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Jack Dillon
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Jack specialises in commercial litigation, property law and professional negligence.  He has a strong advisory practice as well as frequently appearing in the High Court and County Courts, specialist tribunals (including the First-tier Tribunal) and at mediation.  Jack is a determined and effective advocate and prides himself on giving on giving considered, clear and pragmatic advice.

In addition to general commercial dispute resolution, Jack’s commercial practice covers more specialist areas, such as fraud and asset recovery, claims against directors, claims arising out of joint ventures, franchising, banking and finance, employment and costs work.  Jack’s property practice covers real property disputes concerning the ownership and use of land in addition to commercial and residential landlord and tenant disputes.  Jack has a considerable experience of dealing with cases involving fraud and dishonesty.

Jack’s clients include international and domestic companies and investors, manufacturers and suppliers, service providers, high net worth individuals, advertising agencies, local authorities, mortgage companies and professional and private landowners and managing agents.

Jack frequently gives seminars and other training as part of Hardwicke’s training programme, the Junior to Junior programme and for external organisations.

Commercial Litigation

Jack is a member of Hardwicke’s Commercial Dispute Resolution team.  He deals with a wide variety of commercial claims in addition to having experience of more specialist areas, such as fraud and asset recovery, claims against directors, claims arising out of joint ventures, franchising, banking and finance, employment and costs.  Jack has experience of claims for injunctive relief, such as search orders, ‘dawn raid’ injunctions and freezing injunctions.

Jack has experience as sole counsel in the High Court as well as having acted as junior counsel in high value Commercial Court litigation.  He regularly handles claims involving serious allegations such as fraud, dishonesty, duress and intimidation.

Jack has also contributed to various chambers publications, including Electronic Disclosure: Law & Practice (OUP), Construction All Risks Insurance [2nd Ed.] and Construction Professional Indemnity Insurance (both Sweet & Maxwell)

Recent and current cases include:

  • La Cotte v Sovereign– fraud claim relating to an alleged scrap metal management joint venture
  • Application in a dishonesty claim arising out of the sale of a franchise
  • Sheikh Tahnoon v Kent [2018] EWHC 333 (Comm)– junior counsel in a four week Commercial Court trial before Leggatt J over dissolution of a joint venture acquiring Mediterranean hotels, involving fiduciary duties, implied contractual duty of good faith in relational contracts, blackmail, and causation requirements in cases of physical intimidation/duress
  • Sheikh Tahnoon v Kent [2018] EWHC 614 (Comm)– consequential judgment concerning the overall successor in the litigation, proportionate costs order and permission to appeal
  • Eerenstein v Baldelli & anors – claim for conspiracy and fraud resulting in lost earnings of £900k
  • Advice concerning issues arising in relation to a witness’s evidence and privilege in a high-value commercial arbitration
  • Poyser v Ariadne – two-day trial acting for director claiming unpaid salary over £100k against former employers
  • River Mounts Jewellery v Maxell Aylwin– successful appeal against a decision to permit relief from sanctions in a claim for the value of jewellery leading to strike out
  • Marshall v Tesco– trial of preliminary issue in claim by credit card holder against bank over defective solar panels, s.12, 75 of the Consumer Credit Act 1974
  • Wood v Indigo Bridge successfully opposed a pre-action disclosure application in relation to a development joint venture
  • Hussain & Hussain v Rivzi & Dallas Chicken and Ribs Ltd– successful application to strike out a claim brought against a franchisor arising out of a sale of the franchise. Jack acted as sole counsel against a commercial silk

Commercial Landlord & Tenant

Jack accepts instructions to act in all manner of commercial landlord and tenant disputes, including rent, disrepair, breach of covenant, public house disputes, forfeiture proceedings, possession and reinstatement injunctions.

Recent cases include:

  • Lewis v Snedden – long running forfeiture claim for wrongful use of café premises
  • Foundation v M7 – cladding dispute
  • Nguyen v Ozdemir – successfully defending a claim for costs related to a breach of an alterations clause
  • Advising haulage company about restrictive covenants affecting proposed site for purchase
  • Sunflower v Willow – obtaining without notice injunctive relief requiring management company to reconnect electricity supply
  • Four Seasons v Morden Properties Ltd – acting for landlord opposing urgent application on two hours’ notice for an injunction to reinstate
  • Sangerwal v Sparquote – opposed urgent application for injunctive relief allowing financial services user
  • Home Bargains v A – acted for landlord in roof disrepair claim for loss of profits
  • Karol v BCF – service charge dispute
  • Lookmark v Attwall & anors – acted for the landlord opposing application for an injunction requiring reinstatement following re-entry
  • Carphone Warehouse v Coal Pension Properties – LTA 1954 renewal
  • Proxima v Daulatzai – claim for damages for trespass and injunctive relief after a licence to use an outdoor was revoked

Leasehold & Leasehold Management

Jack accepts instructions concerning all issues arising out of long residential leases.  He has a wide experience of forfeiture proceedings and relief applications, right to manage, individual and collective enfranchisement, service charge disputes, applications to determine breaches, and anti-social behaviour and nuisance proceedings.

Jack acts for corporate and individual landlords and tenants and management companies. In addition to the civil courts he frequently appears in the First-tier Tribunal Property Chamber (Residential Property).

Recent cases include:

  • Warwick Mansions v Snel/O’Connor – a number of FTT hearings to determine various service charge disputes concerning such issues as major work to upgrade electric services in a residential block and demands for contributions towards a sinking/reserve fund
  • Marksglade v Edun – application for determination of breach regarding improvement
  • Eerenstein v Baldeli – successful opposition to appeal against applications to set aside default judgments in service charge proceedings issued after the death of one of the lessor’s
  • Imagine v Bedwin St – acting for tenant in two-day FTT trial concerning service charges, major works, s.20ZA LTA 1985 dispensation, s.20 LTA 1985 order
  • Shimizu v Blumenthals – service charge dispute
  • Anjarwalla v 5 Warrington Crescent – acting for lessee successfully defending claim for service charges owed by predecessor, recovered costs, s.20C LTA 1985 order
  • Jobanputra v Dimitriadis – trial of leasehold enfranchisement claim
  • Holding v Aderohunmu-Adeniyi – claim under rent charge
  • FIT Nominees v Spencer – service charge dispute
  • Learner v Clauson – acted for the landlord in a residential dilapidations claim settled at over £50k
  • Point West v Zaman – dispute over service of demands for service charges
  • Richards v Torplus – appeared for the tenant in a successful challenge to all service charges, recovered full costs

Real Property & Mortgages

In real property and mortgage work Jack has a strong advisory and court practice.  He frequently deals with adverse possession, trespassers, options, easements, rent charges, property damage and boundary disputes. In relation to mortgages Jack handles enforcement proceedings, possession and receivership claims, issues related to priority of interests and defective charges, s.36 AJA 1970 and injunctive relief.

Recent cases include:

  • Foundation v M7 – involved in pre-action disclosure application for cladding reports
  • Involved in preparing a claim to restrain interference with a right of way
  • Numerous High Court possession proceedings against defendants trespassing and fly-tipping in green and warehouse spaces owned by a London Borough
  • Sparquote v Sangerwal – acted for the landlord opposing application for interim injunctive relief permitting tenant’s re-entry into premises used for banking services
  • Advice in relation to freehold ownership of a cricket recreation ground in Wales, involving consideration of history over conveyances over 30 years
  • Natwest v Mokarram – claim for injunctive relief preventing interference with sale of property
  • Pearson v Mortgage Works – successfully opposed High Court claim for injunctive relief against receivers restraining dealing with property
  • Harris v Morrin – acted for landowner in relation to claim for injunctive relief restraining neighbour’s trespass and boundary claim
  • Wood & anors v Sammons – application to postpone date for possession under order for sale made following fraud proceedings for £1.5m related to a painting

Trusts of Land

Jack has acted in numerous disputes between co-owners of land regarding their beneficial ownership, involving express trusts, common intention constructive trusts and resulting trusts.  He understands the legal, evidential and strategic issues specific to these types of dispute.

Recent cases include:

  • Dahou v Dahou – 5 day trial before HHJ Evans with 12 witnesses over ownership of property going back to the late 1980s
  • Chopra v Chopra – various dispute over ownership of properties in a residential property portfolio
  • Summerfield v Herne – acted for registered proprietor in claim for possession, defended on basis of beneficial interest and/or proprietary estoppel arising out of development joint venture

Housing (Social & Privately Rented)

Jack’s housing practice encompasses disputes between residential landlords and tenants relating to all kinds of tenancies.  (For long residential leases, please see his Leasehold & Leasehold Management tab.)  These include possession proceedings, anti-social behaviour injunctions, and contempt and committal proceedings.  He acts for private landlords, local authorities, housing associations and managing agents and tenants.

Recent cases include:

  • Metropolitan v Henderson – possession and disrepair trial
  • Thirvuasagam v Williams – claim and appeal involving defence that s.33, HA 2003 (where it applies) mandates service of a notice to quit only in order to gain possession
  • Metropolitan v Dosso – possession order for subletting and unlawful profit order over £30k for “blatant and reprehensible” breach
  • Billericay Housing Co-Op v Bunting – two-day County Court trial concerning succession under the Rent Act 1977
  • Hyde v Harris – anti-social behaviour claim involving exclusion order, defendant with mental health issues
  • LB Sutton v Dorling – acted for landlord in anti-social behaviour issue, violent elderly tenant committed for contempt
  • Newlon v Angol – committal proceedings concerning capacity to understanding injunction
  • Metropolitan v A – claim possession with public law defence relating to defendant’s schizophrenia
  • Metropolitan v Olivacce – limited civil restraint order made against tenant for repeated applications to stay without merit
  • London & Quadrant v Barnett – acted for landlord in claim for possession on the grounds of drugs related crime
  • Metropolitan v Murray – anti-social behaviour injunction, exclusion order made following arson threats
  • LB Sutton v Nixon – committal proceedings
  • Hussain v Hunter – opposed application for relief from sanctions on an appeal against decision not to set aside a possession order

Professional Negligence

Jack has a busy professional negligence practice, in particular in relation to claims against legal professionals.  He also acts in claims against property professionals (such as surveyors, architects and estate agents), financial advisers, tax advisers, accountants, insurance brokers, directors & officers, and trustees & executors.  He acts primarily for defendants and much of his work is insurer-backed, though he also accepts instructions from claimants.  Jack’s property background gives him a decided advantage in negligence claims related to property and property transactions.

Recent cases include:

  • Acting for the claimant in a claim arising out of alleged failures leading to the purchase of a property with hidden defects
  • Acting for defendant solicitors in a claim related to a sale of property with complex limitation issues
  • Acted for a home buyer with a claim against her surveyor related to a undiscovered rat infestation
  • Recently acted for defendant firm of solicitors in relation to a claim for £100k arising out of the firm’s conduct of the defence of various claims against the claimant by his former clients
  • Junior counsel in high value claim against a firm of solicitors and barrister for negligent advice in the course of unsuccessful litigation, resolved pre-action by mediation
  • AB v Nationwide – disclosure application before Morgan J in the ‘Right to Buy’ litigation
  • Advice concerning a claim against a firm of solicitors regarding the assignment of a business lease without car parking spaces
  • Instructions from insurers in relation to numerous claims against solicitors firms in which SRA had intervened
  • Numerous cases acting for family solicitors facing allegations of negligence in the conduct and settlement of ancillary financial relief applications in divorce proceedings, often involving issues under section 14A of the Limitation Act 1980
  • Price v Hickman & Rose – appearance before Edis J for defendant solicitors in appeal proceedings against a refusal to permit a party to be joined to the proceedings

Professional Indemnity Insurance

Jack has developed a practice advising insurers in relation to coverage issues arising out of professional indemnity insurance policies alongside his professional negligence practice.

He is a contributor to Contributor to Construction Professional indemnity Insurance (1st edition, 2018).

Professional associations

  • Commercial Bar Association
  • Property Bar Association
  • London Common Law & Commercial Bar Association
  • Professional Negligence Bar Association
  • Young Fraud Lawyers Association

Publications

Qualifications

  • City Law School, GDL & BPTC (Outstanding) – Senior Scarman Award, Stephen Seabrooke Memorial Prize, Lord Denning Scholarship.
  • University of Bristol, BA Hons (History) (First) – highest dissertation.

CSR

Jack undertakes a considerable amount of pro bono work.  He accepts cases from the Bar Pro Bono Unit and as part of the CLIPS programme.

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