Jonathan Upton specialises in property disputes.
He has been recognised as a Leading Junior for Property Litigation in the legal directories for several years. Jonathan is “A good choice for tricky cases, and someone who provides advice efficiently. He is both very commercial and good value for money” (Chambers UK 2020, Real Estate Litigation); “very switched-on and technically very bright” and “very attuned to the client’s interests and goals” (Chambers UK 2018, Real Estate Litigation); “recommended for advising on landlord’s rights” (Legal 500 2017, Property Litigation) and “a first-choice junior for service charge disputes” (Legal 500 2016, Property Litigation).
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; 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  EWCA Civ 758;  2 F.L.R. 1526;  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  EWCA Civ 269; Saranovic v Saranovic The Times, March 21, 2017; and Premium Jet AG v Sutton  EWHC 186 (QB). He recently successfully appeared in the Upper Tribunal (Fancourt J) concerning the First-tier Tribunal’s jurisdiction to determine an application by joint trustees in bankruptcy to register a restriction against a property held in joint names (Wolloff and Dante (as Joint Trustees in Bankruptcy of Alexander James Dhillon) v Patel  UKUT 333 (LC)).
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 has been identified as one of the most influential people in the residential leasehold property sector in News on the Block’s 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.