Jonathan McNae

2001

Selborne Chambers
10 Essex Street
London WC2R 3AA
Email Jonathan McNae
020 7420 9500

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Legal 500 2019

Jonathan specialises in residential and commercial property, contractual and commercial disputes, as well as related professional negligence, company and insolvency work. Since 2007, Jonathan has achieved recognition each year as a leading junior in the Legal 500, where the quality of his advisory work and his bedside manner have received special mention.

He appears frequently in the High Court and County Courts, as well as in the LVT. His client base ranges from large corporate landowners to private individuals and small businesses. Jonathan has recently concluded a lengthy secondment to a major bank, during which he assessed consequential loss claims within the FCA-led review into the mis-selling of Interest Rate Hedging Products.

Jonathan was a winner on behalf of Gray’s Inn of the Inter-Inn Mooting Shield 2001, and now judges moots and is an Advocacy Trainer for Gray’s Inn.

 

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Notable cases

Jonathan has recently been engaged in:

A 6 day Commercial Court trial relating to a super-prime property in Belgravia (settled on day 4).

An appeal to the Court of Appeal relating to the test to be applied by a High Court Judge in determining whether a proposed claim by a litigant under a Civil Restraint Order should be allowed to be brought;

Advisory work relating to commission payments due under a consultancy agreement in the energy sector;

A High Court (QBD) trial in a claim relating to a compromise agreement, and the subsequent appeal to the Court of Appeal;

A five day multi track trial in the Central London County Court (Chancery List) relating to disputes arising out of the termination of a joint venture agreement;

A three day trial in the Mercantile Court for unpaid utility charges, met with a counterclaim for damage to goods following an alleged unlawful termination of supply;

A High Court (QBD) trial relating to the breach of a solicitor’s undertaking;

A High Court (Chancery) trial relating to the ownership and transfer of shares in a Company;

A three day Mercantile Court claim by a liquidator against a de facto directors or shadow director of a company brought under s.212 of the Insolvency Act 1986;

The trial of an injunction brought on the basis of nuisance between neighbours in a shared building for excessive noise transfer caused by exercising in a home gym.

Jonathan’s reported cases include:

Gore v Naheed [2017] EWCA Civ 369
Consideration of the “rule in Harris v Flower”  – effect on a right of way to access part of claimant’s property which had been acquired by adverse possession. Also concerns the effect of a refusal to mediate on the assessment of costs.

Patience v Tanner [2016] EWCA Civ 158; [2016] 2 Costs LR 311 [2016] All ER (D) 203 (Mar).
Factors to be considered on an apportionment of litigation costs

Wattret v Thomas Sands Consulting Ltd [2015] EWHC 3455 (TCC); [2016] B.L.R. 104; [2016] T.C.L.R. 2; 163 Con. L.R. 223; [2016] P.N.L.R. 15
Professional Negligence against surveyors – need for expert evidence

Ludsin Overseas Ltd v Maggs [2014] EWHC 3566 (Ch); [2015] B.P.I.R. 59
Setting aside statutory demands – valuation of assets and security under Insolvency Rule 6.5(4)(c).

Kynaston v Carroll [2011] EWCA Civ 1669
Abandonment of appeals; Costs; Permission to appeal.

Carroll v Kynaston [2010] EWCA Civ 1404; [2011] QB 959; [2011] 2 WLR 1346; [2010] WLR (D) 325; [2010] All ER (D) 146 (Dec); LTL 13.12.10
The recoverability of costs incurred between parties in subsequent proceedings between the same parties.

Beckenham M.C. Limited v Centralex Limited & ors (Hart J) [2004] EWHC 1287 (Ch); [2004] 2 B.C.L.C. 764; [2004] B.P.I.R. 1112, [2004] All ER (D) 65 412
s. 423 Insolvency Act 1986 – transfers at an undervalue, defrauding creditors.

Okolo v Mortgages 4 Ltd & ors (Lawrence Collins J) [2004] EWHC 3019 (Ch)
Strike out applications, mortgage defences.

Okolo v Mortgages 4 Ltd & ors (Neuberger J) [2003] EWHC 3205 (Ch) [2004] All ER (D) 412
Strike out applications, treatment of litigants in person.

Al-Abbas v Al-Dabbagh (CA) [2002] EWCA Civ 1962; [2002] All ER (D) 323
Charging orders and solicitors’ liens.

Memberships

• Chancery Bar Association
• London Common Law and Commercial Bar Association
• Property Bar Association
• Honourable Society of Gray’s Inn

Education

  • MA (Cantab)