Jonathan Chew

Pensions

Jonathan has acted for and advised a range of institutional and pensions professional clients, and has been described in the directories as “a first-class advocate in terms of strategy and technical points”.

His current and recent work reflects relevant pensions issues: for occupational schemes: e.g. RPI/CPI switches and other issues relating to pension increases, rectification, scope of amendment power issues, and regulatory action; and for personal schemes/SIPPs: questions of interpretation, misselling, pensions liberation, and investment duties. He was also instructed in relation to the Master Trust approval process.

As well as Jonathan’s forensic High Court trial experience, he is experienced in the procedural aspects of multi-party OPS pensions litigation, such as Beddoe applications, applications for directions under CPR 64, and representation orders.

Jonathan’s work spans the full range of pensions issues covering both the trusts aspects and legislative/regulatory claims, such as CNs/FSDs, section 75 debts and pensions liberation. He has been involved in disputes affecting major schemes such as Nortel and the Sea Containers 1983 schemes. In addition to litigation, Jonathan also advises on transactional and regulatory matters.

As well as acting for and against the Pensions Regulator, Jonathan has acted as clerk to the Pensions Regulator’s Determination Panel on various regulatory matters.

Jonathan’s ongoing and recent work includes:

• Acting on EBT issues in ongoing commercial Court proceedings (with Michael Furness KC).
• Scheme interpretation issues arising from the raising of the NMPA from 55 to 57.
• Acting for both potential claimants and potential defendants in pensions professional negligence matters arising out of alleged failings in the making of amendments to plans.
• Britvic PLC v Britvic Pension Trustee [2020] EWHC 118 (Ch) and [2022] Pens LR 16 (CA): acting for the Trustee on a construction summons in relation to employer powers in relation to pension increases in both the High Court and Court of Appeal.
• Re Mitchells & Butlers Pension Plan [2022] Pens LR 6: Acting for the successful trustee on a dispute relating to the ability of an employer to set pension increase levels, leading to disputes over rectification, RPI/CPI, and the validity of amendments, led by Michael Tennet KC and Edward Sawyer.
• Advising on liabilities in relation to part of the Local Government Pension Scheme.
• Acting as clerk to the DP on various disputes: e.g. a contested dispute to appoint an independent trustee to a substantial scheme and on a recent regulatory request arising out of alleged pensions liberation and misselling.

Other historical contentious work has included:

• Re London Quantum Retirement Benefit Scheme (Determinations Panel, 8 Feb 2016): Acting as sole counsel (against Jonathan Evans QC and Fenner Moeran KC), for the Original Trustee who had been removed by the Regulator facing allegations of misconduct, breach of trust, and pensions liberation.
• Pollock v Reed [2016] Pens LR 129: Led by Robert Ham KC in a High Court trial acting for the employer in a proposed scheme restructuring, raising issues of the interpretation of the Preservation of Benefit Regs, the role of the PPF, and non- consensual member transfers.
• Instructed in relation to the Nortel Scheme FSD litigation.
• Acting with Michael Furness KC for the trustee on a claim to recover a £5m section 75 debt from a former participating employer. The claim, raising issues of trustee decision-making and consultation, settled shortly before trial in 2015.
• Advising in relation to various alleged overpayments to members.

Other examples of Jonathan’s historic advisory work include:

• Advising a successor scheme employer on its liabilities and duties under an existing scheme in the context of a substantial deficit.
• Advising a major product provider on the various rights and duties arising from its obligations under the schemes it offers, including FSMA issues.
• Advising a major insurer on how to structure its internal procedures to avoid potential unwitting participation in pension liberation.
• Advising an employer on a proposed restructuring and covenant issues arising.
• Advising an American scheme employer on scheme amendments and statutory and regulatory best practice in relation to member-nominated trustees.

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Commercial disputes

Jonathan has a specialised commercial chancery practice with a particular emphasis on fraud and disputes relating to complex structures, particularly with an international element. The directories say “his advocacy skills are excellent and he is a real team player“.

He has practical experience of advising and obtaining or resisiting interim and ancillary relief (freezing injunctions, Norwich Pharmacal and Bankers’ Trust orders, third party costs orders, security for costs) and of succeeding in hard-fought multi-week trials as part of a wider counsel team.

Current ongoing and recent matters include:

• Acting successfully as sole counsel in the High Court trial against a silk of a claim as to ownership of a Damien Hirst painting, raising complex questions of the use of offshore property-holding vehicles: Hilden Developments v Phillipps Auctioneers & another [2022] EWHC 541 (QB).
• Acting (led by Michael Furness KC) for the Defendant purchaser company on a Commercial Court dispute for specific performance for obligations on a purchaser contained in a SPA.
• Successfully acting in Hilden on the obtaining of a third-party costs order against the director of the counterparty property-holding entity: Hilden Developments v Phillips [2023] EWHC 1506 (KB), [2023] Costs LR 1447.

Other reported cases include:

• Acting as sole counsel as part of a team in a multimillion-dollar DIFC-LCIA arbitration defending a claim in relation to alleged breaches of a JV agreement.
• Canary Wharf v EMA [2019] EWHC 335 (Ch): led by Joanne Wicks KC acting for the landlord in relation to the much-awaited “Brexit” case, in successfully defeating a claim that Brexit will frustrate a lease.
• Acting for the victims of a major property investment fraud relating to development land in central London, including a successful finding of fraud on a summary judgment basis: Aurora Developments v Delta Holdings [2018] EWHC 1047 (Ch).
• Tavira Securities v Point Ventures FCZO [2017] CFI 26: acting as sole counsel against a silk in a jurisdiction challenge in the DIFC in litigation relating to an alleged share transaction.
• Matchmove v Dowding [2017] 1 WLR 749: led by Jonathan Seitler KC, acting on an appeal relating to constructive trusts.
• MASNOL v Cripps Harries Hall [2016] EWHC 2483 (Ch): led by Jonathan Seitler KC, successfully defending two solicitors accused of fraud. After a hard-fought multi-week trial, the individuals involved were wholly exonerated and indemnity costs obtained.
• Caliendo v Mishcon de Reya [2016] EWHC 150 (Ch): led by Ian Croxford KC and Clare Stanley KC, successfully defending a firm of solicitors accused of breach of fiduciary duty and negligence arising out of the sale of QPR football club.
• Dany Lions v Bristol Cars [2014] 2 All ER (Comm) 403: a successful High Court trial as sole counsel arguing that a contractual clause was too vague to be binding, alternatively that reasonable endeavours had been used.

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Joint venture and partnership disputes

Jonathan is regularly engaged in major litigation in relation to joint ventures (through corporate, LLP, or other structures) and partnership disputes. He specialises in this intersection of contracts with other duties, including issues such as:

• Breach of fiduciary duties: profit/conflict;
• Constructive trust and other proprietary remedies, knowing receipt claims;
• Obligations of confidence;
• LLP and company directors’ duties;
• Partnership disputes and associated accounts;
• Interim remedies;
• Unfair prejudice petitions.

He is listed for this Commercial Chancery in Chambers & Partners, described as “Able, practical, clever and resourceful, he’s good with clients, hard working, and accessible” and “He’s really personable and has a very effective courtroom manner that judges warm to quickly.”

Examples of Jonathan’s work include:

• An ongoing High Court claim for accounts and declarations involving a complex development joint venture operating across multiple sites, with different LLP and corporate structures involving multimillion-pound assets.
• Acting (with Max Mallin KC) for an LLP member and associated shareholder in relation to an investment fund founder dispute.
• Acting as a defendant in ongoing High Court proceedings for the recipient of assets alleged to be transferred subject to constructive trust and related knowing receipt and dishonest assistance claims.
• Acting for the Defendant in a Bahamas claim for misuse of confidential information and deceit in respect of a proposed multimillion-pound development.
• Claims for misuse of confidential information and circumventing a proposed transaction partner.
• Acting for a partner on a heavily-contested dissolution of a long running and relatively informal partnership between family members.
• Advising an alleged agent accused of making secret commission over a substantial number of years.
• Matchmove v Dowding [2017] 1 WLR 749: led by Jonathan Seitler KC, acting on an appeal relating to constructive trusts.

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Civil fraud and asset recovery

Jonathan’s commercial chancery practice involves a large element of asset recovery and civil fraud claims. He is ranked in Commercial Chancery in Chambers & Partners, described as “Able, practical, clever and resourceful, he’s good with clients, hard working, and accessible” and “He’s really personable and has a very effective courtroom manner that judges warm to quickly.”

Jonathan has experience both of substantial fraud trials and the various interim applications necessary to preserve the position in fraud claims and exert pressure, including but not limited to freezing injunctions, Norwich Pharmacal orders, pre-action disclosure, and security for costs applications. He combines this practical courtroom experience with technical legal expertise not only in relation to deceit claims, but also the economic torts (e.g. conspiracy, procuring breach of contract) or proprietary and equitable claims for breach of fiduciary duty, constructive trusts, and liability for knowing receipt or dishonest assistance.

Examples of his fraud and asset recovery work include:

• Acting as a defendant in ongoing High Court proceedings for the recipient of assets alleged to be transferred subject to constructive trust and related knowing receipt and dishonest assistance claims.
• Acting for the Defendant in a Bahamas claim for misuse of confidential information and deceit in respect of a proposed multimillion-pound development.
• Acting for the victim of a hack into a bank account on claims at common law and under the Payment Services Regulation.
• Advising an alleged agent accused of making secret commission over a substantial number of years.
• Claims for misuse of confidential information and circumventing a proposed transaction partner.
• Acting for the victims of a major property investment fraud relating to development land in central London, including a successful finding of fraud on a summary judgment basis: Aurora Developments v Delta Holdings [2018] EWHC 1047 (Ch).
•  MASNOL v Cripps Harries Hall [2016] EWHC 2483 (Ch): led by Jonathan Seitler KC, successfully defending two solicitors accused of fraud. After a hard-fought multi-week trial, the individuals involved were wholly exonerated and indemnity costs obtained.

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Professional liability

Jonathan’s professional negligence practice is ancillary to his core area. He has particular experience with solicitors’ negligence claims (both transactional and litigation), as well as acting on claims involving surveyors, accountants, trustees and trust/scheme administrators.

Examples of Jonathan’s recent professional liability work include:

• Acting for a developer client in a claim against solicitors in respect of advice given in respect of a complex land-structuring and development transaction, and associated litigation.
• Acting for a claimant in a claim against solicitors arising out of negligent work in relation to pension scheme deed preparation.
• Acting for defendant solicitors in an alleged claim arising out of alleged defective execution of deeds
• Acting for a claimant in a potential claim against a rights to light surveyor
• Defending property transactional solicitors accused of negligence by the counterparty to the transaction.

Historic work has included:

• Quidnet Capital Partners v Colsilverbird & ors (2019-2020): Jonathan acts for property owners in a multimillion-pound dispute with its former asset managers, where substantial allegations of negligence are made against the asset managers.
• Acting on expert determination for a property owner in respect of allegations made against an asset manager.
• MASNOL v Cripps Harries Hall [2016] EWHC 2483 (Ch): led by Jonathan Seitler KC, Jonathan successfully defended two lawyers accused of an £11 million conveyancing fraud arising out of buy-to-let lending in 2007. The individuals involved were fully exonerated of the dishonesty accusations against them.
• Caliendo v Mishcon de Reya [2016] EWHC 150 (Ch): One of the Lawyer’s “Top 20 Cases of 2015.” Jonathan, led by Ian Croxford KC and Clare Stanley KC, successfully acted for the defendant firm in defeating a professional negligence claim brought arising out of the sale of QPR football club to Flavio Briatore and Bernie Ecclestone in 2007.
• Advising on potential claims against scheme administrators for failed equalisation.
• Acting with Joanna Smith QC on a FRC investigation into a major audit firm and certain employees of an AIM-listed company arising out of the business’ collapse and restructuring.
• Twintec v Volkerfitzpatrick [2014] BLR 150: A construction professional negligence claim which was one of The Lawyer’s “Top 20 Cases of 2014” where a tenant was claiming over £100m against its landlord, with contribution claims against contractors and subcontractors.

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