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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
    • Starham v Greene King (2 November 2017, unreported) Central London Chancery List. A right to use land granted in 1855 was neither an easement nor a restrictive covenant but a licence, and therefore did not bind a successor in title to the grantor. 

    • Persimmon v Ashfield Provincial Properties (10 October 2017, unreported) High Court. It would be wrong to grant summary judgment declaring that a development agreement remained in effect when documents might be disclosed as to the factual background relevant to the interpretation of the agreement. There were also factual issues relating to causation and whether time had been made of the essence which could not be determined summarily.

    • 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.
"Has an extremely wide property and agricultural law practice and also handles property-related insolvency, partnership and professional negligence claims. Strengths:'He is very commercial, pays fantastic attention to detail and deals with cases involving very complex valuation issues and economic theories.' 'He’s extremely well organised, very bright and a strong advocate.' Recent work: Successfully appeared in the Supreme Court in a case concerning the right of a landlord which is not a PUN authority to recover possession from a tenant under Article 8 of the ECHR." Chambers UK Guide 2018 (Real Estate Litigation)
"Well known agricultural law specialist, receiving outstanding feedback from peers. He regularly represents family farming partnerships and the individual members thereof, and also routinely handles landlord and tenant disputes. Strengths: 'He has a lot of authority: he sets the tone, pace and boundaries of a debate. The court and opposition simply have to try to keep up with him.' Recent work: Acted in farming partnership dispute Ham v Bell, successfully proving that the farm was not an asset of the partnership." Chambers UK Guide 2018 (Agriculture & Rural Affairs)
"His preparation is rigorous and he is someone you turn to when pulling out all the stops".Legal 500, 2017
"Highly recommended for family farming partnership disputes".Legal 500, 2017 (Agriculture)
"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
Nominated for the Chambers Real Estate Silk of the Year Award 2012.
Winner of the ERMA Barrister of the Year Award 2013.
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