Jonathan Cohen


Jonathan Cohen

Call: 1999

Recommended as a leading junior in Employment law, Chambers & Partners and Legal 500. Comments in the 2009/2010 directories include:

“A fearless and analytical advocate, loved by clients”

“Described by his opponents as “knowing the law” and “extremely persuasive”

“a tough advocate”

“receiving nothing but good reports”

 

Career History

Jonathan Cohen has a mixed employment law and commercial litigation practice with a particular expertise in applications for injunctive relief.

Jonathan was formerly in practice at Cloisters Chambers, where he had been a member since pupillage. He joined Littleton Chambers in 2007. He is instructed by a range of City, West End and large regional firms and directly by the legal departments of a number of national and international companies.

 

Commercial Litigation

Jonathan undertakes a full spread of general commercial contract and associated work in the County Courts and the High Court. Much of his work has a focus on litigation arising from the theft of confidential information and breaches of fiduciary or other duties. He has an interest and specialism in civil frauds, both domestically and with an international element. He is also regularly instructed to advise and appear in claims involving public and administrative law issues and challenges under the Human Rights Act.

Recent cases of interest in this area include: 

 

  • Tullett Prebon PLC & Ors v BGC Brokers LP & Ors [2010] EWHC 484. Appeared for BGC (formerly Cantor Fitzgerald) in this high profile battle between two leading city inter-dealer brokers. Allegations include the misuse of confidential information, breaches of numerous obligations including court orders and conspiracy. The application for interim relief was heard in April 2009 and the trial itself took place from October 2009 to February 2010. Judgment is awaited.
  • JSC BTA Bank v Ablyazov, Drey Associates & ors [2009] EWCA Civ 1124 & 1125, The Times November 12 2009 (2010) 1 CR APP R 9, (2010) 1 WLR 976. Joined appeals in the Court of Appeal in a significant international fraud claim. The appeals address the important issues of when the court should order disclosure of assets on making a freezing order and whether the privilege against self incrimination applies to a risk of a money laundering charge. The claim itself will be tried over a lengthy period in 2010.
  • Mahdi & Ors v Al Harbi & Ors [2008] All ER (D) 36. Successful High Court application for possession of a Mosque against a former employee claiming continuing status as an employee and trustee.
  • Campaign Against Arms Trade ("CAAT") v Mercer. Appeared for the Defendant in an application for a search and seizure order against him related to the British Aerospace "Al Yamamah" judicial review and the obtaining of CAAT's privileged legal advice by British Aerospace.
  • Ward v Commissioner of Police for the Metropolis [2003] EWCA Civ 1152, [2003] 74 BMLR 211. Challenge in the Court of Appeal under Human Rights Act to police powers of arrest under the Mental Health Act.

  • Taito v The Queen [2002] UKPC 15. Successful Privy Council appeal on behalf of a group of New Zealand citizens denied procedurally fair appeals in the New Zealand Court of Appeal.

Employment Litigation

Jonathan regularly appears in the Employment Tribunal and the Employment Appeal Tribunal in high value employment claims. He is also interested and experienced in regulatory and disciplinary proceedings. He has significant experience in large scale group litigation, appearing both for employers and employees in substantial redundancy and equal pay claims.

Recent cases of interest in this area include:

  • Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522 Important decision on the need to take account of whether disciplinary allegations might be career ending when determining the level of investigation required.
  • Milford Haven Port Authority v Unite The Union [2010] EWCA Civ 400 Strike breaking injunction obtained against Milford Haven pilots and harbour workers.
  • City & County of Swansea v Honey EAT 7/11/2008. Leading authority on the potential bias of Employment Tribunal wing members where the member is a Union official whose Union has some involvement with or interest in the employer appearing in front of the Tribunal.
  • James v Greenwich London Borough Council [2008] ICR 545, [2008] IRLR 302. Successful upholding in the Court of Appeal of EAT decision on behalf of the Respondent in the leading case denying employment rights to agency workers. Also appeared in the earlier EAT decision, reported at James v Greenwich London Borough Council [2007] ICR 577, [2007] IRLR 168.
  • Klusova v The London Borough of Hounslow [2008] ICR 396. Court of Appeal consideration of the employment rights of individuals possibly in breach of immigration legislation.
  • Madarassy v Nomura International PLC [2007] EWCA Civ 33, [2007] ICR 867, [2007] IRLR 246. City banker sex-discrimination appeal in the Court of Appeal, widely reported in the national press and the key authority on the application of the burden of proof in discrimination cases.
  • Difolco v NTL Group Limited [2006] EWCA Civ 1508, [2006] Sol J 150/41. Successful challenge to the proper approach to be taken to reasonable adjustments for the disabled in a redundancy exercise.
  • Freer v Glover and Another [2005] EWHC 3341, [2006] IRLR 521. Groundbreaking application of absolute privilege for the purposes of the law of defamation to communications between a solicitor and ACAS in the context of employment tribunal proceedings. Acted for successful Defendant.
  • Pinnington v City and Council of Swansea and the Ysgol Crug Glas School [2005] EWCA Civ 135, [2005] ICR 685, The Times 9/03/2005. Widely reported allegations against local authority by former school nurse of "whistleblowing" dismissal for uncovering allegations of child abuse. Acted for successful Respondent.
  • Hamilton v (1) United Kingdom Central Council for Nursing, Midwifery and Health Visiting and (2) Nursing and Midwifery Council [2003] EWCA Civ 1600, [2004] 79 BMLR 30, The Times 12/11/2003. Human Rights Act challenge to the disciplinary powers of the regulatory body for nurses. Acted for Appellant.
  • R v Law Society. Ex Parte Barry Pamplin [2001] EWHC Admin 300, The Independent 9/07/2001. Judicial review of the disciplinary powers of the Law Society. Acted for the Claimant.
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