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Jonathan O'Mahony
Overview
Jonathan O'Mahony was called to the Bar in 2000. After pupillage, from 2001-2004 he spent three years as an Assistant Solicitor at Barlow Lyde and Gilbert, then Slaughter and May. He was educated at Trinity College Dublin (BA - Ist) and St. John's College Cambridge (MPhil).
Jonathan has a broad commercial chancery practice with an emphasis on property and insolvency matters. In addition he has extensive experience in wider areas.
Member of Chancery Bar Association.
Member of Property Bar Association.
Recent Cases:
Property
- Harwell International Management Limited v Launcelot Properties Limited (2011) Represented the applicant before the LVT in an application under s.48 LRHUA 1993 for the determination of an appropriate premium.
- Cutler v August (2011) Three-day dilapidations claim/counterclaim in conversion before HHJ Kay QC in Luton County Court.
- MHS Homes v David Smith (2011) Acted for the defendant in possession proceedings before HHJ Polden where arguments under the discrimination provisions of the Equality Act 2010 were run.
- Butson & Ors v Hopkins [2010] represented claimants in trial concerning the meaning and effect of a rent review clause in a lease of commercial premiese.
- Truegold International v Questrock & Begum [2010] represented first defendant trial in before Cousins J concerning the rights of the assignee of the benefit of option agreement as against occupying commercial tenant.
- Alleyn Court RTM v Hamdan [2010] represented respondent at a hearing before the LVT concerning the validity of notices served by the parties under the right to manage provisions in the CLRA 2002.
- First Co Acquisitions Limited v Uddin v Nextia Properties Limited (2008) represented defendant before HHJ Williams in an application for specific performance of tomlin order in respect of commercial premises.
- John Barlow v Charterhouse Standard Holdings Limited [2009] Land Registry Ref 2008/1622. Represented respondent before Land Registry adjudicator in adverse possession claim pursuant to transiitional provisions of LRA 2002.
- Tandon v Calcott Holdings Limited (2008) Acting for Respondent before LVT in an application for freehold valuation.
- Wilmott v Burnham Court Limited [2007] leasehold enfranchisement hearing before LVT (LEASE website entry 1584).
- Emriclands Investments Limited v Miah [2007] claim under charges where Court had to consider whether payments sought were penalties.
- Plaza Estates v Kronbauer [2007] defending claim for estate agent's commission.
- Powell v Thorpe [2006] application for order for sale by party claiming as beneficial joint owner under constructive trust.
- Martin Goodman v London Borough of Havering [2006] application for relief regarding refusal of consent to assignment of leases.
- Mortgage Express v Rocha-Afodu [2006] application for permission to appeal refusal to suspend warrant for possession.
- Williams v Phillips [2006] application for order for sale by joint owner.
- E.Surv Limited v Sandhu [2006] defence in property fraud claim.
Insolvency
- (1) Junestar Limited (in liquidation) and (2) Stephen Hunt (the liquidator) v (1) Huseyin and (2) others (2011) trial in the High Court before HHJ Cooke under section 212, 213, 214 and 239 Insolvency Act 1986.
- Abbey Forwarding Limited (In Liquidation) v Richard Hone & Ors [2010] EWHC 2029 (Ch) Junior Counsel for claimant in proceedings before Lewison J against company directors alleging fraud and breach of fiduciary duty in connection with excise duty and VAT assessments
- Argles v Fox [2010] represented respondent trustee in an application before Vos J for a reduction in payments owed under an IPA entered into with the Official Receiver
- Hunt v Yearwood Grazette [2009] EWHC B13 (Ch) represented trustee in bankruptcy's appeal before Proudman J in relation to trustee's costs judgment.
- Hunt v Suleyman [2009] represented liquidator in preference claim before Registrar Baister.
- Lewis v Sinclair and Sinclair [2008] represented the respondent in an application before Norris J by the trustee in bankruptcy as to the nature and extent of his interest in the proceeds of sale of properties.
- Hunt v Yearwood-Grazette [2008] trustee's costs application.
- Hickling v Flynn [2007] application by trustee for order for sale of bankrupt's property.
- Robert Hill v Emap Active Limited [2007] BPIR 1228 circumstances in which a stay will be granted pending appeal of a bankruptcy order.
- [2006] application by joint administrators for the extension of the period of administration.
- Airphone Distribution Limited v Barclays [2006] resisting application for administration order.
- 3H Europe Limited v China National Limited [2006] injunction application to restrain presentation of winding up petition.
- EFC Holdings Limited (In Liquidation) [2006] application that company be allowed to continue trading.
- [2006] private examination before Companies Court Registrar.
Company/Partnership
- Burrows Communications Limited v London Boroughs (2011) High Court trial before Richard Salter QC. Breach of contract claim involving agency (implied/ostensible), certainty of terms and calculation of loss of profit.
- Amin v Amin [2009] EWHC 3356. Junior Counsel in four-week trial before Warren J in partnership, trust and company law dispute. See Amin v Amin [2010] EWHC 528 for judgment in quantum merit claim in partnership action and Amin v Amin [2010] EWHC 827 for costs judgment in main action.
- Ulster Bank Limited v Beech Valley Development Limited [2010] application before Registrar Derrett for rectification of company register.
- Emmerson v Piper [2009] applicant in freezing injunction application before Floyd J arising from a company directors' dispute.
- Altman Blane & Co Limited v Brown [2006] claim regarding the enforceability of a guarantee.
General chancery
- [2008] advising in respect of 1975 Inheritance Act claims.
- Rosewell v Skiba [2007] claim in misrepresentation between car dealers.
- Tydings v Tony Paul Estates [2007] professional negligence claim against estate agent.
- Sokhi v Kurani [2007] residential construction dispute regarding defective works.
- Sugunakumar v HSBC [2006] claim in conversion by individual against bank
- Ross v Day [2006] application for permission to give oral evidence.
- Davies v Barclays Bank Trust Company Limited [2006] application for pre-action disclosure against trustee.
- Barclays Bank Trust Company Limited v Grimshaw [2006] application for Beddoe order.
Articles
"Alienation by Commercial Lessees" in Corporate Briefing April 2011
- Prescribed Part and Chargee Shortfalls International Corporate Rescue (2008)
Academic achievements
- 1992 - Brown Prize (1st in year)
- 1993 - Foundation Scholar
- 1995 - Lyster Fund and Cluff Memorial Prize (1st in year)
- 1995 - British Academy Award
- 1995 - Cambridge European Trust Award
- 1998 - Inner Temple Bursary
- 1999 - Inner Temple Bursary
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| Practice Areas |
- Chancery
- Commercial
- Property
- Insolvency
- Company
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