Jonathan Upton – Tanfield Chambers

Jonathan Upton specialises in property disputes.

He has been recognised as a Leading Junior for Real Estate and Property Litigation in the legal directories for several years. Chambers UK 2021 notes that Jonathan “regularly handles matters concerning high-value properties and is an expert in such areas as tenants’ rights of first refusal, right to manage and enfranchisement. Commentators note that he really comes into his own in cases concerning service charges”.

Jonathan “combines a sharp mind, deep knowledge, experience and seasoned advocacy with consummate client-handling skills”; he is “very cerebral, persuasive towards judges, prompt and easy to deal with”; and “a good all-round property barrister with both residential and commercial expertise”.

In previous editions he has been described as “very switched-on and technically very bright” and “very attuned to the client’s interests and goals”; “recommended for advising on landlord’s rights” and “a first-choice junior for service charge disputes”.

Jonathan is particularly experienced on matters relating to mixed-use developments. He regularly advises land owners, developers, institutional lenders and indemnity providers on matters such as easements; restrictive covenants; tenants’ rights of first refusal; development agreements; overage; commercial lease interpretation; collective enfranchisement; variation of leases and service charges.

Jonathan’s practice also encompasses co-ownership disputes and applications for orders for sale/TOLATA claims. He successfully argued for a resulting trust analysis in Chaudhary v Chaudhary [2013] EWCA Civ 758; [2013] 2 F.L.R. 1526; [2013] Fam. Law 1257 and has been involved in a number of cases involving the bona fides of a declaration of trust: Tigris Industries Inc v Ghassemian [2016] EWCA Civ 269; Saranovic v Saranovic The Times, March 21, 2017; and Premium Jet AG v Sutton [2017] EWHC 186 (QB). He successfully appeared in the Upper Tribunal (Fancourt J) concerning the First-tier Tribunal’s jurisdiction to determine an application by joint trustees in bankruptcy to register a restriction against a property held in joint names (Wolloff and Dante (as Joint Trustees in Bankruptcy of Alexander James Dhillon) v Patel [2019] UKUT 333 (LC)).

He has appeared at all levels of tribunals and courts from the First-tier Tribunal (Property Chamber) to the Court of Appeal (three times without a leader) and the Supreme Court. He also has experience of representing parties in arbitration and mediation. He is currently instructed on two cases listed to be heard by the Court of Appeal in 2021.

Jonathan has been identified as one of the most influential people in the residential leasehold property sector in News on the Block’s feature the Hot 100. The list is a mix of leasehold campaigners, Parliamentarians, trade and professional bodies, managing agents, building owners, investors, developers, valuers, and lawyers.

Jonathan accepts instructions directly from members of the public under the Public Access scheme./