Commercial
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 disputes and has recently advised upon the application of German choice of law clauses in a construction contract and on the enforcement of Singaporean judgments.
Recent cases:
ONS Ultimate Holding Ltd v Nair [2022] EWHC 2200 (Ch): Represented the defendant on a multi-day High Court application for summary judgment.
CC v F Co (2023). Ongoing: Acting for the Claimant in a High Court professional negligence dispute.
G v R & R (2023): Represented third parties and successfully resisted an attempt to unwind the sale of a property which the claimant was attempting to achieve via an urgent injunction application.
AK v FLI Limited (2022): Ongoing. Acts for the Defendant company in the High Court in respect of an alleged data protection breach.
A v H (2023): Represented administrators on a successful application to force third parties to hand over company documents.
L Ltd v E Ltd (2023): Successfully resisted a third party costs order application against a former director of a company.
ABG Limited (2023): Advised upon and appeared at an application to restrain advertisement of a winding up petition.
A school (2023): Advised a fee-paying school on the effect of the Financial Services and Markets Act 2000 and a proposal to secure unpaid fees by a charge over property.
B Ltd (2023): Advised on whether certain transactions were caught by s.127 IA 1986 (clawback provision in respect of transactions made after presentation of a winding up petition)
Various v A (2021): Successfully resisted a High Court interim injunction which would have prevented his client from attending his local mosque.
C v CP Ltd (2021): Appeared in the High Court and persuaded the court to depart from the usual rule that indemnity costs are awarded where a party commences litigation in breach of an arbitration clause.
A v Z (2021): Represented a former director at a two-day claim brought by liquidators for director's misfeasance and transactions at undervalue.
BP Ltd v WD (2020): Acted as sole Counsel in a successful 4-day trial relating to unpaid storage fees.
CC v NP (2020): Acted for the Defendant in proceedings brought by a vexatious litigant and obtained a civil restraint order via written submissions.
L v G (2020): Successfully resisted an application heard in the High Court for third party disclosure.
Insolvency
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.
Company
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. He has also recently advised a company as to how to rectify an improperly-conducted reduction in its share capital and has advised on how to perform the merger of two companies limited by guarantee."
Through a glass darkly: reflections on reflective loss
John Jessup considers the recent Court of Appeal decision of Marex Financial Limited [2018] 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.
