it). His success rate in mediations is very high and he is particularly chuffed that such success is often achieved without having to continue the mediation beyond normal office hours. Jonathan also appeared for the successful party in the Court of Appeal in PGF v OMFS [2013] EWCA Civ 1288, the case which laid down the principles for the punishment of parties who ignore invitations to mediate.

Jonathan carries out mediations across all aspects of civil litigation and particularly enjoys cases with a property or related professional negligence angle.

Jonathan is also available to offer early neutral evaluations.

Download Mediation CV

  • Quote symbolJonathan is a brilliant advocate with a real creative flair. He finds a way out of even the trickiest of corners and frequently breaks new ground with his arguments.

    The Legal 500 2024

  • Quote symbolJonathan is an incredibly creative barrister who is user-friendly.

    Chambers & Partners 2024

  • Quote symbolJonathan continues to provide excellent and innovative advice.

    Chambers & Partners 2024

  • Quote symbolHe has many strengths, but his ability to instantly develop rapport with clients and establish confidence and trust stands out.

    The Legal 500 2024

  • Quote symbolJonathan is able to look at matters from a new perspective and different angles.

    Chambers & Partners 2023

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    News

    Four wins for Wilberforce at Chambers UK Bar Awards 2023

    We are absolutely delighted to have picked up four awards at last night’s Chambers UK Bar Awards! We are proud to announce that Wilberforce Chambers won the highly coveted ‘Set of the Year‘ award, as well as ‘Chancery Set of... Read more

    Friday 1 December 2023

    View more

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Jonathan's Details

BSB/VAT information

Registered name: Mr Jonathan Simon Seitler KC
VAT number: 466298406

Privacy Notice pdf

Qualifications and Appointments

  • CPPE, Pembroke College Oxford
  • Diploma in Law with Distinction

Memberships

  • Property Bar Association
  • Professional Negligence Bar Association
  • Standing Conference of Mediators

Publications

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