Jonathan has acted for and sometimes against

• many of the major carriers e.g. Air Canada, American Airlines, Britannia, British Airways, British World Airlines, Emirates, European Aviation Air Charter, GB Airways, Gulf Air, Pakistan International, easyJet and Ryanair;
• major UK airports e.g. BAA (Heathrow and Gatwick), Bristol International and Newcastle International;
• other aviation and travel organisations e.g. the  British Microlight Aircraft Association (BMAA), the CAA and  the Air Travel Trust; and
• a number of major tour operators and cruise lines e.g. Thomas Cook, Lavers Holidays and Fred Olsen.

Jonathan is experienced in General Aviation and has acted in both inquests and civil proceedings in GA matters.

He is familiar with the law related to drones and unmanned aviation vehicles (UAVs) and has assisted in the writing of UAV operators manuals for several large drone operators and surveying organisations.

He has drafted Terms and Conditions of Carriage  for several international travel groups including Thomas Cook and Laver Holidays group.

Illustrative cases include:

• 2018) - Drafting drone manual for Caterpillar plc.
• Collins v Lawrence [2016] Lloyd’s Rep Plus 81 & [2017] 1 Lloyd's Rep 13 – Athens Convention case involving first judicial examination of the meaning of “disembarkation” and the temporal width of the application of the Convention ([2017] EWCA Civ 2268)
• 2015-2016) - Advising local authorities in UK on issue of stowaways and bodies falling from aircraft landing in UK.
• Agusta Westland AW139 (G-LBAL) Lord Ballyedmond: Inquest and civil proceedings - Flight into terrain after takeoff in fog and at night, near Gillingham Hall, Norfolk, 13 March 2014
• Buckley v Monarch Airlines [2013] 2 Lloyd's 235; [2013] 1 Lloyd's Rep Plus 44: defining an “accident“ under the Montreal Convention 1999 in relation to an alleged drinks spillage. Defence successful.
• AGUSTA 109A (N2NR) (Northern Ireland: Senior Coroner John Leckey): Fatal accident in the Mourne Mountains on 23rd October 2010 (4 fatalities) . Inquest and civil proceedings - acted for the deceased pilot and co-owner of helicopter in relation to crash which resulted in 4 deaths and in resultant civil proceedings. Civil claim settled.
• Rosen v easyJet Airline Company Ltd (2012) 839 LMLN 1: Interpretation of EU Regulation 261/2004 in relation to denied boarding and cancelled flights in relation to ash cloud disruption. Defence successful.
• Cowden & Mitchell v British Airways plc [2009] 2 Lloyd's Rep 653; [2009] Lloyd's Law Reporter 17th August 2009): Successful appeal on the interpretation of Art.19 of the Montreal Convention 1999 and common law on the issue of recoverability of damages for loss of enjoyment.
• Barclay v British Airways plc [2008] 1 Lloyd's Rep 661; [2008] 1 Lloyd's Rep Plus 36; [2008] EW Misc 1 (EWCC) (Affirmed by Court of Appeal (2009) 1 All ER 871): The Times 4th March 2009)(Petition for leave to appeal to House of Lords refused): Meaning of "accident" under Article 17 of the Montreal Convention 1999. Defence successful.
• Iskra Television Limited v Stansted Airport Ltd (2006). Case involving the interpretation of s.19 of the Aviation Security Act 1982, and the new security measures in place at UK airports after the series of security incidents in 2007. Defence successful.

Jonathan has acted in a number of banking disputes and asset finance disputes involving in particular retention of title clauses and liens in a variety of jurisdictions. Recent cases include:
◦Ricova Ltd v Tarnjit Singh Sangha (2017-2018) (Queen's Bench Division, Commercial Court) – commercial agency and fraud dispute and freezing injunction obtained in England and Wales on worldwide basis.

• JF-K Ltd v Volvo Truck Corporation and Multi-Tech (GH) Ltd (2017-2018) (ongoing) (Queen's Bench Division, Commercial Court) – asset finance dispute in Ghana, West Africa and  enforcement of Ghanaian Judgment in England and Wales
• Irish Bank Resolution Corporation Ltd v Michael Maye & Mry Ltd (2015) – asset finance dispute involving recovery of 2 helicopters sold in Republic of Ireland by National Assets Management Agency (NAMA).
• Friends First Managed Pensions Fund Ltd v John McCann (2009–2013) - (Queen's Bench Division - High Court of Northern Ireland: Case No. 09/100849 Weatherup J./Burgess J. Final Judgment 31/1/2013). Issues of loan and compliance with Financial Services and Markets Act 2000 and equivalent Eire provisions. Successfully represented the Irish lender and obtained judgment for £18 million.
• Peter Stiles & Ors v Permanent Trustee Australia Ltd & Permanent Trustee Company Ltd (Supreme Court of Victoria. Commercial & Equity Division, Mandie J.) 01.04.2005 [2005] VSC 86. Breach of trust/fiduciary duty and procedural issues regarding multi-party actions and joinder/substitution of parties.
• JG Trustees Limited v HSBC Trustee (CI) Limited and HSBC Investments International Ltd (2006-2007)(Royal Court, Jersey Bailhache J.) - issues in relation to management of a large investment fund.

• Dry Shipping

  Jonathan’s practice encompasses all of the main forms of international and domestic carriage contracts, international and domestic sales contracts and financing arrangements. He has particular experience in hydrocarbon carriage and sale contracts in the UK, Europe, West Africa and the Middle East. Recent cases include:

  • “MV SANTA FE” (2018) - shipment of iron ore concentrates and various tests carried out on the cargo and examination of the IMBSC International Maritime Solid Bulk Cargo (IMSBC) Code
  • “MV SUPER EMMA” (2018) - Trithorn Bulk AS v JSC Belrusian Potash Company (2017-2018) – collision causing cargo dispute involving arrest in Russia and priorities.
  • Transmet DMCC  v Izmir Demir Selik Sanayi A.S (2018) – dispute involving Swiss freezing injunction and enforceability in the UK.
  • “MV ANTARCTIC CHIEFTAIN” - Dual Australia Pty Limited v Qbe Insurance (Europe) Ltd (Trading As British Marine) (2017-2018) – double insurance in respect of crew liabilities and raising aspects of English and Australian insurance law.
  • “LIA M” - Global Leader Shipping Limited v Glencore Agriculture BV (2018) – case examining The Boukadora [1989] 1 Lloyd’s Law Reports 393 and bindingness of survey certificates.
  • Collins v Lawrence [2016] Lloyd’s Rep Plus 81  & [2017] 1 Lloyd's Rep 13 – Athens Convention case involving first judicial examination of the meaning of “disembarkation” and the temporal width of the application of the Convention. (Permission by the Claimant to appeal against the time-bar defence under the Athens Convention refused by Hamblen LJ on 23/11/2017) ([2017] EWCA Civ 2268).
  • Air Canada v Coastal Containers Line Ltd and anor (2011-2013) (Queen's Bench Division - High Court of Northern Ireland - Weatherup J). Damage to aircraft seats in container while being transported from UK to USA.
  • Hamburg Sud v AMP Packaging Ltd ta AMP Rose (2010-2011). Dispute over container and port charges involving export of chocolate machinery from UK to Tunisia.
  • Cleartech Limited (t/a North West Woodland Industries) v T Alun Jones Ltd (2008). Incorporation and reasonableness of the FTA 2002 Conditions and examination of RHA 1998 and BIFA 2005 terms. Reasonableness under the Unfair Contract Terms Act 1977 established.
  • Jarl Tra Ab & ors v Convoys Ltd [2003] 2 Lloyd's Rep. 459 - Queen's Bench Division (Commercial Court) - Moore-Bick J - Judgment 25.06.03. Doctrine of privity, liens, common law and contractual liens, general and specific liens, Himalaya clauses, waiver and examination of The Pioneer Container.
  • (2009-2016) Live animal exports and imports - Advising several local authorities and port operators on legality of ban/controls on live animal exports and imports.

  Wet Shipping

  Jonathan is instructed in many and varied Admiralty matters on behalf of both cargo, shipowner and salvage interests in respect of collisions, groundings and other incidents at sea.

  He is experienced in issues of limitation and pollution and has a particular interest in yacht  and yacht-racing disputes.

  He has advised the Royal Yachting Association, ports and harbour authorities, off-shore energy generators,  crewing agencies and marine unions on various matters. Recent cases include:

  • Maritime Labour Convention 2006 (2018) – Advising leading UK insurer and P&I Club on Policy Terms to comply with convention.
  • UN Convention on the Law of Sea (2017) – Advising leading UK crew union on compliance of minimum wage legislation on board foreign flagged vessels.
  • “FOXTROT” collision with “MONKEY BUSINESS” – ((2018) Admiralty Court) – advising in respect of collision between racing yachts (ongoing).
  • Fatal Collision - (Anonymity preserved) (2016) Advised on fatal collision between yacht and dredger in UK waters (1 fatality).
  • Port of Primorsk, Russia (2018) – advising port company Transneft-Port Primorsk Ltd in relation to berth damage by the oil-tanker “DELTA PIONEER”.
  • Port of Warrenpoint (2016) – Advising on form and content of general port conditions.
  • The Foyle Pilot's Co-Operative v Londonderry Port and Harbour Commissioners (Action Number 2014 No. 14/041897/1) (Judicial Review):  Represented the pilots for Lough Foyle and Londonderry in the High Court of Northern Ireland on an application for judicial review in respect of the termination of  pilotage arrangements at the Port of Londonderry and the replacement of an experience-based training regime with a short duration simulation-based safety regime. Leave for judicial review was granted on all grounds by Mr Justice Treacy and substantive review settled on terms.
  • The Millennium City [2012] 1 Lloyd's Rep 471; [2012] 1 Lloyd's Rep Plus 2; (2012) 841 LMLN 2. Successfully defended Transport for London (TfL) the owners of Westminster Bridge in relation to claims arising from a collision involving "MILLENNIUM CITY on 25th January 2008. Involved issues of safety and navigation on the tidal Thames and the design and suitability of replacement anti-scour works on the bridge. The Admiralty Court re-affirmed the burden of proof in relation to contacts between animate and inanimate objects (see The Po and The Bowditch [1990] 1 Lloyd's Rep 418).
  • Broughton-Leigh v Hunton & Others 17 March 2010 Manchester Mercantile Court Before HHJ Pelling: partial flooding of a power yacht, Chaser III, whilst on her mooring in Braye Harbour. Issues of loss of use of non-profit earning vessel and examination of "The Mediana" [1900] AC 113.
  • Captain Brian Wilson v Belfast Harbour Commissioners (2009-2010) (Judicial Review). Judicial review of powers of Competent Harbour Authorities and Pilotage Authorities in relation to pilots at the port of Belfast.
  • Smit International (Deutschland) GmbH v Josef Mobius Bau-gesellschaft mbH & Co - Queen's Bench Division (Commercial Court) - Morison J. - Judgment 07.06.01; [2001] 2 All E.R. (Comm) 265. Interpretation and meaning of TOWCON/TOWHIRE contract in tug and tow collision and issues of limitation of liability for maritime claims.
•  

Jonathan is repeatedly instructed in energy and construction disputes including rigs and vessels sale and construction and yacht building disputes. He is experienced in pipeline construction disputes. Recent cases include:

• Ricova Ltd v Tarnjit Singh Sangha (2017-2018) (Queen's Bench Division, Commercial Court) – commercial agency and fraud dispute and freezing injunction obtained in England and Wales on worldwide basis.
• GPS Fortuna Ltd v Dean International Trading SA [2014] EWHC 2208 (Comm) – (ongoing) successfully resisted a summary judgment application on behalf of the purchasers of two oil rigs, valued at US£90 million. Led by William Flenley QC, Wilberforce Chambers. 
• LMAA Arbitration (anonymity preserved) – 2010 and ongoing. Arbitration of dispute involving building and purchase of 2 large bulk carriers in South Korea.
• Oil Rigs - Instructed by purchaser in high value Commercial Court litigation involving the sale, purchase and refurbishment arrangement for 2 jack-up oil rigs. The case involves issues of construction of MODU sales agreements, rights of inspection and survey and entitlements to retain deposits. The proceedings are ongoing.
• Wind farms - Advising several interested groups on legality of navigational exclusion zones imposed around offshore wind-engine farms on East Coast of England.
• Litasco v Bulrom Gas Limited - (2015) - Commercial Court - Langley J. Cross-border supply of gas commodity between Ukraine and Moldova.

Jonathan acts in a wide variety of disputes in the general commercial field. Recent cases include:

• Flybe Ltd (2017) in relation to dispute with a regional airport in Scotland (Highlands and Islands Regional Airport).
• Hexstall Technical Services Ltd v Shell Gabon (2015-2016) – advising on commercial dispute and enforcement.
• Irish Bank Resolution Corporation Ltd (2013-2014). Acting on behalf of Irish state body in attempted recovery of two aircraft.
• Hamburg Sud v AMP Packaging Ltd ta AMP Rose (2012). Advising on liens and other claims in respect of chocolate making machinery exported from England to Tunisia
• Wilcomatic Ltd v Autowash Pty Ltd (2012). Advising Australian importer on aspects of English law in relation to import to Australia of automatic tram wash assemblies.
• Heathrow Airport Ltd v Menzies World Cargo (2010). Instructed on behalf of Heathrow Airport Ltd in relation to recovery of sums from Menzies World Cargo in relation to electrical supplies at London Heathrow.
• British Car Auctions v Tayeby and On Line Finance Limited (2008) - Advised on and appeared in case involving theft of vehicles and fraud in particular in relation to widespread “clocking” of odometers.

Jonathan is experienced in many forms of commercial arbitration and mediation including the The London Court of International Arbitration (LCIA), the LMAA Terms, the LMAA Small Claims Procedure, LMAA Mediation Terms, the London Metal Exchange Rules and other private arbitration and mediation agreements.  He is an Associate, Chartered Institute of Arbitrators and an LMAA Supporting Member.

• Private arbitration (2015) - Arbitrator in case involving seaworthiness issues under a charterparty (approximate value US$3,000,000.00)
• LMAA Arbitration (2016) – Acting as arbitrator in charterparty disputes (4 references and ongoing)

Jonathan is frequently involved in insurance disputes addressing coverage issues and the construction of policies. Recent cases include:

• Transmet DMCC  v Izmir Demir Selik Sanayi A.S (2018) – dispute involving Swiss freezing injunction and enforceability in the UK.
• “MV ANTARCTIC CHIEFTAIN” - Dual Australia Pty Limited v Qbe Insurance (Europe) Ltd (Trading As British Marine) (2017-2018) – double insurance in respect of crew liabilities and raising aspects of English and Australian insurance law.
• Sunderland Marine Mutual Insurance Co Ltd v Wiseman & others [2007] 2 Lloyd's Rep 308 - Langley J. (Commercial Court) - 22/6/2007 - jurisdiction/forum non conveniens issues in intra-UK jurisdictional regime in context of fraudulent insurance claim.
• Metal & Waste Recycling Ltd (Formerly GD Metal Recycling Ltd) v Pinn`s Wharf Ltd – issues of safety of wharf for scrap metal exports and coverage issues
• North West Names & Anor v The Stop Loss Mutual Insurance Association Ltd - issue of section 9 Arbitration Act 1996 application and reinsurance issues

ADR Chambers Accredited Mediator

• Cargo dispute (anonymity preserved) – mediator in relation to dispute over Latin American bananas and their reefer carriage to the EU
• Thames Collision (anonymity preserved) - mediator in collision between tall ship and bascules of Tower Bridge and issues of underlying solicitor’s negligence.
• Clothing contracts (anonymity preserved) - mediator in clothing dispute in relation to concessions in high street shops
• Beauty products (anonymity preserved) - mediator in dispute in relation to supply of beauty products
• W v F (anonymity preserved) - mediator in commercial dispute between finance house and hirer.

• Agusta Westland AW139 (G-LBAL): Inquest and civil proceedings - Flight into terrain after takeoff in fog and at night, near Gillingham Hall, Norfolk, 13 March 2014. Civil claim settled.
• AGUSTA 109A (N2NR) (Senior Coroner John Leckey): Fatal accident in the Mourne Mountains, northern Ireland  on 23rd October 2010. Inquest and civil proceedings - acted for the deceased pilot and co-owner of helicopter in relation to crash which resulted in 3 deaths and in resultant civil proceedings. Civil claim settled.

Jonathan is frequently involved in obtaining security and interim measures either by way of injunction (in particular freezing, search and delivery up orders) and/or arrest. Recent cases include:

• “TZIGANE” – (2018) – Arrest of vessel at Ipswich for non-payment of berthing fees.
• “MALAVIYA TWENTY” – (2018) – Arrest at Great Yarmouth in respect of crew claims.
• Ricova Ltd v Tarnjit Singh Sangha (2017-2018) (Queen's Bench Division, Commercial Court) – commercial agency and fraud dispute and freezing injunction obtained in England and Wales on worldwide basis.
• Guildhall Asset Management Ltd v Benson Bros. (Bristol) Ltd – (Queen's Bench Division (Admiralty Court), Field J.) Mandatory Order to ensure compliance with ship registration requirements.
• Unifruit Ltd v Jining Sinotrading Co Ltd – (Queen's Bench Division (Commercial Court), Blake J.) Mandatory Order for delivery up of Chinese Emperor Garlic in various European ports.
• Sister ship arrest (2013) (anonymity preserved). Application leading to sister ship arrests in fleet in Italian ownership. 
• Hellmann Worldwide Logistics Ltd v Mulvaney – (Chancery Division, Proudman J). Injunction to prevent presentation of winding up petition.
• Agence Pour La Securite de la Navigation Aerienne en Afrique et a Madagascar (ASCENA) v. Sudan Airways Company Limited – (Queen's Bench Division (Commercial Court), Thomas J.) Freezing injunction over Sudan Airways' aeroplane for non-payment of air traffic control fees.

Jonathan frequently deals with private international law issues and jurisdictional disputes including the availability of interim measures both within and without the EU Regulation states. Recent cases include:

• EC225 LP Super Puma G-CHCN (2015) – advising on jurisdiction in respect of helicopter which ditched in sea on 22nd October 2012 off Sumburgh Head, Scotland.
• Robert Hicks v Virgin Atlantic Airways & others (2013-2014) – Parallel English and California proceedings in respect of injury to paraplegic on disembarkation and issues in relation to contribution/indemnity claims in England in respect of settlements and Court Judgments in other jurisdictions.
• Veneziana Di Navigazone SPA  v Sociedad Anonima Trabajos Y Obras - (2010). Successful challenge to jurisdiction under TOWCON agreement where tow had sunk in Tunisian waters.
• Sunderland Marine Mutual Insurance Co Ltd v Wiseman & others [2007] 2 Lloyd's Rep 308 - Langley J. (Commercial Court) - 22/6/2007 - jurisdiction/forum non conveniens issues in intra-UK jurisdictional regime in context of fraudulent insurance claim.
• "Thor Triumph" - Grounding of vessel at Chittagong. Jurisdiction and conflicts of law issues and substantive issues of safe port warranties and conditions at Bangladeshi port. Travelled to Bangladesh to investigate issues with Harbour Master and Maritime Authority.