Property Damage
Jason read natural sciences at Cambridge (Pts 1A & IB) and as a consequence has a good general understanding of scientific and technical matters. He advises and acts in all types of fire and flood claims and other disputes involving technical issues, including product liability claims and is on insurers’ major loss panels.
Selected Cases
His reported and more recent cases in the field of property damage include:
- Acting for insurers in a £3m claim for damages under various heads of loss alleged to have been caused by legionella as a result of a plumbing contractor’s negligence.
- Acting for insurers in a major loss subrogated claim arising out of leaks from pipework and whether the premises and pipe installation were the same or “other” property for the principle in Donoghue v. Stevenson
- Acting for insurers in a claim for damages alleged to have been caused by a flue fire and insufficient cleaning and in a claim for a contribution.
- Acting for insurers in a major loss subrogated claim arising out of an electrical fire related to an MCB and the scope and effect of exclusion and limitation of liability clauses.
- Acting for insurers in a claim for damages under various heads of loss alleged to have been caused by negligent installation of a wood burning stove.
- Acting for an insured in relation to a claim for subsidence damage attributable to ground conditions.
- Acting for insurers seeking compensation from a local authority for refusing permission to fell a tree subject to a TPO and on the scope of the defence in Article 9(4)(c) and now Regulation 24(4)(c) of the Town and Country Planning (Tree Preservation) (England) Regulations 2012: Burge & Anor v South Gloucestershire Council [2016] UKUT 300 (LC) (27 July 2016); South Gloucestershire Council v. Burge [2017] EWCA Civ 1313; The Times (16.10.17).
- Acting for insurers in relation to a claim for damage caused by a lorry to a bridge over the A14: Highways England Company Limited v. Rodwell Limited [2017] EWHC 118 (QB).
- Acting for insurers in relation to a claim arising from a tree falling onto railway tracks and causing damage to rolling stock: Stagecoach South Western Trains Ltd v. Hind [2014] EWHC 1891 (TCC)
- Acting for insurers against a local authority in relation to tree root subsidence including issues of foreseeability and causation: John Lyon Free Grammar School v. Westminster City Council [2012] UKUT 117(LC).
- Acting for insurers in major multi-million pound claims arising out of fires at large country houses related variously to chimneys and embedded timbers, electrical defects and/or hot works.
- Advising in relation to a major water leak at a warehouse and subsequent subsidence leading to demolition and rebuilding.
- Advising in relation to a multi-million pound claim for arson on a building site resulting in the total loss of the contract works and issues relating to insurance
- Advising in relation to major fires in hotel kitchens and restaurants.
Blogs
Events
News
- Jason Evans-Tovey and Hamish Fraser successful in civil fraud claim in the Chancery Division
- Pollution or Contamination
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
“A formidable opponent but a nice guy too.”
Chambers & Partners, 2025
“Jason is very good. He sees the big picture from very early on and gives confident and robust advice.”
Legal 500, 2025
“Jason gives clear advice and sees through the detail.”
Chambers & Partners, 2024
“Jason is excellent. He gives clear advice from the outset and does not waiver. At trial, he is at his most polite when being utterly damning of the opposition’s case, it is a delight to watch.”
Legal 500, 2024
“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
