Jay Jagasia

Jay undertakes a wide variety of Commercial work and has a particular interest in Banking & Finance litigation. He is separately recognised in the directories as a leading junior for his Commercial, Professional Negligence, and Banking & Finance work.

Jay has been involved in a number of significant cases.

He also has litigation and advisory experience in the following key areas:

• Contractual disputes
• Banking (Fraud, security realisation, mortgage and redemption disputes, guarantees, derivatives, cheques and bills of exchange)
• Debt claims and asset recovery
• Financial Services and Financial Conduct Authority/Financial Ombudsman Services disputes and public law challenges
• Professional negligence
• SPA and breach of warranty claims
• Agency (including commercial agency)
• Restitution
• Sale and supply of goods and services
• Asset finance and leasing
• Partnership disputes
• Corporate disputes (directors’ duties and misfeasance claims, unfair prejudice and other shareholder disputes etc.)
• Insurance coverage and claims
• Construction
• Consumer credit

Featured Commercial Dispute Resolution cases

Adams v Options SIPP UK LLP (formerly Carey) [2021] Bus LR 1568; [2021] EWCA Civ; [2021] EWCA Civ 1188

A landmark test case in the Court of Appeal concerning Self-Invested Personal Pension mis-selling and extent of duties owed by SIPP providers. Jay instructed as junior counsel in the Court of Appeal.

MDW Holdings Ltd v Norvill [2021] EWHC 1135 (Ch); [2021] All ER (D) 09 (Jun); [2021] EWHC 2043 (Ch)

Alleged breaches under an Sales and Purchase Agreement, principally concerning environmental compliance. Jay instructed as junior counsel in the High Court.

Ceviz v Frawley [2021] EWHC 8 (Ch)

A breach of joint venture agreement. Jay instructed as sole counsel in the High Court.

Anderson v Sense Networks Ltd [2020] Bus LR 1; [2020] BCLC 555; [2019] EWCA Civ 1395; [2019] Bus LR 1601; [2018] EWHC 2834 (Comm)

A landmark case in the Court of Appeal concerning a principal’s responsibility for a ponzi scheme operated by its appointed representative. This case is the leading authority on principal’s liability under s.39 of the Financial Services and Markets Act, and is understood to be the first reported decision which has considered principal’s liability for alleged breaches of SUP. Jay instructed as junior counsel in the High Court and the Court of Appeal.

Norham Holdings Group Ltd v Lloyds Bank plc [2019] EWHC 3744 (Ch)

A claim concerning London Inter-Bank Offered Rate (LIBOR) rigging, mis-selling of Interest Rate Hedging Products and conspiracy to cause loss by unlawful means. Jay instructed as junior counsel in the High Court.

Premier Motorauctions Ltd (in liquidation) v PricewaterHouse Coopers LLP and Lloyds Bank plc [2018] 1 WLR 2955; [2018] Bus LR 882; [2017] Cost LO 865; [2017] EWCA Civ 1872; [2017] Bus LR 490; [2017] 4 All ER 243; [2016] EWHC 2610 (Ch)

A claim concerning breaches (including conspiracy claims) relating to pre-pack sale and pre-sale conduct and practices of defendants, arising out of second defendant’s business support unit following the 2008-09 banking crisis. The case is the leading authority on whether After the Event Insurance is sufficient to avoid having to provide security for costs. Jay was instructed as junior counsel in the High Court and the Court of Appeal.

Glenluce Fishing Company Ltd v Watermota Ltd [2016] 5 Costs LR 1021; [2016] EWHC 1807 (TCC)

Regarded as one of the leading authorities on CPR 17.4, and amendments to statements of case following expiry of limitation period. Jay was instructed as sole counsel in the High Court.