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Jonathan Edwards#1369

Jonathan Edwards

Barrister, Radcliffe Chambers
Jonathan Edwards practises at Radcliffe Chambers in Lincoln’s Inn. He specialises in contested probate, claims to trust and estate assets, claims for partnership and estate accounts, property litigation including landlord and tenant, and insolvency and commercial disputes.

He is regularly instructed to represent clients in the High Court and County Court, and has been instructed to assist with proceedings in Jersey. Cases in which he has acted include Taylor v Taylor [2017] EWHC 1080 (Ch) and Burki v Seventy Thirty Limited [2018] EWHC 2151 (QB).
Contributed to

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A landlord is about to grant a contracted out tenancy to a tenant, who has been in occupation for approximately nine months while terms were being agreed for the lease. The tenant has not paid rent in that period. Should the statutory declaration for the purposes of the Landlord and Tenant Act 1954 state the term commencement date as the date on which the tenant took occupation of the premises?
A landlord is about to grant a contracted out tenancy to a tenant, who has been in occupation for approximately nine months while terms were being agreed for the lease. The tenant has not paid rent in that period. Should the statutory declaration for the purposes of the Landlord and Tenant Act 1954 state the term commencement date as the date on which the tenant took occupation of the premises?
Q&As
A party has a costs order awarded against him and three other defendants. The award is joint and several basis and equal liability basis. If one party pays all of the costs liability, how can he recover the overpaid amounts from the others? Can he start fresh proceedings under CPR Part 7? Or can he make an application to the same judge who made the costs order for a declaration that the other parties must pay him and if so can he use that declaration to start a Part 7 claim?
A party has a costs order awarded against him and three other defendants. The award is joint and several basis and equal liability basis. If one party pays all of the costs liability, how can he recover the overpaid amounts from the others? Can he start fresh proceedings under CPR Part 7? Or can he make an application to the same judge who made the costs order for a declaration that the other parties must pay him and if so can he use that declaration to start a Part 7 claim?
Q&As
A potential purchaser of a company would like the company’s privileged advice to be added to the data room. What safeguards should be put in place?
A potential purchaser of a company would like the company’s privileged advice to be added to the data room. What safeguards should be put in place?
Q&As
A solely-owned property vests in a trustee in bankruptcy and is subject to both a mortgage and equitable charge. If the bankrupt’s spouse is able to purchase the property for consideration equal to the equity in the property and the mortgagee consents, what happens to the equitable charge if not protected by a restriction? Does it have to be repaid by the trustee in bankruptcy from the proceeds?
A solely-owned property vests in a trustee in bankruptcy and is subject to both a mortgage and equitable charge. If the bankrupt’s spouse is able to purchase the property for consideration equal to the equity in the property and the mortgagee consents, what happens to the equitable charge if not protected by a restriction? Does it have to be repaid by the trustee in bankruptcy from the proceeds?
Q&As
At the pre-trial stage, can parties agree to an extension to file witness statements between themselves or do you require the courts permission for an extension?
At the pre-trial stage, can parties agree to an extension to file witness statements between themselves or do you require the courts permission for an extension?
Q&As
Can a demand for arrears of rent be sent where a contracted out lease has expired and the tenant remains in occupation but remains in occupation while negotiating a lease pursuant to a tenancy at will? If so how best should this be framed to avoid an inference that a periodic tenancy has arisen?
Can a demand for arrears of rent be sent where a contracted out lease has expired and the tenant remains in occupation but remains in occupation while negotiating a lease pursuant to a tenancy at will? If so how best should this be framed to avoid an inference that a periodic tenancy has arisen?
Q&As
Can a trade union representative (not a solicitor) sign the statement of truth on a County Court Money Claim N1 Form in the place of claimant's legal representative?
Can a trade union representative (not a solicitor) sign the statement of truth on a County Court Money Claim N1 Form in the place of claimant's legal representative?
Q&As
Can you recover legal fees for unpaid ground rent under administration charges if the lease is silent as to administration charges?
Can you recover legal fees for unpaid ground rent under administration charges if the lease is silent as to administration charges?
Q&As
Does Part 11 of the CPR apply to Part 7 claims issued in the County Court Money Claims Centre (CCMCC)? If yes, if an Act requires compensation claims to be arbitrated, does Part 11 allow me to apply to have a declaration of the court if such a claim was issued under Part 7?
Does Part 11 of the CPR apply to Part 7 claims issued in the County Court Money Claims Centre (CCMCC)? If yes, if an Act requires compensation claims to be arbitrated, does Part 11 allow me to apply to have a declaration of the court if such a claim was issued under Part 7?
Q&As
Does such a thing as a life tenancy exist anymore?
Does such a thing as a life tenancy exist anymore?
Q&As
Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does CPR PD 36, para 3.1 allow for a notice of acceptance to be validly accepted by email?
Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does CPR PD 36, para 3.1 allow for a notice of acceptance to be validly accepted by email?
Q&As
How do you enforce a defendant Part 36 offer which has been accepted but the defendant has failed to make payment within 14 days. Does it matter that there is no sealed order for payment?
How do you enforce a defendant Part 36 offer which has been accepted but the defendant has failed to make payment within 14 days. Does it matter that there is no sealed order for payment?
Q&As
If a customer (C) contracts with a supplier (S) for the provision of a service and the supplier utilizes a third party (T) to provide advice as part of the provision of that service (advice on a subject in which S has no specialist knowledge) can S exclude all S’s potential liability to C for any losses arising from C relying on T’s advice?
If a customer (C) contracts with a supplier (S) for the provision of a service and the supplier utilizes a third party (T) to provide advice as part of the provision of that service (advice on a subject in which S has no specialist knowledge) can S exclude all S’s potential liability to C for any losses arising from C relying on T’s advice?
Q&As
If a discretionary Will trust is brought to an end within two years of death under section 144 of the Inheritance Tax Act 1984 in favour of a beneficiary who receives the trust fund absolutely, is it necessary to file income tax returns for the trust, or just for the administration of the estate?
If a discretionary Will trust is brought to an end within two years of death under section 144 of the Inheritance Tax Act 1984 in favour of a beneficiary who receives the trust fund absolutely, is it necessary to file income tax returns for the trust, or just for the administration of the estate?
Q&As
If a freeholder agrees to allow a leaseholder to extend their demise, would the surrender and regrant facilitating this change be caught by the right of first refusal?
If a freeholder agrees to allow a leaseholder to extend their demise, would the surrender and regrant facilitating this change be caught by the right of first refusal?
Q&As
If a Part 36 offer that has been received does not satisfy the conditions of Part 36 itself and is not marked ‘without prejudice’, will the document be presumed to be privileged or may it be disclosed to the court?
If a Part 36 offer that has been received does not satisfy the conditions of Part 36 itself and is not marked ‘without prejudice’, will the document be presumed to be privileged or may it be disclosed to the court?
Q&As
If the claimant accepts a Part 36 offer before issue of proceedings or allocation, but the amount accepted would normally be allocated to the small claims track, is he then entitled to costs on the standard basis pursuant to Part 36?
If the claimant accepts a Part 36 offer before issue of proceedings or allocation, but the amount accepted would normally be allocated to the small claims track, is he then entitled to costs on the standard basis pursuant to Part 36?
Q&As
If the defendant intends to dispute service on the basis that the claimant was required, but failed to apply to the court for permission to serve out of the jurisdiction, should the defendant file an acknowledgment of service?
If the defendant intends to dispute service on the basis that the claimant was required, but failed to apply to the court for permission to serve out of the jurisdiction, should the defendant file an acknowledgment of service?
Q&As
In terms of housing disrepair, what constitutes a 'reasonable' period for the landlord to carry out remedial works, in particular works relating to damp?
In terms of housing disrepair, what constitutes a 'reasonable' period for the landlord to carry out remedial works, in particular works relating to damp?
Q&As
Is a bankruptcy registrar’s judgment binding on a county court?
Is a bankruptcy registrar’s judgment binding on a county court?
Q&As
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Practice Areas

Panels

  • Case Analysis Panel
  • Contributing Author
  • Q&A Panel

Qualified Year

  • 2014

Membership

  • Gray’s Inn
  • Chancery Bar Association

Qualifications

  • BCL (2014)
  • BA (Jurisprudence) (2012)

Education

  • University of Oxford, Balliol College (2009-2012; 2013-2014)
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