Jonathan Cohen

Jonathan Cohen is described in the most recent edition of the Chambers & Partners Directory as “everything you want from a barrister; excellent on his feet, good with clients and responsive. In court he is determined, strong and gets to the point quickly.”

He has a mixed employment law and commercial litigation practice with a particular expertise in applications for all forms of interim and injunctive relief. He was formerly in practice at Cloisters Chambers, where he had been a member since pupillage. He was educated at Manchester Grammar School and Oxford University. He was called in 1999 and joined Littleton Chambers in 2007. He is the author of the civil fraud chapter in Serious Economic Crime, published by the Serious Fraud Office in 2011.

Jonathan has been recommended as a leading junior in both Chambers & Partners and the Legal 500 for some years. A selection of recent comments from those 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”

“has dogged determination and fine cross-examination skills.”

He has a reputation for combining excellent advocacy with strong legal skills and a commercial and cost sensitive approach to litigation.

commercial

Jonathan undertakes a full spread of general commercial work. Much of his practice has a focus on litigation arising from the theft of confidential information and breaches of fiduciary duty. He has an interest and specialism in frauds, both domestically and with an international element. He authored the civil fraud chapter in the SFO’s book, Serious Economic Crime, published in 2011. Jonathan is also regularly instructed to advise and appear in claims involving public law issues and challenges under the Human Rights Act.

Recent cases of interest in this area include:

Golden Eye International Ltd & Ors v Telefonica UK Limited (Consumer Focus Intervening) [2012] EWHC 723 (Ch). Leading decision on Norwich Pharmacal applications to obtain the identities of internet pirates. Due for hearing in the Court of Appeal in 2013.
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 the extent of disclosure provisions ancillary to freezing orders and whether the privilege against self incrimination applies to a risk of a money laundering charge.
Mahdi & Ors v Al Harbi & The Muslim World League [2008] All ER (D) 36. Successful High Court application for possession of a well known London Mosque against a dismissed Imam claiming continuing status as a trustee.
Campaign Against Arms Trade (“CAAT ”) v Mercer [2007]. 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.

High Court Employment Claims

Jonathan regularly appears in high value contractual claims. He has a wealth of experience in applying for and defending against injunctions for breach of covenants and infringement of fiduciary and confidentiality duties. He is regularly instructed in bonus claims in the financial services sector.

Recent cases of interest in this area include:

Negus v Microsoft Limited [2012]. Represented Microsoft in this high profile High Court claim (for damages of over £10 million) by former senior executive of Microsoft. The claim was settled on confidential terms in March 2012. Widely reported on front pages in the national press.
Tullett Prebon PLC & Ors v BGC Brokers LP & Ors [2010] EWHC 484, [2010] IRLR 648. Appeared for BGC in this high profile battle between two leading city inter-dealer brokers. The application for interim relief was heard in April 2009 and the trial itself took place over four months in 2010. The judgment was appealed to the Court of Appeal, reported at [2011] IRLR 420.
BGC Capital Markets (Switzerland) LLP v (1) Rees (2) Tullett Prebon PLC [2011] All ER(D) 51. Round 2 of the dispute between BGC and Tullett, on this occasion a battle over a broker leaving BGC’s Swiss subsidiary to join Tullett.
Driver v Air India Limited [2011] IRLR 992. Represented Air India. Appeal to the Court of Appeal by Claimant from the rejection of his claims in the High Court, attacking Air India’s terms and conditions of employment for UK staff.
Freer v Glover and Another [2005] EWHC 3341, [2006] IRLR 521. Ground-breaking application of absolute privilege for the purposes of the law of defamation to employment related communications.

Employment Tribunal Proceedings

Jonathan is a leading practitioner in the ET and EAT. He is instructed in the highest value claims, with particular expertise in whistle-blowing and all forms of discrimination as well as large scale group litigation, appearing for employers and employees in substantial redundancy and equal pay claims and high profile anti-strike injunctions.

Recent cases of interest in this area include:

Salford Royal NHS Foundation Trust v Roldon [2010] IRLR 721, [2010] 114 BMLR 152 Important Court of Appeal decision on the level of investigation required for career ending allegations.
Milford Haven Port Authority v Unite The Union [2010] EWCA Civ 400. Strike breaking injunction obtained against Milford Haven pilots.
City & County of Swansea v Honey [2008] All ER (D) 311. Leading authority on bias and ET members.
James v Greenwich London Borough Council [2008] ICR 545, [2008] IRLR 302. Leading Court of Appeal authority on the status of agency workers.
Klusova v The London Borough of Hounslow [2008] ICR 396. Court of Appeal consideration of the rights of those in breach of immigration legislation.
Madarassy v Nomura International PLC [2007] ICR 867, [2007] IRLR 246. City banker sex-discrimination appeal in the Court of Appeal.
Difolco v NTL Group Limited [2006] EWCA Civ 1508, [2006] Sol J 150/41. Reasonable adjustments for the disabled in a redundancy exercise.
Pinnington v City and Council of Swansea and the Ysgol Crug Glas School [2005] ICR 685, The Times 9/03/2005. Widely reported whistleblowing appeal involving allegations of serious child abuse.

Regulatory and Disciplinary Proceedings

Jonathan undertakes all aspects of regulatory and disciplinary work, including advice on proceedings in and appearances before the Financial Services Authority, the Solicitors Disciplinary Tribunal, the General Medical Council, the Nursing and Midwifery Council, the Health Professions Council and the General Teaching Council. He also has experience in Human Rights Act challenges and judicial review of regulatory and disciplinary decisions.

Vatish v Crown Prosecution Service (2011). Successful opposition on behalf of the CPS to an application for an injunction to force reinstatement for failure to follow a contractual disciplinary procedure.
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.
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.
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.

Call: 1999
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