Jonathan Davey KC

Domestic arbitration

Jonathan has extensive experience of arbitration, expert determination and other forms of ADR. He routinely advises and acts as an advocate in cases resolved by these means. He is happy to offer early neutral evaluations to assist parties in resolving their disputes.

Some representative cases include:

• Acting for high profile public body in expert determination in respect of a multimillion-pound option agreement.
• Acting in commercial dispute resolved by arbitration proceedings under the Arbitration Act 1996 concerning the construction of a complex contractual agreement in respect of a real estate portfolio comprising hundreds of commercial properties.
• Acting for well-known FTSE 100 company in multimillion-pound damages claim decided through expert determination following one party’s termination of a development agreement.
• Acting for vendor in multimillion-pound dispute resolved through mediation concerning breach of a contract for the sale of land in respect of a substantial central London residence.
• Acting for principal in multimillion dispute resolved through mediation in respect of breach of an agency contract.

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Professional liability

Jonathan has extensive experience of professional liability disputes, including claims for negligence, breach of contract, breach of fiduciary duty and breach of statutory and regulatory obligations.

Jonathan acts for claimants and defendants, and across a wide variety of different professions.

Jonathan’s “impressive breadth of expertise” (Chambers & Partners) over a range of fields of law including property, trusts, tax and commercial gives him a sound understanding, and practical experience, of the substantive issues underlying the claim of professional negligence or other breach of duty.

Some representative cases include:

• Accounting: Acting for defendant accountants in respect of multimillion-pound claim for breach of contractual and tortious duties owed to the commercial lender.
• Estates and probate: Acting for defendant solicitors in respect of a dispute concerning the administration of a deceased’s estate.
• Financial advice: Acting for a claimant investor in respect of claim against IFA in respect of property based investments.
• Investment management: Acting for claimant investor in respect of a multimillion-pound claim against offshore discretionary fund manager.
• Real Estate and planning: Acting for defendant architects in respect of dispute concerning planning issues in relation to substantial residential development.
• Tax: Acting for defendant tax advisers in respect of complex employee benefit tax planning structure.
• Trusts: Acting for defendant solicitors in respect of a high value dispute regarding drafting of trust documentation.

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Property

Jonathan is an experienced property practitioner. He is the current editor of Butterworths Property Law Handbook (with Benjamin Faulkner). Prior to taking Silk, Jonathan was shortlisted for the Chambers & Partners’ Property Junior of the Year award.

Jonathan is recommended as a leading property practitioner in Chambers & Partners where he is described as “very hands-on, user-friendly and accessible”, “an absolute pleasure to work with – bright, thorough, well prepared”, “impressive”, “phenomenally bright”, and “an accomplished advocate”.

He is recommend in The Legal 500 for his real estate work which is described as “thorough, well judged and impeccable”, and his general approach “enormously enthusiastic”.

Jonathan’s real estate practice extends across the full range of issues that arise in respect of both commercial and residential property, freehold and leasehold. His clients range from individuals to corporate entities to government departments. He acts in disputes resolved through litigation, arbitration and expert determination and also advises transactional lawyers. Jonathan has particular expertise in respect of high value property disputes involving complex financial aspects.

Some representative cases include:

• Meller and Sherwood v T&P Real Estate [2024] (ongoing): Joint venture dispute in respect of substantial commercial property development.
• Re Shopping Centre Head Lease [2023-2024] (ongoing): Multi-million pound dispute in respect of rent arrears under high value commercial lease raising issues in respect of application of provisions of Landlord and Tenant (Covenants) Act 1995.
• Elborne v HMRC [2023] UKFTT 626 (TC): Test case regarding complex residential property tax planning structure.
• Dispute re Charity Land [2022]: High-value multi-party dispute regarding ownership of and rights in respect of charity land.
• Dispute re Railway Noise Pollution [2021]: Case regarding whether excessive noise caused by train horns constitutes nuisance giving rise to liability on part of major train operator towards owners of properties adjoining railway.
• Dispute re London penthouse luxury apartment [2020]: High-value dispute regarding ownership and rights in respect of luxury residential accommodation overlooking Lord’s cricket ground.
• £150 million property arbitration [2019]: High-value dispute regarding ownership of various elements within major commercial property estate.
• Project Blue Limited v HM Revenue and Customs [2018] UKSC 30: Supreme Court case regarding £1 billion sale of Chelsea Barracks by the Ministry of Defence, raising a number of important issues including that of the relationship between English mortgage law and Islamic finance principles.
• Estate of Lady Hood v HMRC [2018] EWCA Civ 2405: High profile Court of Appeal test case concerning the meaning of “property” in the context of leases and estate planning in relation to the family home.
• Re real estate portfolio of leading UK University [2017]: Multi-million pound dispute concerning the basis upon which a major UK University holds its real estate portfolio.
• Dispute re £1 billion property portfolio [2016]: High-value arbitration regarding interpretation and effect of contractual framework in respect of management of major national commercial property portfolio.
• Nicholas v Secretary of State for Defence [2015] EWCA Civ 53: Human rights / property test case concerning compatibility of landlord and tenant legislation in respect of Crown tenancies with European Convention on Human Rights. Jonathan acted successfully for the landlord in the Court of Appeal. The tenant’s application for permission to appeal to the Supreme Court was refused.
• Phillips v Francis [2014] EWCA Civ 1395: Key landlord and tenant test case concerning the obligations of landlords to consult with tenants in respect of works of repair. Jonathan acted successfully for the Secretary of State for Communities and Local Government in the Court of Appeal.
• Camden Market Holdings Inc v IBRC [2014]: Dispute concerning rights under complex mortgage arrangements in respect of assets worth £400m. Jonathan acted for the liquidators of the mortgagees (with Antony Zacaroli KC).
• Century Projects Limited v Almacantar (Centre Point) Limited [2014] EWHC 394 (Ch): High-value commercial property dispute between landlord and tenant in respect of iconic central London property, Centre Point Tower on New Oxford Street. Jonathan acted for the tenants (with Jonathan Gaunt KC). Injunction application went to the Court of Appeal.
• Secretary of State for Transport v Blake [2013] EWHC 2495 (Ch): Human rights / property test case concerning compatibility of landlord and tenant legislation in respect of Crown tenancies with European Convention on Human Rights, and the proper construction of contractual notices. Jonathan acted successfully for the landlord.
• Secretary of State for Justice v Topland Group and others [2012]: £23m dispute involving alleged fraud in respect of a transaction involving substantial central London commercial premises. Jonathan acted for the Secretary of State for Justice (with Simon Browne Wilkinson KC and Philip Brook-Smith KC).

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Tax

Jonathan is highly experienced and respected in the area of tax litigation. Jonathan is currently shortlisted for Silk of the Year (Tax) in the Legal 500 Awards 2024.

Jonathan is ranked in the legal directories (Chambers UK, Chambers Global, Chambers HNW and/or The Legal 500) in the areas of tax (direct and indirect) and tax (private client).

Comments that have been made of him in recent directories include:

“Jonathan’s advocacy and leadership skills are exceptional. He is one of the best advocates.” (Private Client: Personal Tax – The Legal 500)

“A thoroughly modern silk who gives very straightforward and to-the-point advice. He’s someone who always provides answers rather than creates problems.” (Tax – Chambers UK)

“A very, very good and extremely eloquent advocate.” “Extremely good at explaining things in terms that a non-specialist can understand. He responds very quickly, which is welcome.” (Tax: Private Client – Chambers UK)

Some representative cases include:

• London Luton BPRA Property Fund LLP v HMRC [2023] EWCA Civ 362: Multimillion pound capital allowances test case regarding hotel development.
• Gala Film Partners LLP v HMRC [2023] UKFTT 699 (TC): Dispute concerning whether activities of film-related LLP amount to a trade.
• Elborne v HMRC [2023] UKFTT 626 (TC):  Inheritance tax test case regarding complex residential property tax planning structure.
• Watts v HMRC [2022] UKFTT 408 (TC): Dispute in respect of meaning of “transfer” in context of gilt strip legislation.
• Ingenious Film Partners 2 LLP and others v HMRC [2022] EWCA Civ 015: £1.6 billion dispute concerning taxation of creative industry business structure.
• Shelford (Herbert Life Settlement) v HMRC [2020] UKFTT 53 (TC): test case concerning inheritance tax home loan arrangements.
• Life Services Ltd v HMRC [2020] EWCA Civ 452: dispute concerning relationship between European law principle of fiscal neutrality and UK devolved legislative structure.
• Andrew v HMRC [2019] FTT 177 (TC): dispute in relation to complex gilt strip trust structure and applicable taxation.
• Estate of Lady Hood v HMRC [2018] EWCA Civ 240: leading Court of Appeal case on estate planning in relation to the family home and the gift with reservation IHT provisions.
• Seven Individuals v HMRC [2017] UKUT 132 (TCC); Acornwood LLP v HMRC [2016] UKUT 36 (TCC): £400 million dispute concerning taxation of Icebreaker film scheme.
• Charity Commission v Mounstar [2016] EWHC 876 (Ch): dispute in respect of charitable trust involved in £45m tax avoidance scheme.

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Trusts, probate and estates: contentious

Jonathan is highly experienced and respected across the fields of trusts, probate and estates.

Jonathan is ranked in the legal directories (Chambers UK, Chambers Global, Chambers HNW and/or The Legal 500) in the areas of trusts – private client and chancery – traditional.

Comments that have been made of him in recent directories include:

“A brilliant advocate, excellent with clients, diligent, a leader who will go the extra mile for a client and then some.” (Trusts: Private Client – The Legal 500 2020)

“He is responsive, thoughtful and open-minded. He listens to the client and is very collaborative in his approach.” (Chancery: Traditional – Chambers UK 2020)

Some representative cases include:

• Elborne v HMRC [2023] UKFTT 626 (TC):  Inheritance tax test case regarding complex residential property tax planning structure.
• Pride v HMRC [2023] UKFTT 316 (TC): Dispute in respect of home loan double trust tax planning arrangements.
• Shelford [2021] UKFTT 53 (TC): Dispute regarding whether value of freehold property fell within probate estate following purported sale of house.
• Gareth Clark v HM Revenue and Customs [2020] EWCA Civ 204: dispute concerning offshore trust structure used to liberate pension funds.
• Andrew v HMRC [2019] FTT 177 (TC): dispute in relation to complex gilt strip trust structure and applicable taxation.
• Estate of Lady Hood v HMRC [2018] EWCA Civ 2405: leading Court of Appeal case on estate planning in relation to the family home and the gift with reservation IHT provisions.
• Charity Commission v Mounstar [2016] EWHC 876 (Ch): dispute in respect of charitable trust involved in £45m tax avoidance scheme.
• Freedman v Freedman [2015] EWHC 1457 (Ch): dispute in respect of doctrine of equitable mistake in relation to a family trust.

Charity law

Jonathan advises in respect of and acts in relation to charity matters of all descriptions, including large scale charity-related litigation.

Some representative cases include:

• Jaffer v Jaffer and others [2023-2024] including [2024] EWHC 135 (Ch): High profile and high-value dispute involving allegations of financial and governance breaches in respect of international Islamic charity.
• Dispute re Charity Land [2022-2023]: High-value multi-party dispute regarding ownership of and rights in respect of charity land.
• Life Services Ltd v HMRC [2020] EWCA Civ 452: Dispute concerning relationship between European law principle of fiscal neutrality and UK devolved legislative structure in context of charitable education structures.
• Re School Sites Act school charities [2018-2020]: Advising in relation to scope and terms of charitable gifts.
• Charity Commission v Mounstar [2016] EWHC 876 (Ch): Dispute in respect of charitable trust involved in £45m tax avoidance scheme.

Download Trusts, probate and estates: contentious CV