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Overview

Jonathan was runner up to the Taylor Prize for best performance on the Bar Vocational Course at Nottingham Law School.  He then undertook his first six months pupillage at Essex Court Chambers, London, the Chambers of Gordon Pollock QC.  His second six was at Ropewalk Chambers and he became a tenant in November 2005.

He specialises in commercial, property and chancery, personal injury, disease, clinical negligence, costs, planning and environmental, public sector and not for profit, housing, criminal regulatory and professional discipline and regulation matters.

He is registered with the Bar Council to undertake Direct Access work and is able to receive instructions directly from lay clients, as well as those on the traditional professional client basis.

Outside of work he is a keen swimmer (1 mile being his favourite distance) and enjoys spending time with his family.

Commercial

Jonathan pleads, advises and appears in the full range of commercial disputes, including:

  • Breach of contract cases, including sale of goods, the supply of services, consumer credit and dealing with points of contract formation, misrepresentation, mistake, unfair contract terms, contractual construction, breach and termination.
  • Consumer / trader disputes
  • Insurance contract disputes
  • Remedies, including injunctions, both interim and final (including relating to confidential information and threatened wrongs)
  • Wrongful interference with goods
  • Torts causing economic loss

Property and Chancery

Jonathan advises and appears in the full range of property and chancery matters, including:

  • Land disputes, including the sale of land, boundary disputes and disputes about easements, mortgages and adverse possession and leasehold disputes (both residential and commercial, long and short leases, including lease renewal and enfranchisement).  He appeared recently in the Court of Appeal in Underwood v Mayers [2014] EWCA Civ 406
  • Trusts disputes
  • Insolvency (corporate and individual), including injunctions to restrain advertisement of petitions
  • Companies disputes and proceedings under the Companies Act 2006, including in relation to directors’ duties, dissolution, companies charges and shareholder disagreements
  • Partnership disputes, including dissolution
  • Contentious probate
  • Non-contentious matters, including the drafting of agreements

Personal Injury

Jonathan is regularly instructed in the full range of personal claims, including:

  • Employer’s liability claims (the full range of general statutory duties, and more specialist areas of regulation, including accidents in mines, quarries and docks, and at common law, particularly with the coming into force of Section 69 of the Enterprise and Regulatory Reform Act 2013)
  • Public liability claims (including highways claims, occupiers’ liability claims and claims against persons in positions of responsibility – and in particular the duties of schools to safeguard pupils and the duties owed to detained persons)
  • Cases of sexual and physical abuse (including historic claims), involving both vicarious liability and alleged systematic breach of duty
  • Cases concerning unlawful detention (including under the Human Rights Act 1998)
  • Clinical negligence disputes, including claims in which it is alleged that death has resulted from allegedly negligent acts and omissions of treating physicians

Disease

Jonathan works across the full range of disease claims, including:

  • Noise induced hearing loss
  • HAVS and work-related upper limb disorders
  • COSHH cases
  • Asbestos-related conditions and other respiratory diseases

He deals with:

  • Exposure and breach of duty
  • Expert evidence and medical causation
  • Limitation
  • Legal causation and quantum, including apportionment

Costs

Jonathan pleads, advises and appears in the full range of costs disputes, including:

  • Costs budgeting and costs and case management conferences
  • Detailed assessment, including the Points of Dispute and Replies associated with it
  • The validity of conditional fee agreements and retainers
  • The proper order for costs between the parties, including arguments of misconduct, exaggeration and the effect of offers (Part 36 as well as “Calderbank” offers), as well as costs disputes between multiple parties (including Bullock and Sanderson orders)
  • Allegations of compromise of costs disputes
  • Appeals against costs orders

Planning and Environmental

Jonathan advises and appears in relation to a wide range of planning matters, including:

  • Public local inquiries concerning the refusal of planning permission for residential housing estate developments and windfarms
  • Enforcement notices (including human rights issues)
  • Section 106 agreements and planning conditions
  • Compulsory purchase orders
  • Costs in relation to planning

Public Sector and Not For Profit

Jonathan acts in relation to the full range of public sector and not for profit disputes, including:

  • Local authority statutory regulatory schemes, including in relation to environmental health and public safety, planning control, building regulation, houses in multiple occupation, street trading, taxi regulation
  • Tenancies granted by local authorities, both residential and commercial
  • Local authority statutory requirements and rule-making powers, including byelaws
  • Local authority statutory duties, including to the homeless and in relation to highways and education
  • Recoupment of the costs of care provided to private individuals and the charges used to secure those liabilities
  • Charities, including the responsibility of directors, the use and misuse of charitable funds and litigation by charities

Criminal Regulatory

He advises, drafts indictments, case summaries and defence statements, as well as appears at regulatory prosecutions, including:

  • Local government statutory enforcement prosecutions (including planning control, environmental health and public safety, housing, and trading controls)
  • Health and safety prosecutions
  • Prosecutions for environmental damage

Notable Cases

Underwood v Mayers [2014] EWCA Civ 406 (boundary dispute)

Recommendations

Recent recommendations for Jonathan include:

“A specialist in business disputes.’

Legal 500 2015 – Commercial, banking and insolvency

"Jonathan Owen is extremely good value – working well beyond his call."

Legal 500 – Chancery, Commercial, Insolvency and Banking

“Jonathan Owen is recommended for insurance, business and property matters.

Legal 500 – Chancery, Commercial, Insolvency and Banking

“Well-recognised barrister particularly highlighted for his strength in boundary disputes. His other strengths include adverse possession, rights of way, easements and trespass. ‘He is very thorough, technically very good and has a very fine appreciation of the facts and the law.’ ‘ He is incredibly methodical and writes in a fashion judges pick up on quickly.’"

Chambers and Partners 2016 – Real Estate Litigation

Areas of Work

  • Commercial
  • Property and Chancery
  • Personal Injury
  • Clinical Negligence
  • Disease
  • Costs
  • Planning and Environmental
  • Public Sector and Not For Profit
  • Criminal Regulatory

Professional Memberships

  • Personal Injuries Bar Association

Recent Publications

Recent News

  • Chambers UK Bar 2017

    Jonathan Owen has been ranked in the Chambers UK Bar 2017 for Real Estate Litigation (Band 3).

    He is an experienced junior with broad experience in chancery and real estate matters. He has a significant record representing his clients in boundary disputes, possession claims and trespass issues.

    Strengths: 

    "He is exceptionally intelligent."

    Please click here for more information.

  • Legal 500 UK Bar 2016 Leading Junior

    Jonathan has been listed as a Tier 1 Leading Junior in the Legal 500 UK 2016 guide to outstanding juniors nationwide. He is recommended on the Midland Circuit for Commercial, Banking, Insolvency and Chancery Law.

    "He has a broad practice encompassing professional negligence, contract enforceability and breach of fiduciary duties."

    Please click here for more information.

  • Chambers UK Bar 2016

    Jonathan has been ranked in the Chambers UK Bar 2016 Guide for real estate litigation.

    He is a well-recognised barrister particularly highlighted for his strength in boundary disputes. His other strengths include adverse possession, rights of way, easements and trespass. 

    "He is very thorough, technically very good and has a very fine appreciation of the facts and the law."

    "He is incredibly methodical and writes in a fashion judges pick up on quickly." 

    Jonathan appeared before the Court of Appeal in Mr and Mrs Underwood v Mr Mayers and Ms Smith, a boundary dispute which raised issues of adverse possession and easements.  

    Please click here for more information.

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