3PB construction and commercial/insolvency barrister John Jessup predicted on Tuesday June 9 at the 3PB construction law webinar that the Supreme Court may push open the door left slightly ajar by Lord Justice Coulson at the Court of Appeal in the case of Bresco v Lonsdale  EWCA Civ 27.
John completed a 12-month pupillage at 11 Stone Buildings with an emphasis on commercial disputes and personal and corporate insolvency. John now frequently appears in the Business and Property Courts on insolvency matters.
John also advises and appears in Court on matters of general commercial litigation, and has developed a busy construction law practice since joining 3PB.
John maintains a practice in property disputes, and has appeared in the High Court on matters relating to onerous tenancy administration fees, proprietary estoppel and trusts.
John accepts instruction to produce written advice and to draft pleadings in all areas of his expertise, and has significant experience of resolving disputes through alternative dispute resolution (ADR).
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Property and Estates
John frequently provides advice and representation in residential property disputes including:
- Landlord and tenant disputes (eviction proceedings and disrepair claims)
- Boundary disputes
- Mortgage repossessions
- Leaseholder disputes.
He also advises commercial landlords and tenants, particularly on complex tenancy contracts.
John accepts instructions in this area from professionally-represented clients and via Direct Public Access.
- Avon Ground Rents Limited v Sarah Louise Child  UKUT 0204 (LC), successful application to prevent a landlord’s legal costs being charged as an administration fee.
- Sahota v Prior  EWHC 1418 (Ch), a High-Court consideration of the interaction between section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 and the doctrine of proprietary estoppel.
- A successful defence against an application for third party disclosure in the High Court in 2020, the case subsequently settled.
John has experience of advising and providing representation in all areas of probate including the interpretation of and challenge to wills.
John has particular experience of alternative dispute resolution in disputes relating to wills through mediation and other forms of ADR, and has accepted instructions directly from members of the public in such matters through Direct Public Access.
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John has had exposure to complex and high-value disputes between liquidators and former directors, and frequently advises in difficult insolvency matters.
John has successfully acted for a number of companies in disputed winding up proceedings brought by HMRC and private creditors.
John also has experience in the field of personal insolvency.
John is often instructed to advise upon complex commercial contracts and appears in Court frequently on such matters.
In terms of alternative dispute resolution, John recently successfully negotiated a settlement agreement in a commercial dispute relating to a consultant company’s entitlement to “finder’s fees” for arranging commercial loans.
John has a particular interest in cross-border commercial disputes, having studied Conflict of Laws at Oxford University, and has recently advised and drafted pleadings in a complex and high-value jurisdiction and choice of law dispute and has also appeared in the County Court in a claim regarding rejection of goods as unsatisfactory by a Lebanese port authority.
In addition to his experience in corporate insolvency, John has substantial experience in general Company law matters and frequently appears and advises on matters such as applications to rectify the register of charges under the Companies Act 2006.
John has recently advised upon, and appeared in application hearings related to, a complex shareholders dispute.
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John originally embarked upon a Civil Engineering Degree and was on track for a 2:1 before realising that his true calling lay at The Bar.
As a result he has a strong grasp of construction theory and practice and a formidable level of technical knowledge. John's working practice in areas of disputed fact is often to speak directly to employers, architects, contractors and experts with whom he is able to converse at a technical level.
John has married his experience of complex commercial disputes to his technical background and is well-placed to advise and provide representation on all aspects of construction law. He is familiar with all standard forms of construction contract, and has appeared in several multi-track trials in construction matters.
- Successfully resisted attempt to enforce adjudicator’s award in the Technology and Construction Court.
- Advised on alleged variations to building works (homeowner occupier).
- Advised on expert and client witness statements.
- Advised and drafted pleadings on prospects in claim against negligent surveyors re damp. Claim settled favourably.
- Drafted proceedings in dispute with builder over refitted kitchen.
- Advised and drafted proceedings in dispute with builder over swimming pool and garden works.
- Advised on prospects against an architect and site manager for defective works to a roof.
- Advised builders on prospects of defending claim by homeowner that they had not followed architect's drawings.
- Advised on prospects against installer of flooring after floor damaged by damp.
- Drafted proceedings for defects and counterclaim for wrongful termination – acting for builders.
- Advised as to prospects, settlement offers and witness evidence in plumbing works dispute regarding wrongful termination and defects.
- Advised and drafted proceedings in multi-track claim for non-payment of invoices in building work.
- Advised, contractor –v- sub-contractor – sub-contractor instructed to install glass partitions at mental health facility. Sub-contractor installs wrong thickness and type of glass. Engaged in technical discussions with contractor regarding types of glass, thickness, and specification drawings.
- Advised and drafted correspondence – defective building works.
- Adjudication – advised on recovery where unknown to the parties. Matter governed by Housing Grants, Construction and Regeneration Act 1996.
- Representing Claimant – unpaid invoice for building works, counterclaim for defective works.
- Wrongful termination – in practice works not defective but merely unfinished.
Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd  USC 25, or ‘‘kicking the door wide open’’18th Jun 2020
Caveat venditor - A High Court example of proprietary estoppel and the sale of land22nd May 2019
John Jessup reflects on a recent High Court case in which he appeared and which sheds further light on proprietary estoppel in contracts for the sale of land.
Through a glass darkly: reflections on reflective loss12th Jul 2018
Through a glass darkly: reflections on reflective loss
John Jessup considers the recent Court of Appeal decision of Marex Financial Limited  EWCA Civ 1468 which answers the question of whether the rule against reflective loss (which prevents a shareholder bringing an action for loss of value of their shares) applies to unsecured creditors.
- University of Wales, Swansea, LLB Law, 1st class degree (top 1st) (2011)
- University of Oxford, Bachelor of Civil Law (2013)
- Cardiff University, BPTC, Outstanding.
- Best Orator, Oxford International Media Law Moot 2013
- Semi-Finalist, Oxford International Intellectual Property Moot 2013
- Beneficiary of the James Pantyfedwen Foundation, 2012
- Iscoed Chambers Prize, 2011
- Sweet and Maxwell Prize, 2011
- Chancery Bar Association
- Technology and Construction Bar Association
John Jessup is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information