Counsel
Jonathan is Counsel in the Dispute Resolution team. He is a former English Solicitor, English Barrister and a Jersey Advocate. He also sits as a Commissioner of Appeal for Tax.
He has over twenty years’ experience of dealing with all aspects of commercial litigation, encompassing a broad range of business, corporate, insolvency and trust disputes. He is a pragmatic litigator and is able to see the “bigger picture” both in the context of ongoing proceedings and the client’s wider objectives.
He has regularly acted for well-known companies, shareholders and office holders, dealing with matters from inception through to trial as a solicitor and appearing at interim hearings, trials and on appeal as a barrister. He has also represented clients at mediation where he adopts a solution-focussed and commercial approach.
Recent Experience:
Since joining Dickinson Gleeson in July 2020, Jonathan has been involved in a number of high value cross-border disputes, including:-
Insolvency
- Advising the Luxembourg bankruptcy trustee of a “dual-hatted” Jersey company in relation to various applications made by creditors in Jersey, including what is believed to be the first reported application under Article 157A of the Companies (Jersey) Law 1991. The matter proceeded to the Court of Appeal.
- Advising the directors of a group of Jersey companies as to their duties under the Companies (Jersey) Law 1991 and associated case law when those companies are bordering on insolvency.
- Advising creditors of a Jersey company as to the scope for pursuing a creditors’ winding up in circumstances where there was said to be a dispute as to liability to pay the sums due, notwithstanding that they were the subject of an English judgment.
- Representing the administrators of a PLC in a £30m claim, including seeking a declaration as to the beneficial ownership of shares in various offshore companies and obtaining interim injunctive relief to restrain those companies and their shareholders from disposing of certain assets.
- Acting for the administrators of various companies in relation to claims against suppliers and former directors for the recovery of assets.
- Advising individuals and company directors on claims for transactions at an undervalue, preferences and Director’s Disqualification proceedings.
Corporate and Partnership Disputes
- Advising the directors of a joint venture company in relation to a multi-jurisdictional, multi- million pound claim between the joint venture partners involving allegations of deceit, conspiracy and breach of fiduciary duty. Proceedings are ongoing in England and in Jersey.
- Advising the directors of a Jersey company in relation to a potential dispute as to the entitlement of the executors of a deceased shareholder’s estate to be registered as members of the company and associated issues as to the validity of a shareholders agreement which the executors claim was entered into when the shareholder lacked capacity.
- Advising the former owners of a multi-million pound manufacturing business on claims relating to the payment of deferred consideration under the sale and purchase agreement.
- Advising the former shareholders of a high-profile sports club in a £9m dispute involving interpretation of provisions in their Share Purchase Agreement
- Advising the purchasers of a business on irregularities in the statutory books of the target company and minimising the associated risks before acquiring the target
- Advising and representing the partners of a high street law firm in proceedings and a mediation with a former partner.
- Assisting corporate solicitors with due diligence exercises where the target had been involved in litigation or claims had been intimated, including advising both purchasers and insurers directly and through bespoke due diligence reports.
Trusts and Private Client
- Advising the professional trustees of a family trust in relation to a multi-million-pound claim involving allegations of breach of duty for failing to invest the trust fund. The claim settled at mediation.
- Advising the putative trustee of an informally drafted Jersey trust instrument in relation to its duties and potential claims which could be advanced in respect of a €1bn+ shareholding in a European chemicals group. The matter involved liaising with a multi-jurisdictional legal team in relation to concurrent criminal and insolvency proceedings in several European jurisdictions and the ongoing sale of the group.
- Representing a class of creditors in respect of sums said to be held by a company in liquidation pursuant to a Quistclose Trust.
- Acting for the executors, beneficiaries, family and dependents in relation to a variety of contentious probate matters
- Advising a trustee in a dispute concerning the disposal of the trust assets and distribution of the proceeds of sale
- Representing a pension trust fund in proceedings concerning the distribution of funds to the beneficiaries of an undischarged bankrupt who was subject to an international freezing order.
Client Testimonials:
‘‘Jonathan Barham . . . spots the key points in the case very quickly and is able to break a case open to his client’s advantage.’ (Legal 500 2024)
‘Jonathan Barham has a fantastic eye for detail.’ (Legal 500 2023)
Memberships:
Jonathan is a member of Lincoln’s Inn, ConTrA and TL4 FIRE
Contact Jonathan
Telephone: +44 (0) 1534 737 757