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Stephen Jourdan QC

Called 1989Silk 2009

Stephen Jourdan QC

Areas of practice A wide ranging practice covering all aspects of property and agricultural litigation, including insolvency, partnership, professional negligence, animal health and pollution claims, and acting as arbitrator and independent expert.

  • Education
    • Trinity College, Cambridge (1981-4): Entrance and Senior Scholar; MA (Cantab.) in law (1st)
  • Professional
    • Deputy High Court Judge
    • Recorder (Civil)
    • Judge of the Property Chamber of the First Tier Tribunal (formerly Deputy Adjudicator to HM Land Registry).
    • Joined Falcon Chambers (then 11 King's Bench Walk) in 1990
    • 1985 - 1989: Solicitor at Theodore Goddard, working in property litigation and commercial property
  • Recent Cases
    • Crown Estate Commissioners v Whitehall Court London [2017] UKUT 0242 (LC) Upper Tribunal (Lands Chamber).  The “no-Act rights” assumption in Sch 13 para 3 applies to the building and not just the flat. The headlease required all money received by the headlessee from underlessees to be shared with the freeholder, even if the transaction was not permitted under the headlease.

    • Kingsbridge Pension Fund Trust v Downs [2017] UKUT 0237 (LC) (Upper Tribunal (Lands Chamber)). On a s.50 Agricultural Holdings Act 1986 succession application, the livelihood condition only needs to be satisfied for the 7 years up to the date of the retirement notice, and not also the 7 years up to the hearing.

    • Artist Court Collective Ltd v Khan [2016] EWHC 2453 (Ch) (High Court). A disposal by a trustee to a beneficiary was not a “relevant disposal” under the Landlord and Tenant Act 1987.

    • McDonald v McDonald [2016] UKSC 28 (Supreme Court). The Human Rights Act 1998 does not provide a defence to a claim to possession by a private landlord under an assured shorthold tenancy.

    • Gladman Developments v Sutton [2016] EWHC 1597 (Ch) (High Court) No oral agreement had been entered into for the promotion of land for development.

    • Sloane Stanley v Mundy [2016] UKUT 223 (LC) (Upper Tribunal (Lands Chamber)). An analysis of pre-1993 sales using hedonic regression was not a reliable method for ascertaining the relative value of leases in the present market.

    • Ham v Bell [2016] EWHC 1791 (Ch) (High Court). A farm was not an asset of a family farming partnership, despite having been treated in the accounts as such.

    • Dickinson v UK Acorn Finance [2016] HLR 17 (Court of Appeal). It was an abuse of process for mortgagors to seek to rely on the unenforceability of a secured loan under the Financial Services and Markets Act 2000 s.26 two years after a possession order had been granted.

    • Jewelcraft Ltd v Pressland [2016] 1 P & CR 9 (Court of Appeal). A purpose-built shop with a flat over was a “house” for the purposes of the Leasehold Reform Act 1967.

    • Royal Mail Estates v Maples Teesdale [2015] EWHC 1890 (Ch) (High Court). S.36C(1) of the Companies Act 1985 makes a person who signs a contract in the name of a company not yet formed liable on the contract, even if the contract says that it is personal to the company. Under appeal to the Court of Appeal.

    • Safin (Fursecroft) v Badrig [2015] EWCA Civ 739 (Court of Appeal). The power of the Court to extend time in consent orders where the parties had agreed that time was of the essence.
      Woodhouse v Besent [2015] 3WY00170 (HHJ Hughes QC, Winchester CC). The landlord of a large dairy farm was not estopped from denying that there were succession rights.

    • Thomas v Albutt [2015] EWHC 2187 (Ch) (High Court). Negligence claim against a barrister who acted in a planning judicial review claim.

  • Publications
    • Consultant Editor for the title "Boundaries" in vol 4 of Halsbury's Laws 5th ed (2011)
    • "Adverse Possession" 2nd ed. (2011)
  • Awards
    • Winner of the ERMA Barrister of the Year Award 2013.
    • Nominated for the Chambers Real Estate Silk of the Year Award 2012.
Nominated for the Chambers Real Estate Silk of the Year Award 2012.
“Has an extremely wide property and agricultural law practice and also handles property-related insolvency, partnership and professional negligence claims. Strengths: ‘He is excellent. He is very intelligent, and he gets right to the heart of the issues very quickly.’ ‘Stephen’s vast experience shines through when he is advising.’ Recent work: Successfully achieved summary judgment application for the defendant in a case that was an interpretation of Section 36C of the Companies Act 1985.” Chambers UK Guide 2017 (Real Estate Litigation)
"Garners praise from all corners, and is a known leader in rural property matters. He’s renowned for his expertise in landlord and tenant disputes and those concerning farming partnerships. Strengths: 'What you get is forensic attention to detail and complete mastery of the documents. He’s an absolute rock you can rely on; you know you’re in the best possible hands.' Recent work: Represented a farmer in defending a right of way over neighbouring land. The court found in favour of Mr Jourdan’s client, as his use of the land for food production was a correct interpretation of the right of way agreement from 1991." Chambers UK Guide 2017 (Agriculture & Rural Affairs)
"Stephen Jourdan QC draws praise for his property litigation practice. One client is particularly effusive: 'He is incredibly precise, clearly has a grip on all the detail and lets you know you are in incredibly safe hands'."Who's Who Legal 2017
"Meticulous attention to detail and a commanding presence in court."Legal 500, 2016
Winner of the ERMA Barrister of the Year Award 2013.
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