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JonWilby

Coventry, United Kingdom

0 Testimonials
1 Case studies
0 Articles

Summary

Practice Areas:

  • Commercial Litigation
  • Alternative Dispute Resolution
  • Boundary Disputes
  • Building Work Disputes
  • Civil Litigation
  • Commercial Property Litigation
  • Contract Disputes
  • Debt recovery
  • Insolvency
  • Landlord and Tennant
  • Partnership Disputes
  • Professional Negligence
  • Shareholder Disputes
Band Hatton Button

I am Head of the Litigation Department at Band Hatton Button and also compliance partner with partnership responsibility for client care, professional quality and risk management.

I moved to Coventry to study for a Business Law degree and first joined Band Hatton for a year’s work experience in 1987.

With 30 years’ experience as a litigation practitioner, my particular areas of specialism are commercial and business disputes, including in particular commercial property and construction disputes which often involve related issues such as insolvency and debt recovery.

Advising and representing clients in these areas of law requires understanding of each client’s particular needs and objectives as well as technical knowledge and experience to give the right advice when it is needed in order to secure the right outcome. I have experience of litigating cases in all areas of the courts & tribunals and work with an established network of professionals.

I have represented clients at mediations and in adjudications as a means of settling disputes without the expense and uncertainty of court proceedings.

Costs are always an issue in litigation cases and I will provide a clear estimate of costs for each stage of the process togetherwith plain advice about funding options and costs liabilities.

My initial approach to each case is to understand who & what it is about, the commercial objectives and to outline how we can help with clear advice about options, costs procedure and timescales.

 

 

Previous Employment

Band Hatton LLP1987 - 2014

I trained & qualified at Band Hatton, becoming a partner in 1998.

Experience

A general commercial litigation background but with particular expertise in Commercial Landlord & Tenant disputes and Construction disputes. Advising and representing clients in all courts & tribunals including County Court, High Court, Court of Appeal, House of Lords (1 case went that far), The High Court in Ireland, Property Tribunal, Land Registry Adjudication and all aspects of dispute resolution including mediations, round table settlement meetings & adjudication. 

Recent cases include:

  • Defending a High Court claim for a commercial Landlord of UK Headquarter premises which settled at mediation- I represented the clients at the mediation.
  • Possession & eviction proceedings against travellers.
  • A successful application to remove land from green belt that went to a public Inquiry.
  • Bringing a construction claim in the Technology & Construction Court.
  • A claim for rectification of a transfer of development land with a potential value of c. £40m.
  • Opposed lease renewal proceedings under The Landlord & Tenant Act 1954.
  • Construction adjudication proceedings.
  • Forfeiture of commercial leases.
  • Enforcement of breaches of tenants covenants under S146 Landlord & Tenant Act 1925.
  • Shareholder disputes (including unfair prejudice) and Partnership disputes under The Partnership Act 1890.

Current (ongoing) cases include:

  • Enforcement of lease guarantees following insolvency of the tenant (Landlord & Tenant Covenants Act 1995).
  • Re-possession of property in Cyprus.
  • Challenging a deed of guarantee on grounds of undue influence, fraud & duress.
  • Defending a claim for relief from forfeiture.
  • Lease renewal proceedings.
  • Trespasser possession proceedings.
  • Claims for dilapidations following termination of business leases.
  • A claim for misrepresentation of grounds of opposition to the renewal of a business lease.

Education

Coventry

University

1984 - 1988

Business Law LLB (Hons)

Testimonials

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Case Studies

Trustees of the Coventry School Foundation v Whitehouse and others [2013] EWCA Civ 885

I acted as the Solicitor for the Claimants in the reported case of Trustees of the Coventry School Foundation v Whitehouse and others [2013] EWCA Civ 885. The case concerned a restrictive covenant on land to prevent nuisance. The Claimants were permitted to build a school on the affected land as use of the school would not, itself, cause a nuisance to neighbouring owners. Expert evidence was required as to traffic management, noise, environmental pollution and property valuations. The case involved representative defendants who were represented by a leading QC. The Defendants applied for permission to appeal to the House of Lords (now The Supreme Court) which was successfully opposed.

Articles

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Published Cases

The All England Law Reports [2013] All ER (D) 216 (Jul)
Trustees of the Coventry School Foundation v Whitehouse and others Source: All England Reporter Publisher Citation: [2013] All ER (D) 216 (Jul) Neutral Citation: [2013] EWCA Civ 885 Court: Court of Appeal, Civil Division Judge:

Mummery, McCombe and Beatson LJJ

Representation Edward Denehan (instructed by Band Hatton LLP) for the claimant.   Michael O'Brien QC and Kevin Farrelly (instructed by The Law Partnership LLP) for the defendants. Judgment Dates: 18 July 2013 Catchwords

Restrictive covenant affecting land - Benefit of covenant - Land benefited - Claimant acquiring land subject to restrictive covenant - Covenant prohibiting, inter alia, noise and nuisance - Claimant proposing construction of school - Claimant seeking declarations development not breaching covenant - Defendants asserting construction of school breaching covenant by nuisance and annoyance caused by increased traffic to area - Judge finding traffic caused by proposed construction being likely to cause nuisance or annoyance - Claimant appealing - Whether judge erring.

The Case

Restrictive covenant affecting land Benefit of covenant. The claimant owner of land sought a declaration that a restrictive covenant burdening its land could not be enforced by the defendant owners of nearby property. The covenant had prohibited the causing of a nuisance or annoyance. The claimant had planned to build a school on the land along with an access road, and the defendants contended that the increase in traffic would cause a nuisance or annoyance. The Court of Appeal, Civil Division, held that the covenant only prohibited activities that took place on the burdened land and the defendants' objections had related to nuisance or annoyance taking place by way of lawful use on a public highway.


Press Cuttings

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Achievements

Awards

Coventry & Warwickshire First

Professional of the Year 1999-2000

1999

Associations & Memberships

Coventry & Warwickshire First - since 2016

Board Member

Rotary Club of Coventry - since 1995

Professional network engaging in Community & Charity work

The Law Society of England & Wales - since 1995

Solicitor's professional membership body.

Coventry 2021 City of Culture bid 20/20 club - since 2016

Supporters and sponsors of the Coventry bid for UK City of Culture status 2021

Coventry & Warwickshire Champions - since 2015

Promoting business opportunity in Coventry & Warwickshire.

The Coventry Belgrade Theatre Directors Club - since 2014

Promoting & supporting the Belgrade theatre & its role in the business community.

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