Jonathan Smith 1991

Clerk: Colin Perrin

Jonathan has a wide and varied chancery and commercial practice split evenly between contentious and advisory/drafting work.

Following a traditional chancery pupillage he has acquired a reputation for dealing with significant matters relating to wills and trusts, probate and estate administration, court of protection and family provision, and regularly gives seminars on connected topics.

He practises extensively in all aspects of property law, from matters as diverse as commercial landlord and tenant, neighbour disputes, claims for legal and beneficial interests, to agricultural partnerships, building disputes and statutory compensation.

Jonathan has undertaken a significant number of claims against solicitors for professional negligence in connection with conveyancing transactions, the conduct of litigation and will preparation/execution.

Away from the Bar, Jonathan enjoys playing chess competitively (ECF 177), playing football and endures gym sessions.

Directories

Legal 500 (2014) – ‘Fantastic depth of knowledge.’

Legal 500 (2013) – ‘an experienced probate and inheritance act specialist’

Will, Probate and Court of Protection

Work undertaken in this area includes:

  • Advising and appearing in claims for the setting aside of wills on grounds of undue influence, want of capacity, etc.
  • Bringing actions for removal of personal representatives and administration/directions.
  • Claims for the construction or rectification of a will.
  • Will drafting and advisory work.
  • Claims for family provision on behalf of all classes of applicant often in conjunction with, or in the context of, other claims.
  • Court of Protection matters, including the appointment or removal of deputies, statutory wills and welfare decisions on behalf of patients.

Property law

Work undertaken in this area includes:

  • All aspects of property disputes including easements, restrictive covenants, mortgages and securities, contracts of sale and conveyancing, and lease/licence matters.
  • Commercial landlord and tenant, lease renewal and 1954 Act grounds of opposition, lease interpretation, rent review, dilapidation actions and actions for service charges and relief from forfeiture.
  • Disputes between neighbours including boundary disputes (position and constructions thereon), adverse possession, trespass and injunctive remedies.
  • Claims relating to the ownership of land, including constructive and resulting trusts, proprietary estoppel (and ancillary claims) whether in the family, partnership or commercial context.
  •  Charities and cy-pres.
  • Statutory compensation.

Professional Negligence

Work undertaken in this area includes actions against solicitors involving:

  • The negligent conduct of litigation in chancery and commercial matters, including the failure to observe procedural requirements, failure to secure the appropriate evidence, missing limitation periods and inappropriate settlement advice.
  • Failures to properly advise and act for clients in conveyancing transactions, including checking title and 3rd party rights, explaining terms of leases, etc.
  • Failure to act with sufficient speed in the taking of instructions and the preparation of a will.

Specialist areas

  • Commercial Litigation
  • Company
  • Direct_Public Access
  • Housing
  • Judicial Review
  • Landlord and Tenant
  • Partnership
  • Probate
  • Property
  • Sports Law
  • Trusts and Settlements

Qualifications
John Moores University (LLB)
Gray’s Inn (ICSL)

Professional Memberships
Professional Negligence Bar Association
Northern Chancery Bar Association
Chancery Bar Association
Northern Circuit Commercial Bar Association

Awards
Karmel Entrance Award (Gray’s Inn)