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Jonathan
Davies-Jones
Call
1994; MA (Cantab)
E-mail: jdj@3vb.com |
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Jonathan
Davies-Jones specialises in commercial litigation and advisory
work including banking and finance, professional negligence,
civil fraud and insurance and reinsurance.
He
has been consistently ranked by the Legal Directories as a "Leading
Junior" in these practice areas for many years.
Jonathan
has spent much of the recent past working on a number of major
cases in addition to his general practice, notably JP Morgan
Chase v Springwell (2004-2007), the Film Finance
litigation (2001-2007) and the Oracle Fund litigation
(2002-2004).
Core
Practice Areas
General
Commercial
Jonathan has been ranked as a Leading Junior for general commercial
work by Chambers & Partners since 2002. They describe
him as "superb. He does not leave a stone unturned
and has a brilliant memory for facts, law and procedure"
(2008);
he is "technically able and good on his feet
and
even though he is extremely busy he will always have time
to talk you through a difficult point" (2006).
He is currently ranked by Chambers & Partners amongst
the top 16 Leading Juniors at the commercial bar.
Over
the years his caseload has comprised a wide range of commercial
disputes. In addition to his core practice areas, he has wide
experience of general contractual disputes, interlocutory
proceedings and interim remedies. Examples of his cases are
listed below.
Banking and Finance
Before
coming to the Bar, Jonathan was an investment banker specializing
in mergers and acquisitions. For nearly a decade, he has been
ranked as a Leading Junior in this area by both The Legal
500 (1999 to date) and Chambers & Partners (1998 to date).
Chambers
& Partners describe him as "accessible, works
incredibly hard and is an original thinker" (2008),
"a pleasure to deal with" (2007) and
"pragmatic
a man always thinking of solutions
rather than finding problems
prepared to muck in as part
of the team" (2006). The Legal 500 describes
him as "very popular" and ranks him
amongst the top 12 Leading Juniors in this field. Examples
of his cases are listed below.
Civil
Fraud
Jonathan has been regularly instructed in large-scale commercial
fraud litigation. He has been ranked as a Leading Junior in
this field by The Legal 500 since 2002 and by Chambers &
Partners since 2007. Chambers & Partners describes him
as "outstanding
an original thinker
bringing
a no-nonsense approach to the table" and as "extremely
bright and clear thinking
his approachable and easy going
nature proves a positive lure for clients" (2007-2008).
The Legal 500 also describes him as "extremely
bright and clear thinking" and as "very
thorough" (2006-2007).
Jonathan's
practice has included bringing and defending a wide range
of claims for breach of fiduciary duty and accessory liability,
claims in the economic torts (particularly conspiracy and
unlawful interference) and claims in deceit. It has also included
the usual range of protective and interim remedies. Examples
of his cases are listed below.
Professional
Negligence
Jonathan
has been ranked as a Leading Junior in this field by Chambers
& Partners since 2005. They describe him as "extremely
bright", "a high quality practitioner
with an impressive intellect and dedicated approach"
and "singled out for his attention to detail and
impressive knowledge of the field" (2006-2008).
Jonathan's practice has included bringing and defending claims
against solicitors, auditors, insurance brokers and financial
and investment advisors. Examples of his cases are listed
below.
Insurance
and Reinsurance
In
1994 Jonathan spent 6 months as a Judicial Assistant to the
Commercial Court during part of the Lloyd's Litigation. Since
then he has regularly been instructed in insurance and reinsurance
disputes. Whilst he has specialized in acting for brokers
(including JLT and Aon), he has a wide range of insurance
experience. For five years he was a contributor to the insurance
precedents in Bullen & Leake.
Notable
and recent Cases
- JP
Morgan Chase v Springwell (2004-2007): Jonathan spent
much of the last three years working on this major banking
case led by Michael Brindle QC; the trial ran for 6 months
in the Commercial Court and finished at the end of 2007;
judgment is awaited; the claim (for $700m) arose out of
investment advice on the sale of emerging market debt instruments
to a private investment company; the case raises a number
of important legal issues in the context of investment advice
claims; note also the following interlocutory decisions:
o
[2006] PNLR 28: Court of Appeal on similar fact evidence;
o
[2006] EWCA Civ 161: Court of Appeal on measure of damages;
o
[2007] 1 AllER (Comm) 549: Aikens J on the principles governing,
and the use of, expert evidence in substantial commercial
litigation.
- Leaders
v Royal Bank of Scotland (2004-2008): acted for the defendant
bank in this claim raising interesting issues as to the
extent of a bank's duties when taking in deposits;
-
HIH Casualty & General Insurance v JLT: [2007]
2 Lloyds Rep 278, [2007] LRIR 717 and [2007] 2 AllER (Comm)
1106 (decision of the Court of Appeal) and [2006] LRIR 493
(decision of Langley J): acted for the defendant insurance
brokers, led by Tom Weitzman QC, successfully defending
claims for fraud and professional negligence in excess of
$50m;
- TeliaSonera
v Hillcourt (2005): acted for the claimant, TeliaSonera
the Swedish Telecoms multi-national, led by Tony Temple
QC, in this multi-million pound claim for conspiracy to
defraud and to rescind a commercial lease;
- Fraudulent
Trading
(2004-2006): defended a former director in proceedings for
fraudulent trading arising out of the insolvency of a West
Country yacht building company; the matter was successfully
compromised in 2006;
- Bank
Sepah v Kelvin Trust (2003-2006): acted for the claimant
bank in this series of a cross-jurisdictional claims arising
out of a substantial Letter of Credit fraud; judgment for
$17.5m;
-
Ken Bates v Cheslea Football Club (2004-2005): acted
for the defendant Chelsea FC in this high-profile, contractual
dispute with its former Chairman;
- AEP
Energy Services v Hidrcantabrico Generacion SA (2004):
acted for the defendant in this arbitration of a $20m claim
arising out of an international coal trading agreement;
- Anglo-American
Intl SA v Danisco SA (2004): acted for the claimant
in this £8m claim for breach of warranties in a sale
and purchase agreement;
- SSL
v C
(2002-2004): acted for the claimant company in this substantial
£m claim for conspiracy to defraud and breaches of
fiduciary duty;
- Communisis
v Jaycare (2002-2003): acted for the claimant company,
led by Geraldine Andrews QC, in this £2m claim for
breach of warranties in a sale and purchase agreement;
- Jahan
v Habib Bank (2002): acted for the defendant bank, led
by Bill Blair QC, in this forex trading dispute;
- Oracle
Fund litigation (2001-2004): acted for various UBS subsidiaries,
led by Robert Hildyard QC and Stephen Phillips QC, in this
Bahamian litigation arising out of the collapse of a Bahamian
mutual fund. The substantial £m claims were for negligent
misstatement and fraud in Offering Memoranda;
- Law
Debenture Trust v Lexington & Others [2003] AllER
(D) 165: decision of Colman J on the extent to which non-parties
should have access to pleadings and written Opening Submissions
referred to in open Court;
- Law
Debenture Trust v Lexington & Others
(2001-2003): acted for the defendant insurance brokers,
JLT, led by Geoffrey Vos QC in respect of three fraud and
professional negligence claims known as Hollywood 4, 5 and
6 (for a total of c. $180m) arising out of the placing of
film finance insurance; the actions also raised issues relating
to banking securitizations and the duties of solicitors
giving transaction opinions;
- HIH
Casualty v The Matrix New Professionals Partnerships
(2002): acted for the insurance brokers, JLT, led by Geoffrey
Vos QC in defending this claim arising out of the placing
of TV finance insurance;
- Quyoumi
v Southall (2001): acted for the defendant solicitors
in a claim against them for having paid away money without
authority;
- Versailles
Trade Finance v C (TLR 1 November 2001): acted for the
defendant director facing an £11m claim in this Court
of Appeal decision on the extent to which a defendant can
rely upon the privilege against self-incrimination;
- Tamarind
v Eastern Electricity [2000] EuLR 708; acted for Eastern
Electricity, led by Nicholas Stadlen QC, in defending this
substantial £m claim under the Commercial Agents Regulations;
- Portman
Building Society v Dusangh [2000] Lloyds Banking Rep
197: acted for the building society, led by Ali Malek QC
successfully resisting an appeal; the case raised important
issues on the doctrine of unconscionable bargain;
- Yorkshire
Bank v Halls [1999] 1 WLR 1713, [1999] 1 AllER 879,
78 P&CR 136: acted for the bank, led by Ali Malek QC,
successfully resisting an appeal; the case raised important
issues as to the nature of the duties of a chargee of shares;
- News
International v Bourgignon (1996-1999):
acted for News International in this successful $3m claim
for conspiracy to evade a Mareva injunction; note also the
interlocutory Court of Appeal decision on service abroad
and the status of amendments to pleadings (5.3.98);
- News
International v Clinger (1996-1998): acted for News
International, led by Tony Temple QC, in this successful
$50m claim for conspiracy and secret profits arising out
of smartcard technology;
- GRE
v Coopers & Lybrand (1996-1997): acted for GRE,
led by John Jarvis QC and Ali Malek QC, in this substantial
professional negligence action.
- Bell
Group Finance v Bell Group
[1996] BCC 505, [1996] 1 BCLC 304: acted for Bell Group
Finance, led by Michael Crystal QC.
Academic
and Professional Awards
Scholar,
St John's College, Cambridge
Queen
Mother's Scholar, Middle Temple
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