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Jonathan Gaunt QC

Called 1972Silk 1991

Jonathan Gaunt QC

Jonathan Gaunt has a wide practice in the field of property law which includes landlord and tenant topics, such as rent review, enforcement of covenants, break clauses and leasehold enfranchisement and real property areas such as easements (concerning which he is joint editor of the leading textbook, Gale), restrictive covenants, specific performance of land contracts and the interpretation of development agreements. Recent years have seen him conducting a number of leasehold enfranchisement cases in the Court of Appeal and advising regularly on issues concerning mines and minerals (e.g. Coleman v. Ibstock Brick Ltd).

Joint Head of Falcon Chambers

  • Education
    • University College Oxford where he read classics (Mods and Greats).
  • Professional
    • Called 1972, Lincoln's Inn (Mansfield Scholarship)
    • Took Silk in 1991
    • Bencher of Lincolns' Inn, Deputy High Court Judge
    • Past Chairman of the Property Bar Association
  • Recent Cases
    • Co-op Bank v Hayes Freehold [2016]EWHC 2068 (Ch) (Implied term in Deed of release of Guarantor)
    • Winterburn v Bennett [2016] 2P&CR 11 (CA) (Right to park; prescription negatived by “vi”)
    • Generator Developments v LIDL UK [2016] EWHC 814 (Ch) (Pallant v Morgan equity; constructive trust).
    • Airport Industrial Nominees v Heathrow Airport Ltd [2015] EWHC 3753 (Ch) – (Parking rights at Heathrow Airport)
    • Kingston upon Hull City Council v Superstadium Management Co Ltd LTL 23/12/2015 – (Alterations to sports hall)
    • Parmar v Upton [2015] EWCA Civ 795 – (Boundaries – Hedge and Ditch Presumption)
    • Safin (Fursecroft) v Badrig [2015] – (Relief against Forfeiture)
    • West is West Distribution Ltd v Icon Film Distribution Ltd [2015] EWHC 838 (Comm) – (Breach of film distribution agreement)
    • Davies v Davies [2015] – (Proprietary Estoppel)
    • Regent Wealth v Wiggins [2014] L&TR 29 (collective enfranchisement)
    • Wood & Anor v Waddington [2014] EWHC 1358 (Ch)(rights of way, easements)
    • Dillard v F&C Commercial Property Holdings Ltd [2014] EWHC 1219 (QB)(the meaning and effect of a deed intended to regulate disputes in relation a party wall, and the distinction between an appeal properly so-called and a challenge to an award made without jurisdiction)
    • Telford Homes (Creekside) Limited v Ampurius Nu Homes Holdings Limited [2013] EWCA Civ 577 (CA)(Repudiatory Breach of Development Contract)
    • Kutchukian v Trustees of John Lyons Charity [2013] 1 WLR 2842 (CA)(Enfranchisement of Flats)
    • Lancashire Insurance Co Limited v MS Frontier Reinsurance Limited [2012] UKPC 42(Specific Performance – Rescission)
    • Lexgorge Limited v Howard de Walden Estates Limited [2012] 1 WLR 2884 (SC) Meaning of “house” in LRA 1967)
    • Berrisford v Mexfield Housing Corporation Limited [2011] 3 WLR 1091 (SC)(Uncertainty of Term of Lease)
    • Multiveste 226 BV v NI Summer Row Unitholder BV [2011] EWHC 2026 (Ch)(Damages for Breach of a Development Contract)
    • Glentree Estates Ltd v Favermead Ltd [2010] EWCA Civ 1473 (Estate Agents Commission)
    • London Tara Hotel Ltd v Kensington Close Hotel Ltd [2012] 1 EGLR 33 (CA) (Ch) (Right of way)
    • Star Energy v Bocado SA [2010] 3 WLR 654 (SC) (Damages for Trespass by underground oil extraction)
    • Fraser Islington Ltd v Hanover Trustee Co Ltd [2010] EWHC 1514 (Ch) (Specific Performance)
    • Grosvenor Estate Belgravia v Klaasmeyer [2010] UKUT 69 (LC) (Price for enfranchisement)
    • Bellway Homes Ltd v Beazer Homes Ltd [2011] EWCA Civ 15 (Shareholders Agreement)
    • Akzo Nobel UK Ltd v Arista Tubes Ltd [2010] EWCA Civ 28 (Break clause)
    • Van Dal Footwear Ltd v Ryman Ltd [2010] 1 WLR 2018 (Damages for disrepair)
    • Gregory Prospects (Halifax) Ltd v Tenpin Ltd [2009] EWHC 2639 (Ch) (Agreement for Lease)
    • Eastleigh BC v Town Quay Developments Ltd [2009] EWCA Civ 1021 (Term implied that consent not to be unreasonably withheld)
    • Ackerman v Lay [2008] EWCA Civ 1428 (Effect of notice under S.42 of LRH UDA 1993)
    • Sava v. SS Global Ltd [2008] EWCA Civ 1308 (adverse possession)
    • Town Quay Developments Ltd v. Eastleigh B.C. [2008] EWHC 1922 (Ch) (withholding consent)
    • Bocardo SA v. Star Energy UK Onshore Ltd [2008] EWHC 546 (Ch) (damages for trespass by mining)
    • Coleman v. Ibstock Brick Ltd [2008] EWCA Civ 73 (mines and minerals)
    • McDonalds Real Estate LLP v. Arundel Corpn. [2008] EWHC 377 (Ch) (rent review)
    • Grosvenor Estate v. Regis Group (Barclays) Ltd [2007] 3 EGLR 81 (enfranchisement price)
    • Kensington Heights v. Campden Hill Developments [2007] Ch 318 (CA) (LTA 1987)
    • Cameron Ltd v. Rolls-Royce Plc [2007] EWHC 546 (Ch) (Lease or Licence)
    • Ali v. Lane [2007] 1 EGLR 71 (CA) (boundary dispute)
    • National Grid Gas Ltd v. Lafarge Aggregates [2006] EWHC 2559 (Ch) (mining; compensation)
    • Redwell Investments Ltd v. 1-3 Cuba Street Ltd [2005] EWCA Civ 1799 (conveyancing)
  • Publications
    • He was one of the editors of the Landlord and Tenant Volume of Halsbury's Laws of England (Vol 27), having re-written the sections on repairing covenants, rent and rent review for the 1994 Re-Issue. He is also the joint editor of the 19th Edition of Gale on Easements (2012)
"Regularly represents clients in matters concerning enfranchisement, rent review and enforcement of covenants. Strengths: 'He’s terribly good at writing opinions, is very quick at turning around papers and is ruthless in court.' 'He is obviously very knowledgeable: when it comes to easements he wrote the book.' Recent work: Acted for Generator Developments in a case against LIDL supermarket concerning whether a constructive trust was created following a failed joint venture for the acquisition of land for development." Chambers UK Guide 2018 (Real Estate Litigation)
"An experienced property advocate with a broad based rural practice. His expertise covers such disparate topics as mineral rights, easements and landlord and tenant matters. Strengths: 'A very effective advocate who is very knowledgeable on all aspects of property law.' Recent work: Acted in the long running estoppel case of Davies v Davies, which concerned a family farm." Chambers UK Guide 2018 (Agriculture & Rural Affairs)
"Very thorough, but also cuts to the chase".Legal 500, 2017 (Property Litigation)
"Very impressive – at the top of his game".Legal 500, 2017 (Agriculture)
"Jonathan Gaunt QC is 'an authority' with a wealth of experience handling landlord and tenant issues. Sources praise his 'encyclopaedic knowledge of the law' and his 'calm, measured approach'."Who's Who Legal 2017
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