Jonathan Barham
Partner | Jersey
Insolvency and Corporate Disputes
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Jonathan Barham . . . spots the key points in the case very quickly and is able to break a case open to his client’s advantage.
Legal 500, 2024 -
Jonathan Barham has a fantastic eye for detail.
Legal 500, 2023
Overview
Jonathan is a Partner and Head of the Insolvency and Corporate Disputes team in Jersey. He is a former English Solicitor, English Barrister and Jersey Advocate. He also sits as a Commissioner of Appeal for Tax.
He has more than 20 years’ experience of dealing with all aspects of commercial litigation, encompassing a broad range of business, corporate and insolvency disputes.
He has regularly acted for well-known companies, shareholders and office holders, dealing with matters from inception through to trial as a solicitor and appearing before the English and Jersey courts on a broad range of interim applications, trials and appeals.
He has also represented clients in mediations and other non-court based dispute resolution processes.
Experience
Jonathan has more than 20 years’ experience of dealing with all aspects of commercial litigation, encompassing a broad range of business, corporate, insolvency and trust disputes.
Since moving to Jersey in 2020, Jonathan has been involved in a number of high value cross-border disputes, including:
- Advising the directors of a group of Jersey companies in relation to a multi-million dispute between joint venture partners involving allegations of deceit, breach of fiduciary duty and breach of contract. The case involved parallel proceedings in Jersey and England and insolvency processes in respect of certain of the companies.
- Advising a Luxembourg-based Trustee in Bankruptcy in relation to an application to open parallel insolvency proceedings in Jersey related to one of the world’s largest serviced office providers. The proceedings made new law in relation to standing to commence creditors winding-up proceedings in Jersey.
- Advising a MENA based private investment company in relation to ongoing proceedings in Jersey arising from a dispute with other investors and funders regarding a significant property development in central London, which is held through a Jersey structure.
- Advising HNW and UHNW individuals in relation to potential private law claims against financial institutions arising out of informally frozen bank accounts and investments.
Background
- 2002: Barrister - England & Wales
- 2006: Solicitor – England & Wales (non-practising)
- 2023: Jersey Advocate
Memberships
- Lincoln's Inn
- Law Society of Jersey
- INSOL International
- Jersey International Legal Association
For financially distressed companies in need of restructuring and reorganisation, or for those where the opportunity to do so has passed or failed, we work to achieve the most beneficial outcome in these difficult situations.
Currently working on some of the largest and most complex cross-border insolvencies in the jurisdiction, we frequently advise top law firms from the People’s Republic of China, the US, the UK and other jurisdictions. We are regularly briefed by Sovereign Wealth Funds and Fortune 500 Companies to advise on particular restructurings, as well as investment managers from Europe and the US.
At whatever stage we are engaged, our involvement will assist in identifying the ongoing risks facing a client and to enable that client to continue to identify and effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.
Restructuring takes many forms, and we have broad experience in reshaping businesses to the changing needs and demands of the market. The team possesses a hands-on and comprehensive grasp of the intricate challenges that may emerge in restructuring scenarios, whether involving mergers, acquisitions, reorganisations or recapitalisation activities.
Collas Crill explains... Désastre proceedings for a Jersey company
Updated guide coming soon We are currently updating this guide to reflect recent changes.
Court-ordered creditors' winding up of a Jersey company
Jersey is a popular place to establish an asset-holding company. It is well-regulated, creditor-friendly, and the Companies Law is modern, flexible and modelled on English companies legislation. But what happens when things go wrong and a company b...
Guide: A shareholder-initiated creditors' winding up of a Jersey company
Jersey is a popular place to establish an asset holding company. It is well regulated and creditor friendly, and the Companies Law is modern, flexible and modelled on English companies legislation. But what happens when things go wrong and a company beco...
Winding up a Jersey company on just and equitable grounds
The Jersey Court of Appeal (the CoA) has recently handed down a judgment in Aston Martin Lagonda Ltd v Ferguson & Ors [2024] JCA 071 which explores and develops a number of useful principles relating to winding up a company on 'just and equitable' (J...
Winding up a Jersey company on just and equitable grounds
Jersey is a popular place to establish an asset holding company. It is well regulated, creditor friendly, and the Companies Law is modern, flexible and modelled on English companies legislation. But what happens when things go wrong? This guide looks at ...
Directors' duties in insolvency
In this article we explore the UK Supreme Court's ("the Supreme Court") decision in BTI v Sequana[1] and what this means for directors in Jersey - particularly when dealing with a company which is facing the onset of insolvency. Jersey is a customary law...
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