Commercial
Jason has a broad commercial practice including an international reputation for franchise-type disputes. He handles:
- freezing injunction applications
- ordinary restraining and mandatory injunction applications
- Norwich Pharmacal and Bankers’ Trust applications
- challenges to jurisdiction
- security for costs applications
- a wide variety of procedural applications
Disputes commonly handled by Jason include disputes relating to:
- Products – the sale or supply of goods and commodities.
- Services – the scope and standards of services
- Insurance and reinsurance
- Directors and fiduciary duties (including breach of confidence and misuse of trade secrets)
- Partnerships and shareholdings (including unfair prejudice claims)
- Franchises, licensing and distribution agreements (including restraints of trade)
- Share and asset purchase agreements (including indemnity and warranty claims)
as well as disputes relating to legal issues including:
- Jurisdiction and conflicts of law
- Tort claims including
- Civil fraud
- Bribery
- Misrepresentation and negligent misstatement claims
- Other economic torts (i.e, conspiracy to use unlawful means)
- Contractual claims including:
- Interpretation and performance of a contract
- Implied Terms
- Rescission and termination
- Restrictive Covenants
- Breach of trust and fiduciary duty claims
- Damages (including heads and measures) and equitable remedies
Selected Cases
Reported and recent work include:
- MW High Tech Projects v. Greenhalgh & ors [2022] EWHC 2000 (TCC) – strike out summary judgment application in relation to claims by a company against its former directors for damages totalling more than £300M in relation to entries by the company into 3 waste-to-energy projects.
- Advising in relation to £million commissions payments due under an SPA relating to a waste to energy project.
- Advising and acting in relation to multi-million pound claims relating to 200+ million items of PPE provided as a result of Covid.
- Advising in relation to a multi-party claim for damages for fraudulent and negligent misrepresentations relating to investments in a SaaS tech company.
- Hunters Franchising Limited v. Brybond Ltd [2022] EWHC 3195 (Comm) – commercial agency and distribution agreement – development schedules – express and implied terms – the scope of any implied duty of good faith.
- Advising in relation to alleged breaches of a settlement agreement relating to documents and disparaging remarks.
- Advising and acting for insurance intermediaries in relation to claims for unpaid commissions and termination of the arrangement.
- Equitas v. Sande Investments [2021] EWHC 105 (Comm) claim against an insurance intermediary in the Lloyd’s market relation to claims for sums collected from reinsurers on behalf of insolvent Lloyd’s brokers.
- Advising and acting for a specialist insurance broker in relation to commissions due under an intermediary remuneration agreement relating to a bespoke foreign insurance scheme.
- Advising and acting on a section 994 unfair prejudice petition relating to a business worth £70m+. including the scope of shareholders obligations to each other and issues of good faith.
- GDE & Goffe v. Anglia Autoflow Limited [2020] EWHC 105 (Comm) commercial agency agreement – applicable law – limitation (acted until changed of solicitor and counsel).
- SDI Retail Services v. Rangers Football Club [2019] EWHC 591 (Comm) commercial licence and distribution agreement – contract interpretation relating to renewals (Sir Ross Cranston).
- St Vincent European General Partner Ltd v. Robinson [2018] EWHC 1442 (Comm) costs – indemnity basis (Males J).
- St Vincent European General Partner Ltd v. Robinson [2018] EWHC 1230 (Comm) acting for proposed defendant resisting joinder to action for conspiracy to injure by unlawful means where there were issues of limitation, tender and reflective loss (Males J).
- Cape Distribution Ltd v. Cape Intermediate Holdings PLC (2017) acting for insurers seeking to avoid an EL policy for non disclosure and misrepresentation as to the nature of the risk (Picken J).
- Cape Distribution Ltd v. Cape Intermediate Holdings PLC [2017] Lloyd’s Rep IR 1 (Picken J). A multi-million pound claim concerning a subrogation bar in the case of co-insureds and pervasive interests (led by Michael Kent KC; opponents Justin Fenwick KC, Leigh-Ann Mulcahy KC (4 New Square) and Ben Lynch (Fountain Court)) .
- Cape Distribution Ltd v. Cape Intermediate Holdings PLC [2016] Lloyd’s Rep IR 499 (Picken J). A multi-million pound claim concerning the meaning and effect of an asset sale agreement and in particular the meaning and scope of indemnity provisions therein including the meaning of “liabilities subsisting” and whether the indemnity extended to the indemnitee’s own negligence or was net of insurance recoveries (led by Michael Kent KC; opponents Justin Fenwick KC, Leigh-Ann Mulcahy KC and Andrew Kinnier).
- Haylett v. Cayton [2015] EWHC 1951 (Comm) (Colin Edelman KC). Case concerning a partnership or joint venture arrangement, its termination and the consequences thereof, including the appropriate measure of compensation and quantum (Opponents: William Flenley KC and Francis Bacon (Hailsham)).
- Martin & Co v. Cedra Ltd [2015] EWHC 1036 (Ch) (Rose J). Interim injunction application by a franchisor to enforce compliance by a former franchisee with post-termination obligations including restrictive covenants in circumstances where the franchisee was alleging that the termination was unlawful.
- Carewatch Care Services Limited v. Focus Caring Services Limited [2014] EWHC 2313 (Henderson J). Claim to enforce post termination obligations in a home care services franchise agreement, including ‘step-in’ provisions and restrictive covenants. The claim also concerned implied terms and competition law issues. (Jason was leading Victoria Wakefield (Brick Court); opponents: Brie Steven-Hoare KC (Hardwicke) and Aidan Robertson KC (Brick Court)).
- Nageh v. David Game College Ltd [2013] EWCA Civ 1340. Claim by an agent for commission turning on the authenticity, meaning and effect of a document (Opponent: Simon Gorton KC).
- PSG Franchising v. Lydia Darby Ltd [2012] EWHC 3707 (QB). Claim to enforce post termination obligations in a franchise agreement, including restrictive covenants.
- Advising and acting for a Spanish hotel operator in a major contract dispute with a large and well-known tour operator.
- Thomas Brown Estates v. Hunters Partners Ltd [2012] EWHC 30 (QB) action arising out of an underlying large group action by about 50 Bairstow Eves estate agent franchised offices for declarations as to whether Hunters estate agents, who had purchased the franchisor, could force the “Bairstow Eves” franchisees to rebrand their offices as “Hunters”. (Opponent: Nigel Jones KC (Hardwicke)).
- Papa Johns v. Doyley (2011). Claim by former franchisee against well-known pizza franchisor for mis-selling its franchises during an alleged brand re-launch in 2004. Jason led Carlo Taczalski against Clive Freedman KC (7KBW).
- Francotyp-Postalia v. Whitehead [2011] EWHC 367 (Ch) (Peter Smith J). Claim relating to severing contractual provisions and the blue pencil test.
- Acting for a manufacturer against a foreign agent in an arbitration relating to oil industry products shipped to Libya and the scope of the Commercial Agents (Council Directive) Regulations.
- Advising and acting in a sizeable contract dispute relating to the meaning and effect of a warranty in a SPA relating to the care home industry.
- Seeking or resisting various non-compete, non solicitation and other injunctions in franchise disputes.
News
Articles
- Solicitors under No Duty to Warn Non-Client
- Court of Appeal revises the test for assessing the sum payable under an insurance policy covering property damage
Qualifications
School: Old Swinford Hospital, Stourbridge
University:
Trinity College, Cambridge MA (1st Class)
- Natural Sciences (Pts IA & IB) Law (Parts IB and II)
- Senior Scholar
- Lizette Bentwich Prize
- Norton Rose Conflicts of Law Prize
University of Virginia – LLM
Inn: Gray’s – Arden Scholarship
Memberships
PNBA, Combar, LCLCBA, TECBAR
Recommendations
“Jason combines a strong intellect with an affable personality, which makes him a pleasure to work with. His willingness to listen to, and entertain, alternative points of view is also a strength.”
Legal 500, 2023
“Jason is an excellent advocate. I want him involved on any claim I deal with as early as possible. He knows where it is going and how best to get there.”
Chambers & Partners, 2023
“He’s very affable, very approachable, easy to work with and clearly very sharp.”
Chambers & Partners, 2022
“Jason is excellent at planning for trial from the outset. His early advice is invaluable for ensuring that key issues are identified and pursued.”
Legal 500, 2022
“He goes over and above. His advice is technically very sound, very clear, and he is very good with clients.”
Chambers & Partners, 2022
“He is exceptionally bright and sees the big picture when advising.”
Legal 500, 2021
“He is an excellent trial barrister. Jason saw the long view early on and was able to ensure that the key issues were aired early in the dispute.”
Chambers & Partners, 2021
“He is phenomenally bright and sees the big picture. Where some might simply deal with what is in front of them, he ensures that all angles are covered before recommending a particular way forward.”; “He is a very thorough, competent and effective practitioner in the field. Very pleasant to deal with.”
Chambers & Partners, 2020
“He is rigorous in his attention to detail and has very good judgement.” “He is a very intelligent barrister, a powerful and subtle analytical thinker and a joy to work with.”
Chambers & Partners, 2019
“An excellent advocate and his drafting skills are magnificent.”
Legal 500, 2019
“Thorough in his preparation and magnificent on his feet.”
Legal 500, 2017
“He’s very easy to work with, commercial, robust and practical, and he can be a bruiser in court when required.”
Chambers & Partners, 2017
