Jonathan O’Mahony

Call 2000

Jonathan has a broad general commercial chancery practice covering business disputes and professional negligence, insolvency, company, property and trusts of land. His professional approach is combined with a friendly and easy going manner.

In the insolvency field, Jonathan has acted for trustees and liquidators in a number of trials and interim matters before High Court Judges, Masters and Registrars. He has appeared for liquidators in applications for declaratory and consequential relief arising from misfeasance, wrongful and fraudulent trading, transactions at an undervalue, preferential transactions and transactions defrauding creditors. He has also acted for trustees seeking to realise assets in a bankruptcy and for bankrupts and third parties seeking to rescind or annul bankruptcy orders.

In the property field, Jonathan has appeared in the High Court and the County Court and before specialist tribunals including the Land Registry Adjudicator, the Leasehold Valuation Tribunal and more recently the First Tier Tribunal (Property Chamber). He has experience of claims involving trusts of land, enfranchisement, dilapidations, service charge disputes, boundary disputes and rights of way.

Jonathan has a broad  professional negligence practice which particularly encompasses advise and advocacy relating to all issues arising from these specialist areas of his practice

  • Cases of interest

    Company Commercial

    • (2015) Broadbent v Ellis: injunction applicatio by partner in joint venture accusing co-partner of fraud and dissipation of assets.
    • (2014) JSC Bank of Moscow v Kekhman: trial of committal proceedings brought by Russian bank against purported de facto director of BVI companies for breach of WFO.
    • (2013) Capital Bond v Pincourt Ventures: injunction application before Norris J in support of default judgment
    • (2012) American Express v Uphill: trial of claim by bank for credit card payments and counterclaim for breach of contract
    • (2011) Burrows Communications Limited v London Boroughs: trial before Richard Salter QC in High Court concerning agency (implied/ostensible), certainty of terms and calculation of loss of profit.
    • (2009) Amin v Amin [2009] EWHC 3356: trial before Warren J in partnership, trust and company law dispute.
    •  (2010) Amin v Amin [2010] EWHC 528: quantum merit claim in partnership action.
    • (2010) Amin v Amin [2010] EWHC 827: costs claim in main action.
    • (2010) Ulster Bank v Beech Valley Development: application for rectification of company register.

    Insolvency

    • (2015/6) Elia v Hill and E.Clear: acting for discharged bankrupt and mother in longruning claim brought by trustees/liquidators seeking to realise high value real property said to form part of the bankruptcy estate/company’s assets available for distribution.
    • (2014)  JSC Bank of Moscow v Kekhman [2014] B.P.I.R. 959: leading case on annulment of a bankruptcy order where debtor is a foreign national who petitions on the basis of presence in the jurisdiction.
    • (2012) Chadwick v Aziz &Haque: trial of claim by trustee to an interest in property claimed to be beneficially owned by third party.
    • (2011) Junestar Limited (in liquidation) & Hunt v Huseyin: trial before HHJ Cooke against former directors alleging fraud, breach of fiduciary duty, wrongful trading
    • (2010) Abbey Forwarding (in liquidation) v Hone [2010] EWHC 2029 (Ch): trial Lewison J against company directors alleging fraud and breach of fiduciary duty in connection with excise duty and VAT assessments
    • (2010) Argles v Fox: represented respondent trustee in an application before Vos J for a reduction in payments owed under an IPA entered into with the OR.
    • (2009) Hunt v Yearwood [2009] EWHC B13 (Ch): represented trustee in bankruptcy’s appeal before Proudman J in relation to trustee’s costs judgment.
    • (2009) Hunt v Suleyman: represented liquidator in trial before Chief Registrar involving preference claim.

    Property

    • (2015) Brittany Court Limited v Old Estates Limited: FTT (Property Chamber) CHI/00ML/LSC/2014/0034: determination of reasonableness of service charges hearing, acting on behalf of the landlord.
    • (2013) Toms v Thameside Investments: application in the LVT for the appointment of a replacement manager under s.24 LTA 1987.
    • (2012) Safinia v Queen’s Club Gardens: trial in LVT regarding unreasonable refusal to consent to alterations under s.19 LTA 1987.
    • (2012) Favell v Favell: trial between father and son before Simon Brown QC regarding beneficial interest held in property.
    • (2012) Hartington Court Residents’ Association Limited v Leaseholders: application in LVT by landlord company to vary leases under s.35 LTA 1987
    • (2011) Harwell International v Launcelot Properties Limited: hearing in LVT in an application for the determination of an appropriate premium in lease extension claim.
    • (2011) Cutler v August: dilapidations trial before HHJ Kay QC.
    • (2011) MHS Homes v David Smith: proceedings before HHJ Polden where arguments under the discrimination provisions of the Equality Act 2010 were run.
    • (2010) Butson v Hopkins: trial concerning the meaning and effect of a rent review clause in a lease of commercial premises.
  • Professional memberships

    Inner Temple

    Chancery Bar Association

    Property Bar Association

  • Education

    1985 – 1990 – King’s School, Canterbury

    1991 – 1995  –  Trinity College Dublin MA (1st class) (History) – 1st in year

    1995 – 1996 –  St John’s College, Cambridge MPhil (European Studies) (Distinction)

    1998 -1999 – City University Graduate Diploma in Law

    1999 – 2000 – Inns of Court School of Law Bar Vocational Course

  • Awards

    1992 – Brown Prize – Trinity College, Dublin (1st in year)

    1993 – Foundation Scholar –  Trinity College, Dublin

    1995  – Lyster Fund and Cluff Memorial Prize (1st in year), Cambridge European Trust Award, British Academy Award – Trinity College, Dublin (1st in year)

    1998 – Inner Temple Bursary

    1999 – Inner Temple Bursary

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