"He is sensible with a good commercial instinct, but can be 'elbows out' when the need arises."
Chambers UK 2020
Jay is a member of the Commercial and Property & Estates teams, and is a busy junior who is regularly instructed to act, either alone or as junior counsel, in high value and complicated litigation. Along with commercial and traditional chancery work, Jay also has considerable advisory and litigation experience in environmental, planning and energy law, and was formerly the co-Chair of the southwest division of the UK Environmental Law Association.
Jay undertakes a wide variety of commercial work, and has a particular interest in banking and financial services litigation. He is regularly instructed by and against large financial institutions, and is currently acting as junior counsel on a number of high profile cases involving allegations of conspiracy, mis-selling of financial products and LIBOR manipulation. In the past few years, Jay has been involved in three significant reported decisions:
Premier Motorauctions Ltd (in liquidation) and another v PricewaterhouseCoopers LLP and Lloyds Bank plc [2016] EWHC 2610 (Ch); [2017] 4 All ER 243; [2017] 2 All ER (Comm) 681 - ATE insurance policies could be relied upon by the insolvent claimants to resist an application for security for costs. The relevant question is not whether the ATE policy provided the same security as cash or a bank guarantee, or whether the ATE policy provided the same security as might a deed of indemnity from the same or another insurer, but whether, having regard to the terms of the ATE policy, the nature of the allegations in the case and all the other circumstances, there was reason to believe that the ATE policy would not respond so as to enable the defendant's costs to be paid. One of the lead first instance decisions on security for costs and ATE. Led by Hugh Sims QC.
Glenluce Fishing Company Ltd v Watermota Ltd [2016] EWHC 1807; [2016] 5 Costs LR 1021 – One of the leading authorities on the interaction between the law of limitation and CPRr17.4.
Premier Motorauctions Ltd (in liquidation) and another v PricewaterhouseCoopers LLP and Lloyds Bank plc [2017] EWCA Civ 1872 – Appeal of the Court of Appeal reversing the first instance decision. The lead Court of Appeal authority on security for costs and ATE. Led by Hugh Sims QC.
Jay has litigation and advisory experience in the following key areas:
Jay advises on all aspects of real and personal property, and has been involved in a number of multi-track cases involving landlord and tenant, easements/profits, restrictive covenants and boundary disputes. He has also acted as junior counsel on a 2-week public footpath enquiry, and was recently successful at first instance and on appeal in a case concerning the interaction of s.2 of the Law of Property (Miscellaneous Provisions) Act 1989 and the doctrines of constructive trust and proprietary estoppel.
He has litigation and advisory experience in the following key areas:
Jay advises on all aspects of environmental law, having gained considerable experience as a solicitor prior to joining Chambers, which included a six-month secondment at a leading investment bank where he assisted their in-house commodities team as a carbon lawyer.
Jay has litigation and advisory experience in the following key areas:
Jay has a growing practice in planning law and is particularly interested in energy infrastructure and the interaction of environmental and planning law. He has appeared at public inquiries for developers, interested parties and objectors.
Jay has litigation and advisory experience in the following key areas:
Real Estate Litigation
Up and coming Former solicitor with expertise in commercial and chancery law. He acts in boundary disputes and challenging landlord and tenant cases, among others.
Strengths: "He is sensible with a good commercial instinct, but can be 'elbows out' when the need arises." "Jay works extremely hard, drafts excellent documents and is great on his feet and brilliant with clients." Recent work: Successfully acted for the claimant in Ridge v Morris, a case concerning grazing rights and easements arising by prescription.
Commercial Dispute
Advises on a broad range of commercial disputes, including those arising from breach of duty, mis-selling of financial products and supply chain issues. He is also regularly instructed in energy law matters. He is frequently called upon to act both for and against large financial institutions.
Strengths: "He has a real appetite for complex legal issues and advises in line with commercial realities." "He is extremely good and very technically able." Recent work: Instructed as junior counsel to the claimants in Anderson v Sense Network, a case concerning a Ponzi scheme which was sold to the claimants by an appointed representative of the defendant network.
Commercial, Banking, Company & Chancery
"He has good knowledge of the banking sector."
Commercial, Banking, Insolvency and Chancery
Leading Junior
‘Pragmatic, user-friendly, and tenacious'.
Commercial Dispute Resolution
Advises on a broad range of commercial disputes, including those arising from breach of duty, mis-selling of financial products and supply chain issues. He is also regularly instructed in energy law matters. He is frequently called upon to act both for and against large financial institutions.
"He gives clear and considered advice and is excellent with clients." "He really gets to grips with the issues very quickly and gives sound, comprehensive advice."
Recent work: Acted for ATP Holdings and another in a claim against National Westminster Bank for various consequential losses arising from the mis-selling of a number of interest rate hedging products.
Commercial Dispute Resolution
Junior - Up and Coming
Advises on a broad range of commercial disputes, including those arising from breach of duty, mis-selling of financial products and supply chain issues. He is also regularly instructed in energy law matters.
Strengths: "His advocacy and written work are first-rate." "Our clients were extremely impressed with his performance. He is fiery - in a good way."
Recent work: Represented Premier Motor Auctions in a significant claim against PwC and Lloyds Bank, regarding allegations of conspiracy and breach of duty.
For further information and enquiries please contact:
Commercial: Joe Stayte
Property & Estates: Lisa Frostrup
