Jonathan Russen QC
A significant part of Jonathan’s practice involves commercial litigation which encompasses disputes in the areas of financial services, company, partnership and insolvency. He has considerable court experience and has appeared in a number of recent reported cases at first instance, in the Court of Appeal and the Supreme Court, some of which are listed below. He is called to the Bar of the Eastern Caribbean Supreme Court (Virgin Islands) and has also acted in litigation in other offshore jurisdictions, appearing also in Gibraltar and the Isle of Man. Jonathan’s practice also includes advisory work and extends to the more traditional areas of general Chancery for which he is also highly recommended. Jonathan has also acted as an arbitrator pursuant to ad hoc appointments and given expert opinions upon English law for use in overseas proceedings.
Jonathan has for many years been recommended in Chambers & Partners UK (where he is noted for his expertise in Traditional Chancery, Financial Services and Partnership) and in The Legal 500 (for both Company and Partnership and Private Client).
Click to visit the Oxford University Press website to purchase Jonathan's book.
Financial Services : Authorisation, Supervision and Enforcement: A Litigator's Guide, Author
An illustration of the nature of the litigious side of Jonathan’s practice and his areas of expertise is illustrated by the following examples of some of his more recent appearances as a silk:
National Infrastructure Development Company Limited v Banco Santander SA  EWCA Civ 27 (the proper test for summary judgment on the “fraud exception” defence to payment under a letter of credit)
Patel v Patel  EWHC 133 (Ch) (the forgery of a will)
Fong v Incredible Power Ltd (2016) (BVI) (issues of private international law in a shareholder’s derivative action brought in the BVI in respect of the affairs of a Liberian company)
Hall v Elia  EWHC 3199 (Ch) (a claim to set aside the transfer of property on the ground of sham, as a transaction to defraud creditors and a transaction at an undervalue)
David Alastair Bruce v TTA Management Ltd & 8 Ors  EWHC 936 (a claim to impugn an expert share valuation on the ground of alleged deceit)
O’Brien v Goldsmith  EWHC 1320 (Ch) (the significance of a change of case after entry of a default judgment on an appeal against the judgment)
Dar Al Arkan Real Estate Development Co v Majid Al-Sayed Bader Hashim Al-Refai & Ors  EWHC 4112 (QB) (service of committal proceedings out of the jurisdiction where respondent domiciled in a non-Member State)
E-Clear (UK) Plc v Elias Elia & Ors  EWCA Civ 114 (inability to determine questions of company insolvency at the summary judgment stage for purposes of findings of breach of fiduciary duty and constructive trusteeship)
In the Matter of Lehman Brothers International (In Administration)  EWCA Civ 188 (the proper approach to the determination of the Close-out Amount under the 2002 ISDA Master Agreement)
Robert Hugh Thomas Davies v Ian Watkins  EWCA Civ 1570 (principles governing the proper approach to costs of a Beddoe application)
In The Matter of Lehman Brothers  EWHC 1072 (Ch) (the application of the “value clean” principle on the determination of the Close-out Amount under the 1992 ISDA Master Agreement)
In the Matter of Lehman Brothers International (Europe) v CRC Credit Fund Ltd  UKSC 6 (the proper distribution of moneys under the trust of “client money” created by the FSA’s Client Assets Sourcebook)
William Loveluck-Edwards, Beatrice Loveluck-Edwards v Ideal Developments Ltd  EWHC 716 (Ch) (the principles governing the acquisition of adverse title by prescription)
The Estate of Liao (2011) (BVI) (concerning a grant ad colligenda bona in respect of a BVI shareholding)
Anthracite Rated Investments (Jersey) Ltd v Lehman Brothers  EWHC 1822 (Ch) (an event of default under the 1992 ISDA Master Agreement triggering automatic early termination of the options governed by it and the redemption of the bonds for which those derivatives stood as principal/interest protection)
Phillip Roberts (Liquidator of Onslow Ditchling Ltd) v Peter Frohlich & Godfrey Spanner  EWHC 257 (Ch) (breach of fiduciary duty by directors in circumstances where the company’s pursuit of a development project amounted to wrongful trading)
COMBAR, Chancery Bar Association.
LLB (Wales) First Class, LLM (Cantab)