Geraint Jones QC

Profile

Geraint pursues a thriving commercial and property practice. In silk he has been leading counsel in multi-million pound litigation, successfully defending allegations of commercial fraud arising from the collapse of the Versailles Group. He has been involved in long-running group litigation involving leaseholders in disputes with their landlord; a case of factual and substantial legal complexity.

As junior counsel, Geraint was counsel of choice for the Solicitors Indemnity Fund (western region) and has extensive experience in professional negligence issues, especially relating to property conveyancing matters.

Recently he has been leading counsel in a series of judicial review cases against H.M.R.C.,  successfully challenging its use (or misuse) of its statutory powers. He has also become an acknowledged leader in Proceeds of Crime Act challenges based upon article 1, first Protocol ECHR, lately overturning the long established rule of the common law that a Receiver can always recover his costs from assets subject to the receivership.

Geraint has extensive sports law experience and is an Arbitrator at the International Court of Arbitration for Sport in Switzerland.

Geraint also has extensive experience of human rights and discrimination issues associated with his work in the Immigration Appeals Tribunal and The Asylum and Immigration Tribunal.

Experience

Property

• Formerly junior counsel of choice for Solicitor's Indemnity Fund for South Wales area (real property/conveyancing matters)
• Litigation relating to all aspects of real property disputes, mortgages and trusts
• Advisory and advocacy work for numerous local authorities
• Advisory and advocacy work for The Environment Agency & Dept the Environment, Food and Rural Affairs
• Advisory and advocacy work for Sony (UK) Ltd, Texaco plc, Associated British Ports, Templar Properties Ltd, Eagle Star (Axa), Land Authority for Wales

Business & Commercial

• Leading counsel in multi-million pound commercial fraud case arising from the collapse of Versaille Group
• Advising upon and drafting standard contractual conditions for trade association members
• Judicial Reviews in the business and commercial context.

Professional negligence

• Counsel of choice for Solicitor’s Indemnity Fund (South Wales & the West)

Significant Cases

Brandon Barnes v Eastenders Cash & Carry [2012] EWCA Crim 2436
Receivership Costs - Human Rights - Article 1 First Protocol - Order appointing receiver set aside by the Court of Appeal - It would be a breach of a company's human rights if it had to meet the remuneration and expenses of the receiver appointed over it.

R (First Stop Ltd) v HMRC [2012] EWHC 1106 (Admin)

Eastenders v HMRC [2012] EWCA Civ15, LTL 20.01.2012 [2012] 1 WLR 2912
Property rights - statutory interpretation - statutory powers to interfere with private property - detention of goods - forfeiture of goods- goods must in fact be "liable to forfeiture"; it is not sufficient that there are reasonable grounds to suspect/believe that goods may be "liable to forfeiture"

Windsor & Ors  v  The Crown Prosecution Service  [2011] EWCA Crim 143; [2011] 1 WLR 1519; [2011] 2 Cr. App. R 7; [2011] Lloyds Rep. F. C. 23/2/11.

Goldberg & Oths v Foster Squires (a Firm) [2010] EWHC 450 (QB), LTL 19/3/2010
Accountant’s liability for negligent investment advice - Fraud – Partnership liability - Partnership Act 1980, s.10 - Vicarious liability - The ordinary course of the business of an accountant includes expressing a view as to the risks associated with an investment.

Carter v Cole (2009) EWCA Civ 410; (2009) 33 EG 66

Nelson v Clearspring Management Ltd [2007] 1 WLR 962

Mercantile & Credit plc  v  Marks [2005] Ch 81

Greening & Sykes Ltd v Nelson & Hanley The Times [22/01/08]
Status of intervening bare trustee.

Awoyomi v Radford [2007] WHC 1671
Retrospectivity of Hall v Simons.

Publications

Contributor, Spring issue 2013 of Criminal Bar Quarterly, Let the Receiver Beware

Co-author, What's your partner up to?, Accountancy Age 10 June 2010

New Tactics in V.A.T. Fraud cases; Solicitors Law Journal: (Jones & Glover)

Contributor, Service Charges and Management: Law and Practice 1st edition, 2006 (Sweet & Maxwell)

Memberships

Member, Chartered Institutes of Arbitrators

Member, Chancery Bar Association

Chairman, Wales Commercial Law Association, 2000 to 2002

Court of Arbitration for Sports (Lausanne, Switzerland).

Qualifications

MA (Cantab)

Middle Temple, Harmsworth Scholar

Appointments

Recorder

Part Time Judge, Tax Tribunal

Part Time Chairman, Immigration Appeals Tribunal: Department for Constitutional Affairs Part Time Immigration Judge

External Reviewer of decisions by the Director of Fair Access (Dept. of Education and Skills)

Arbitrator, The Motor Insurers Bureau

Independent Disciplinary Tribunal Chairman, Rugby Football Union

Member, Judicial Panel of International Rugby Board

Chairman, Disciplinary Appeal Tribunal of the British Parachuting Association

Arbitrator at The Court of Arbitration for Sport (Lausanne)