Jonathan specialises in the regulatory areas of unfair commercial practices, unfair contract terms, consumer protection, consumer credit licensing, product liability and safety, cosmetics, weights and measures, age restricted sales, pricing, food safety and hygiene, food labelling, animal welfare, trademarks, environmental health and health and safety. He regularly appears in court and advises on all these matters. He also has considerable experience in Enterprise Act 2002 civil enforcement matters and financial fraud. Additionally he retains traffic commissioner and road traffic cases as part of his practice.
Jonathan is recommended as a leading junior in the Chambers and Partners Directory and the Legal 500.
He appeared in the two leading Court of Appeal cases on the construction of key concepts in the Consumer Protection from Unfair Trading Regulations 2008. Recently he has appeared and advised in several cases concerning the application of the Definitive Guideline on sentencing in Health and Safety and Food Safety cases.
Jonathan is an elected member of the Bar Council.
- HSE v C Ltd (Wolverhampton Magistrates’ Court, October 2017): represented a company facing Health and Safety charges arising out of work at height and lone working issues in the cleaning of an industrial hopper machine. A guilty plea that required close scrutiny of the recently implemented definitive Health and Safety sentencing guidelines. Successfully argued that the matter should be considered as medium culpability and harm category 2 whereas the HSE had contended for high and harm category 1;
- LB Ealing v TRS Cash and Carry Ltd (Isleworth Crown Court, September 2017): successful defence of a food retailer facing an allegation of placing spices on the market containing salmonella. Case listed for a two week trial, but prosecution offered no evidence following further defence testing and representations;
- Stockton B C v R and B (Teeside Crown Court, April 2017): successful defence of the operator of a butcher’s business alleged to have caused a serious e-coli food poisoning outbreak from food stuffs it sold. A very complex case involving expert microbiological and epidemiological evidence. The case was listed for a two week trial, but following defence representations the prosecution offered no evidence;
- LB Enfield v Asda Stores Ltd ( Highbury Magistrates’ Court, March 2017): very close scrutiny of the recently implemented Food Safety Sentencing Guidelines in respect of food hygiene offences. Successfully argued on a guilty plea that the appropriate culpability and harm categories were medium, whereas the prosecution had argued for high in both;
- Surrey CC v Z Ltd and others (Guildford Crown Court, July 2016): defence of salesmen indicted with their employer company on an indictment containing allegations of fraud and allegations under the Consumer Protection from Unfair Trading Regulations 2008. No evidence was offered in July 2017;
- Wandsworth LBC v Caffe Nero Group Ltd (Wimbledon Magistrates’ court, March 2016): successful due diligence defence; food safety offences; wire in panini ingested by consumer; unauthorised use by employee, in breach of training and systems;
- Halsall & ors v Oasis Land Development Ltd (High Court, Ch Div, 2015): represented corporate defendant in a fraudulent misrepresentation trial concerning land in the Cayman islands; settled after 8 days of trial;
- North Yorkshire Fire and Rescue Service v Tokyo Industries (York) Ltd and Aaron Mellor; Lincolnshire Fire and Rescue Service v Aaron Mellor (York Crown Court, 2015): successful prosecution concerning serious breaches of fire safety legislation at night clubs in York and Lincoln. The corporate defendant was fined £30,000 for guilty pleas in the York matter and the individual defendant was fined £76,000 plus £67,000 costs after a three day trial in Lincoln;
- Lincolnshire CC v Courton Green (Lincoln Magistrates’ Court, 2015): prosecution under animal welfare and animal by product regulations; convictions resulted after a 5 day trial that involved the consideration of four expert witnesses;
- Lincolnshire County Council v McKenzie (Lincoln Crown Court, 2015): successful prosecution after a three day trial of the proprietor of a tyre sales outlet for selling dangerous tyres in breach of the General Product Safety Regulations 2005; the defendant received a 9 month suspended prison sentence;
- Lincolnshire CC v Iftakhar Ahmed (Lincoln Crown Court, 2014): successful prosecution of a large scale retailing operation involving the sale of counterfeit training shoes and clothes from market stalls in Skegness; convicted after a week long trial, the defendant was imprisoned for 30 months and later made the subject of a £680,000 confiscation order;
- Office of Fair Trading v Carpetright PLC, SCS, Dreams, Furniture Village Ltd, Homestyle Operations Ltd, Harveys and Bensons for Beds (2014): defended Furniture Village Ltd in the OFT’s investigation into alleged misleading reference pricing in the furniture retail sector;
- R v X Ltd  EWCA 818: the Court of Appeal decided that a “commercial practice” can arise out of an isolated incident;
- R v Scottish and Southern Energy Ltd Plc  CTLC 1: the leading Court of Appeal case on the true construction of the concepts of “commercial practice” and “trader”;
- Barnsley M.B.C v Asda Stores Ltd (2013): Jonathan successfully argued that the Magistrates Court should retain jurisdiction in a health and safety case where an employee slipped in a freezer, despite strenuous attempts by the prosecution to have the case committed for sentence;
- A Ltd (2013, Bournemouth Magistrates’ Court): Jonathan successfully argued that the sectoral package travel directive should apply in the context of a package holiday case, rather than the 2008 Regulations;
- Isle of Anglesey County Council v Aurora Ltd (2012, Caernarfon Crown Court): represented a toy producer in a successful appeal against conviction in a product safety case;
- R v Alan Rich Seafoods Ltd (2010): successful prosecution following a three week Crown Court trial of a food business and its proprietor for serious breaches of the Food Hygiene (England) Regulations 2006 and the Animal By Products Regulations 2005;
- West Berkshire CC v Childcare (UK) Ltd (2008, Reading Magistrates’ Court): Jonathan successfully defended a nursery against an allegation that contaminated swiss roll had caused a salmonella outbreak;
- Kilhey Court Hotels Ltd v Wigan M.B.C (2005) 169 JP 1: Jonathan successfully acted for a hotel group before the Administrative Court. It involved the issue of when a due diligence notice is required to be served under section 21(5) Food Safety Act 1990 and the Court’s power to substitute its own findings for one of the Court below without needing to remit;
- Defra v Asda Stores (2004) 168 JP 1: Jonathan acted for Asda in the House of Lords resisting Defra’s appeal in relation to whether regulations relating to the grading of fruits and vegetables had been validly brought into force;
- Empress Cars v Environment Agency  2 AC 22: Jonathan appeared together with Fred Philpott in the House of Lords in the leading case on the meaning of ‘cause’ in water pollution cases.
“Jonathan is extremely approachable and friendly, thorough and has a keen desire to make sure every possible twist and turn in a case is anticipated and planned for.” “He is very good in court, effortlessly charming and hugely experienced.” Chambers & Partners 2018
“Excellent at cross-examination and very thorough in preparation.” Legal 500 2016
“He is a very good operator, he knows his stuff.” Chambers & Partners 2016
“An expert in his field, technically savvy and commercially aware.” Legal 500 2015
“He is very commercial, pragmatic and tactically astute.” “He’s calm at all times and really knows his stuff.” Chambers & Partners 2015
Contributing editor: author of Unfair Commercial Practices chapter in ‘Consumer and Trading Standards Law and Practice’ (‘the Pink Book’), Lexis Nexis (2018)
Contributing editor: author of Financial Conduct Authority chapter in ‘Modern Financial Regulation’ (‘the Blue Book’), Jordan (2013)
Jonathan regularly writes articles for such organisations as Trading Standards Monthly, Westlaw Insight and Lexis Nexis Analysis.
Jonathan regularly makes presentations to private practitioners, trading standards officers and local authorities on Regulatory and Consumer Law. In 2014 he gave lectures to and held seminars for undergraduate law students at Manchester University as part of the Consumer Law course.
Jonathan has recently been re-elected to the Bar Council for a three year term. He also serves on the Bar Council Law Reform Committee and its Education and Training Committee. He is a member of the Food Law Group.
Jonathan is authorised to accept Direct Access instructions and will act on this basis for businesses and professionals
VAT number: 446157248