Jonathan Karas KC

Jonathan has appeared in numerous leading cases. His practice embraces all aspects of land law and related areas including

• Complex commercial transactions and leases
• Rights over land including rights of light
• Planning and compulsory purchase
• Valuation disputes (including in the context of rating and taxation)
• Minerals, manorial rights, commons and greens
• Rural affairs (including agriculture and forestry)
• Water (including waterways, canals and sewerage and water infrastructure)

His expertise makes him a natural choice in cases where property, planning and public law issues coincide or collide.

Jonathan regularly acts in arbitrations (the details of which are confidential) and is himself an arbitrator. He is a FCIArb, a member of the Agricultural Law Association Disputes Resolution Panel and a member of Falcon Chambers Arbitration.

• Education

  • MA (Oxon)

  • Dip Law (City University)

• Professional

  FCIArb

  Member of:-

  • Agricultural Law Association
  • Chancery Bar Association
  • Planning and Environmental Bar Association
  • Property Bar Association
  • Compulsory Purchase Association.

   

  Before taking silk he served on the ‘A' Panel of Junior Counsel to the Crown (2000-2006) and before that on the Supplementary Panel of Junior Counsel to the Crown (Common Law) (now the ‘B' Panel) (1995-2000). He regularly acts for and advises public authorities.

• Recent Cases
  • Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No. 2) [2024] UKSC 22. Jonathan led a team of counsel representing United Utilities in the leading case on the entitlement of owners of watercourses to maintain claims in nuisance against sewerage undertakers for discharges of polluting water into watercourses. The case also confirmed Marcic v Thames Water plc [2003] UKHL 66 remained good law and that the only remedy for sewer flooding due to the inadequacy of sewerage infrastructure was through the statutory scheme.
  • Grantor v Grantee [2023] UKUT 23 (UK) (successfully representing the grantee in case concerning previously undecided issue of Upper Tribunal’s jurisdiction to award costs when exercising its arbitral functions in context of compensation code).
  • Manchester Ship Canal Company v United Utilities [2019] EWHC 1495 Ch (successfully represented United Utilities in a case which reviewed the law of abuse of process and issue estoppel)
  • United Utilities (Eccles Wastewater Treatment Works) CPO 2016 Public Inquiry 2018-19 (working with James Strachan QC and junior counsel in successfully promoting the first use of compulsory purchase powers by a sewerage company to acquire new rights of discharge for a major WwTW).
  • R(Best) v Chief Land Registrar [2016] QB 23 (represented Land Registry in leading Court of Appeal case on illegalility and land registration)
  • Wood v Waddington [2015] EWCA Civ 538 (represented successful appellant in Court of Appeal in leading case concerning rights of way and section 62 of the Law of Property Act 1925)
  • Manchester Ship Canal Company v United Utilities [2014] UKSC 40 (represented United Utilities in successful appeal to Supreme Court establishing continued lawfulness of discharges by sewerage undertakers into watercourses following privatisation)
  • R (Church Commissioners) v Hampshire County Council [2014] 1 WLR 4555 (successfully represented Church Commissioners in opposing registration as village green of substantial area of land outside Winchester)
  • Wood Lane Quorn Public Inquiry (2014-2015) successfully represented Tarmac Lafarge in opposing development which prejudiced Mountsorrel quarry
  • HKR UK (CHC) II Ltd v Heaney (retained in the Court of Appeal as leading counsel for respondent) [2011]
  • Sheffield City Council v Wall and Ingham [2010] EWCA Civ 922 (leading case on statutory rights of succession, the setting aside of possession orders and overriding leases
  • R (Primary Health Investment Properties Ltd) v Secretary of State for Health [2009] EWHC 519 (Admin) (successful challenge to the Valuation Office Agency's role in setting current market rents for NHS premises
  • R (Mayor of London) v First Secretary of State [2008] EWHC 631 (Admin) (the first case considering the Secretary of State's powers to award costs planning inquiries against the Mayor of London)
  • Richard Parsons Ltd v Bristol City Council [2007] EW Lands ACQ 190 2006 (Lands Tribunal decision on how onerous leases should be taken into account in the assessment of compensation on compulsory acquisition)
  • Oxfordshire County Council v Oxford City Council [2006] UKHL 25 (leading House of Lords case on the law of town and village greens)
  • R (Sinclair Gardens Investments (Kensington) Ltd) v Lands Tribunal [2006] 1 EGLR 7 (amicus to the Court of Appeal: decision on jurisdiction of High Court to review decisions of Lands Tribunal)
  • R (Whitmey) v Commons Commissioners [2005] QB 282 (Court of Appeal decision on jurisdiction of local authorities to determine amendments to the commons register)
  • R (Ashbrook) v Secretary of State for Environment, Food & Rural Affairs [2005] 1 ALL ER 166 (procedure for fencing commons)
  • R (Kind) v Secretary of State for Environment, Food & Rural Affairs [2005] EWHC 1243 (vehicular rights over routes shown as bridleways)
  • Midtown Ltd v City of London Real Property Co Ltd [2005] 14 EG 130 (leading case on rights of light in office premises)
  • R (Kanssen) v Secretary of State for Environment, Food & Rural Affairs [2005] EWHC 1024 (duties of public authorities to make 'welfare inquiries' before seeking possession)
  • Hackney LBC v Side by Side (Kids) Ltd [2004] 1 WLR 363 (leading case on the limits on jurisdiction to delay order possession)
  • Wandsworth LBC v Michalak [2003] 1 WLR 617 (an important Court of Appeal case on discrimination in the context of landlord and tenant legislation and the application of the Human Rights Act 1998 in possession actions)
  • Commission for New Towns v J J Gallagher Ltd [2003] 2 P & CR 3 (dedication of highways and presumptions applicable to land adjoining the highway; construction of section 62 of the Law Property Act 1925)
  • Fluor Daniel Properties Ltd v Shortlands Investments Ltd [2001] 2 EGLR 103
  • Secretary of State for the Environment, Transport and the Regions v Baylis (Gloucester) Ltd [2000] 2 EGLR 13 (statutory dedication of highways and the Land Registration Act).
• Publications

  "The Law of Rights of Light" 2016. Wildy, Simmonds & Hill Publishing.  See a book review on Law Gazette: "lluminating guide to a complex area of law" 

  Jonathan is subject editor of Hill and Redman's Law of Landlord and Tenant and author (with David Elvin QC) of Unlawful Interference with Land second edition (2002).

  He has made a substantial contribution to Halsbury's Laws of England being a contributing editor to the Compulsory Acquisition title (1996), editor of the Distress title (2000, 2007 reissues), the Forestry Title (2007 and 2009 re-issues) and editor of Perpetuities and Accumulations volume (2013).

  He has delivered Blundell Memorial Lectures on the award of damages in lieu of injunctions (2007) and the quantification of release fee damages (2014).

  Articles of his may be found on the RICS website, in the Estates Gazette, the Journal of Planning and Environment Law and the New Law Journal.