Jonathan Upton

Jonathan specialises in property disputes.

He has been recognised as a Leading Junior for Property Litigation for several years and has been described in the legal directories as "A first-choice junior".

Jonathan is particularly experienced on matters relating to mixed-use developments.  He regularly advises land owners, developers, institutional lenders and indemnity providers on matters such as easements; restrictive covenants; tenants' rights of first refusal; development agreements; overage; commercial lease interpretation; the Electronics Communications Code; collective enfranchisement; variation of leases and service charges.

Jonathan's practice also encompasses co-ownership disputes and applications for orders for sale/TOLATA claims.  He successfully argued for a resulting trust analysis in Chaudhary v Chaudhary [2013] EWCA Civ 758; [2013] 2 F.L.R. 1526; [2013] Fam. Law 1257 and has been involved in a number of cases involving the bona fides of a declaration of trust: Tigris Industries Inc v Ghassemian [2016] EWCA Civ 269; Saranovic v Saranovic Times, March 21, 2017; and Premium Jet AG v Sutton [2017] EWHC 186 (QB).   

For around 7 years Jonathan has written a popular monthly update on Service Charges and Estate Management.  He is currently writing "A Practitioner’s Guide to Easements" (Wildy's).     

He has appeared at all levels of tribunals and courts from the First-tier Tribunal (Property Chamber) to the Court of Appeal (twice without a leader) and the Supreme Court.  He also has experience of representing parties in arbitration and mediation.  

Jonathan was identified as one of the most influential people in the residential leasehold property sector in News on the Block's recent feature the Hot 100.  The list is a mix of leasehold campaigners, Parliamentarians, trade and professional bodies, managing agents, building owners, investors, developers, valuers, and lawyers. 

Jonathan accepts instructions directly from members of the public under the Public Access Scheme.

Expertise

Notable Cases

Recommendations

Publications

Memberships