Jason Evans-Tovey
- Date of Call: 1990
- Email: evans-tovey@crownofficechambers.com
General Information
MA (Cantab), 1st class. He read natural sciences and law.
LL.M (University of Virginia).
Arden Scholar, Gray’s Inn.
Professional Memberships
PNBA, Combar, LCLCBA, TECBAR
Professional Guide
"The complete package - thorough, tactically strong, good on his feet and responsive" (Chambers & Partners, 2009)
"We instruct [him] against silks without hesitation" (Legal 500 2009 )
Practice
After Cambridge and an LLM in the USA he practised as an associate attorney with Dewey Ballantine in New York and Washington DC, principally in the field of international trade. He practised from 2, Crown Office Row from 1991 until the formation of Crown Office Chambers in 2000. He has had a common law practice with particular emphasis on professional negligence, contractual and commercial disputes, insurance work, technical cases and private international law.
PRINCIPAL AREAS OF PRACTICE
1. Professional Negligence
Leader at the Bar (Chambers & Partners, 2009)
He has experience of claims involving accountants (including claims by clients and claims by third parties, claims involving fraud, claims involving issues of recoverable loss and limitation periods); valuers and surveyors (including claims by purchasers and lenders, claims relating to domestic and commercial property, claims concerning defects and valuations advice and claims relating to duties of care and damages), solicitors (including claims relating to conveyances, leases, break notices, by third parties, loss litigation claims and claims for loss of a chance), barristers (including claims relating to settlements), architects (including defective design and delay claims), town planners, insurance brokers, financial advisers (including claims relating to investments and personal and company schemes).
2. Contractual and Commercial Disputes
In addition to experience of the usual array of contractual issues (e.g. misrepresentation, battle of the forms, incorporation of contractual terms, implied terms, collateral warranties, interpretation of clauses, termination, restrictive covenants and damages) and the usual array of contractual settings (contracts for the sale of shares, contracts for the sale of goods, contracts for the supply of goods and services) he has extensive experience of franchise disputes and other licence agreements (including computer licence agreements) and in seeking interim remedies (e.g. interim injunctions and freezing orders) especially to enforce restrictive covenants.
3. Insurance & Reinsurance
He advises and acts in relation to policy disputes of all types (excluding marine), including professional indemnity, public liability, building cover, fire and theft claims, and motor policies. He advises on policy construction. He advised reinsurers on matters relating to the demise of Arthur Anderson and has recently given a lecture on the duties of lead underwriter to the following market.
4. Technical Disputes
He read natural sciences at Cambridge (Pts 1A & IB) and has a grasp of matters scientific and technical. He advises and acts in all types of technical disputes (e.g electrical, chemical, material, defective manufacture).
5. Conflicts of Law
At Cambridge he won the Norton Rose prize for conflicts of law and he regularly advises on areas within conflicts of law (e.g. jurisdiction and choice of law) and has experience of litigation in the ECJ.
6. Interim Remedies/Procedure
He has significant experience of applications for interim relief, especially interim injunctions.
Publications/Seminars
He regularly takes part in Chambers' roadshow seminars in his areas of practice. Recent talks include the following:
2009
Fraud and Lender's Claims
The Anatomy of a Franchisor/Franchisee Dispute
2008
Restrictive Covenants in commercial contracts
2007
The Factual Matrix
Do contracts always mean what they say?
2006
Disclosure
An introduction to the Conflict of Laws
2005
Prof Neg - Loss of a Chance
Insurance – Duties to the following market
Commercial/Jurisdiction – An introduction to the Conflict of Laws
2004
Prof Neg/Commercial - Vicarious Liability & Partners
He also offers in-house talks on request.
Publications include the following:
Duty of care of professional advisers Solicitor’s Journal, 23/1/98.
Selected Cases
Professional Negligence
Lingfield Properties (Darlington) Limited v. Padgett Lavender Associates (A Firm) [2008] EWHC 2795 (QB) - section 51 non party costs orders.
Lingfield Properties (Darlington) Limited v. Padgett Lavender Associates (A Firm) [2007] EWHC 2989 (QB) (2008) 1 EG 134 - town planner's negligence - liability and quantum - witness contingency fee agreements.
Del Grosso v. Payne & Payne [2007] EWCA Civ 340 (2007) 151 SJLB 336 - solicitor's negligence - amendments.
Demarco v. Bulley Davey [2006] EWCA Civ 188 [2006] PNLR 27 - insolvency practitioners - loss of a chance - measure of damages.
Adam v. Ali [2006] 1 WLR 1330 - personal Injury - limitation - section 33
X v. Y (2005) - solicitor - break notice in a commercial lease.
Abbey Life v. Matthews (2003) - surveyor - portfolio of commercial valuations.
Marriott v. Nyman Libson Paul (A Firm) (2002) - accountant - pensions.
Shaw v. Wright (2001) - architect - design defects and delay.
Copeland v. Smith [2000] 1 WLR 1371 (CA) - barrister - duty of counsel to the court.
Clifton Design v. Christoforou (1997) - architect - defects and delay.
NYL Management v. Linklaters v. Paine (1998) - solicitor - break notice in a commercial lease.
Secured Residential Funding v. Nationwide Building Society [1997] EGCS 138 [1997] NPC 147 - surveyor - misrepresentation - duty of care. (see also Coates and Evans-Tovey, "Duty of Care of Professional Advisers" (1998) 142 Sol Jo 60)
BBL v. John D Wood (1993) - surveyor - negligent and fraudulent valuations of commercial properties.
NYL Management v. Linklaters v. Paine (1998) - solicitor - break notice in a commercial lease.
Contractual and Commercial
ChipsAway International Limited v. Kerr [2009] EWCA Civ 320 - franchise - non-compete and non-solicitation restrictive covenants - injunctions.
Jani-King v. Adeqabi & Driscoll [2009] EWHC 2795 (Comm) - arbitration act, section 68.
A v. B (2009) - international arbitration relating to an international sales representative agreement.
Jani-King (GB) Limited v. Pula Enterprises & ors [2007] EWHC 2433 (QB) [2008] 1 All ER (Comm) 451 - franchise - legal effect of certain common clauses.
My Fotostop (In Administration) v. Fotostop Group [2007] FSR 17 - claim for damages for breach of asset sale agreement - trade marks.
Jani-King v. Prodger [2007] EWHC 712 (QB) Mackay J - disclosure - unless orders.
Snookes/Little v. Jani-King [2006] EWHC 289 (QB) [2006] I L Pr 19 Silber J - EC Regulation - domestic jurisdiction clause.
Jani- King v. Bains (2005) - committal action against former franchisee for breach of undertakings not to compete given to court.
Crystalens v. Central Research Laboratories (2004) - claim for damages for breach of a collaboration agreement.
Minuteman v. Dobbin (2004) - claim for damages for fraudulent representations during sale of a franchise.
Jani- King v. Mancini (2002) - action for damages and other relief against a franchisee for breach of restrictive covenants.
Capital Trust v. Radio Design (2002)- claim for damages for breach of share sale agreement.
Computer Associates v. Cumbria Constabulary (2001) - claim for damages for breach of a licence agreement for computer software.
Insurance
Encia Remediation v. Canopius Managing Agents [2008] Lloyds Rep IR 79 Cresswell J - professional indemnity - interpretation - factual matrix.
Nemesis European v. John Neal (2005) - policy to insure/contract to repair.
Menzies Hotels plc v. Hunt (2004) - hot works clause.
Lloyd Wolper v. Moore [2004] 1 WLR 2350 (CA) - motor insurance - Road Traffic Act 1988.
Hardman v. AXA (2003) - claim for loss by theft - scope of policy term to use take reasonable care.
Pender/Global Crossing (2003) - reinsurance - interpretation - scope of cover- leading u/w clause - incorporation.
Steerpike v. Coutts (1997) - fraud - innocent non-disclosure.
Technical Dispute
Brambles v. Marconi (2004) (radio devices)
Grantham Engineering v. Lothian Electric (2004) (electrical windings)
Kinnery v. Vauxhall Motors (2003) (electrical lighting components)
Liley v. Commissioner of Police (2002) (defective motor vehicle)
Jurisdiction
Watson v. First Choice Holidays [2001] 2 Lloyds Rep 339 CA/ECJ. Brussels Convention - Art.6
Civil Procedure
Lynch Hall & Hornby v Thakerar [2005] EWHC 2752 (Ch) [2006] 1 WLR 1513 - application of the doctrine of judge in fact.
Lynch Hall & Hornby v Thakerar The Times 30.11.05 - vexatious litigants.
In Re Corfe Joinery [1998] 2 BCLC 75 - insolvency - voidable preferences.
