Jonathan Bellamy

Year of call:
1986
Email:
jonathan.bellamy@39essex.com

Clerks:
+44 (0)20 7832 1111

“Thorough, pragmatic and tactically astute”
Legal 500 

“Looks at issues from a tactical view rather than a purely legal standpoint”
Legal 500 

“Always has an eye on the commercial goal of the client”
Legal 500 Asia Pacific 

Jonathan Bellamy has an established litigation, arbitration and advisory practice in commercial law. His practice includes domestic litigation, international work and arbitrations under the auspices of major institutions including ICC, LCIA, SIAC and DIAC. His sector experience includes sale of goods and services, infrastructure, construction, PFI, insurance and reinsurance, energy and natural resources, financial institutions and services, joint ventures, information and IT contracts, outsourcing, healthcare, intellectual property, aviation, commodities, commercial property, film & media and professional sport. He is ranked as a leading barrister in insurance, reinsurance and sport.

He is experienced in dealing with urgent interim remedies and with cases involving complex factual and technical issues on liability and damages. Jonathan has international experience in S.E. Asian, N. Asian, Indian, Middle Eastern, Russian and African disputes. He is ranked as a leading barrister in commercial (tier 1) and construction (tier 1) and in international commercial arbitration and litigation in the Asia Pacific region.

Jonathan has experience in European Law and civil law systems having interned at the European Commission Competition Law Directorate.

 

Commercial


Aviation & Aerospace

  • Acting in Commercial Court action for global aviation services company in series of connected contractual disputes following acquisition of competitor company and departure of founder director.
  • Advising global aviation services company in contractual dispute arising from EU emissions reporting and carbon credits trading services.
  • Advising global aviation services company on the enforcement in UK of US court judgment arising from loans made for the acquisition of aircraft, subject to English and New York law.
  • Acting in Commercial Court action for global aviation services company in dispute arising from terms of aircraft charter agreement.

Commercial property

  • Acting in Chancery Division dispute concerning alleged terms of commercial property development contract and allegations of conspiracy to defraud.
  • Acting in Commercial Court action for purchasers of business to enforce warranty and indemnity claim arising from acquisition of business premises.

Commodities

  • Acting in LCIA arbitration for purchaser of soft commodity trading business in dispute against seller arising from breach of sale conditions and contractual variation, subject to English law, seat London

Energy and natural resources

  • Advising Indonesian joint venture party in JV/shareholders dispute concerning ownership and valuation of oil & gas and geo-thermal energy-company, subject to English law, seat Singapore.
  • Advising UK wind farm operator on development of new offshore wind farm site.

Expert determination

  • Acting for seller of dental business in  claim to set aside expert accountants’ determination of contractual completion liabilities for error of law/jurisdiction.
  • Acting for expert determiner in  claim by parties to set aside determination of company share valuation.

Film & media

  • Advising film production company on structure of insured film finance contracts.
  • Acting for film producer in fraud claim brought by media litigation lawyers, subject to English and Californian law.

 

Financial services and institutions

  • Acting for trust company resident in offshore financial centre in dispute concerning world-wide freezing order, associated urgent interim relief and claim under cross-undertaking for damages.
  • Acting in Commercial Court litigation concerning bank guarantee claim and financial services regulatory cross-claims arising from equity and derivative trading in Singapore, subject to English and Singaporean law.
  • Advising financial services regulator of offshore financial centre on regulatory enforcement proceedings against licensed trust companies, subject to local law.
  • Advising in retail and professional financial product mis-selling claims, including derivatives and interest rate swaps.

Information and IT contracts/IP

  • Advising in pre-arbitration dispute arising under software sales promotion contract concerning termination and ownership of IP rights, subject to English and Indian law.
  • Advising joint venture party in dispute concerning termination and ownership of IP rights arising from online sports gaming website.
  • Advising supplier of computer software on breach of copyright issues concerning online gaming website.

Sale of goods and agency

  • Acting in TCC litigation on quality disputes arising from sale of components for power generators for oil and gas projects.
  • Acting in Commercial Court action for Spanish distributor and agent in EU product distribution agreement dispute.
  • Advising global healthcare company on long-term supply agreement for liquid helium.
  • Advising major UK supermarket business on quality disputes arising from sale of goods contracts for plastic carrier bags, subject to English law in the courts of Hong Kong.
  • Advising Malaysian retailers in claim under cross-undertaking for damages under search and seizure order in support of ICC arbitration claim.
  • Acting in lengthy Commercial Court litigation by UK distributor against Taiwanese manufacturer of mobility scooters including issues of EU competition law.

 

Applicable laws

In addition to various international common law jurisdictions in Asia, North America and the Caribbean, Jonathan has experience of other applicable laws including those of: Egypt, France, Netherlands, Romania, Russian Federation, Spain, Switzerland, Taiwan, Turkey and UAE.

Construction


Jonathan has an established litigation, arbitration and advisory practice in construction law. His practice includes domestic litigation, international work and arbitrations under the auspices of major institutions. involving complex contractual disputes, insurance and professional negligence disputes, adjudications and expert determinations. His sector experience includes international commercial construction under the FIDIC form, power station decommissioning, ship-building, hotel, retail, healthcare, local government, leisure and premium residential works.

Jonathan’s professional liability work in this sector covers a wide range of construction professionals including architects, structural engineers, soil engineers, quantity surveyors, claims consultants and surveyors in relation to commercial construction, ship-building, healthcare, local government, leisure and premium residential works. Recent experience includes acting for metropolitan borough council in multi-million pound claim against architects and contract administrators arising from defective design works and ineffective contract cost management.

He is experienced in dealing with cases involving complex factual and technical expert evidence issues on liability and damages.

Jonathan is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and a Chartered Arbitrator (C.Arb). He sits as a sole and panel arbitrator in domestic and international arbitrations by institutional appointment (including ICC, DIAC and CIArb) or ad hoc.

Professional Liability


Jonathan’s professional liability work covers a wide range of professional disciplines including: accountants and auditors, construction professionals, expert determiners, financial services practitioners, insurance brokers and intermediaries, lawyers (solicitors and barristers), surveyors and valuers. Recent experience includes:

  • Acting for metropolitan borough council in multi-million pound claim against architects and contract administrators arising from defective design works and ineffective contract cost management.
  • Advising corporate joint venturer in claim against former solicitors arising from  terms of the scheme for distribution of assets on exit of private equality investor venturer.
  • Advising retail investor in claim against financial advisor arising from investment in contract for difference products.
  • Advising owners of dental practice business in claim arising from accountants’ failure to advise in respect of tax implications of partners’ departure
  • Acting for expert determiner in a claim by parties to set aside determination of company share valuation.
  • Advising in professional liability claims against solicitors and barristers concerning product liability claims.
  • Acting for property owners in various professional liability claims concerning commercial and residential properties against surveyors and valuers.
  • Acting for Premier League football club in defence of multi-million pound clinical negligence action brought by Youth Academy player arising from post-injury rehabilitation.

Banking & Finance


Recent experience includes:

  • Acting for trust company resident in offshore financial centre in dispute concerning world-wide freezing order, associated urgent interim relief and claim under cross-undertaking for damages.
  • Acting in Commercial Court litigation concerning bank guarantee claim and financial services regulatory cross-claims arising from equity and derivative trading in Singapore, subject to English and Singaporean law
  • Advising financial services regulator of offshore financial centre on regulatory enforcement proceedings against licensed trust companies, subject to local law
  • Advising in retail and professional financial product misselling claims, including derivatives and interest rate swaps

Arbitration


Jonathan is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and a Chartered Arbitrator (C.Arb). He sits as a sole and panel arbitrator in domestic and international arbitrations by institutional appointment (including ICC, DIAC and CIArb) or ad hoc. He accepts arbitral appointments in all sectors of his practice. Recent appointments include:

  • Sole arbitrator in arbitration under CIArb Rules in professional services dispute concerning use of Business Name IP and trademark, subject to English law, London seat.
  • Sole arbitrator in arbitration under CIArb Rules in dispute concerning reinsurance treaty, subject to Romanian law, Romanian seat.
  • Panel arbitrator in arbitration under the DIAC Rules in construction dispute, subject to English law, Dubai seat.
  • Sole arbitrator in arbitration under CIArb Rules in dispute concerning property development project in India, subject to UAE law, Dubai seat.
  • Sole arbitrator in arbitration under CIArb Rules in dispute concerning timeshare development project in Spain, subject to English law, London seat.
  • Sole arbitrator in arbitration under the Rules of the EAA between UK parties of a commercial electrical supply dispute, subject to English law, London seat.
  • Sole arbitrator in arbitration under UNCITRAL Rules between Gibraltarian and Spanish parties in an IP dispute concerning foreign language online gaming website, subject to English law, London seat.
  • Panel arbitrator in arbitration under the Rules of the ICC between UAE and Spanish parties in a dispute arising from the lease of motor vessels, subject to Spanish law, Paris seat.
  • Sole and panel arbitrator in various arbitrations under FA Rule K of fees dispute between professional footballers and registered agents, subject to English law, London seat.
  • Sole arbitrator in arbitration under UCI Rules of contract dispute between professional rider and team owners, subject to English law, London seat.

Appointments

Chartered Institute of Arbitrators – Panel of Commercial Arbitrators
Kuala Lumpur Regional Centre for Arbitration – Panel of Arbitrators
TECBAR – Panel of Arbitrators
Electricity Arbitration Association – Panel of Arbitrators
Sport Resolutions UK – Panel of Arbitrators (Legal Arbitrator)
Football League: Football Disciplinary Commission – Panel of Chairmen
Chartered Institute of Arbitrators – Panel of Mediators
TECBAR – Panel of Mediators
Recorder of the Civil and Crown Courts

Mediator

Jonathan is a CEDR accredited mediator listed on a number of high profile commercial, construction and sports mediation panels. He accepts mediation appointments in all sectors of his practice.

Early Neutral Evaluation

Jonathan has provided jointly instructed expert opinions on disputed contract law issues for parties in ADR processes.

Expert Opinions

Jonathan has provided expert opinions on English contract and insurance law matters for foreign proceedings.

Aviation & Aerospace


Jonathan has an established litigation, arbitration and advisory practice in commercial aviation law. His practice includes domestic work in the Commercial Court, international work and arbitrations under the auspices of major institutions including ICC, LCIA and SIAC. His experience includes aircraft and asset leases, charters, sales, maintenance and service agreements.

Energy


In the oil & gas and natural resources sectors Jonathan has experience in upstream and downstream disputes, joint ventures, warranty and indemnity disputes, insurance and construction and engineering. He has international experience in oil & gas disputes predominantly in Asia including Indonesia.

In the nuclear sector, Jonathan has experience in infrastructure and transport insurance and reinsurance.

His work has extended to involve associated environmental and health & safety issues.

Recent experience includes Advising Indonesian joint venture party in JV/shareholders dispute concerning ownership and valuation of oil & gas and geo-thermal energy company, subject to English law, seat Singapore.

Insurance & Reinsurance


Jonathan’s insurance and reinsurance work covers all the usual issues arising in coverage disputes, including the construction of insurance policies, fair presentation of risk and fraud. He has dealt with all categories of indemnity and contingency policies, including public liability, professional indemnity, property insurance, business interruption, product liability, contractors’ risks, cyber risks, D&O and nuclear risks. In reinsurance matters he has dealt with proportional and non-proportional contracts. He has experience in consumer as well as commercial insurance. His work includes insurance regulation and subrogated insurance recovery claims. Recent experience includes:

  • Advising Nuclear Risk Insurers on terms of reinsurance contracts with HMG for Personal Injury 10-30 Risks.
  • Acting in LCIA arbitration for local authority insured as statutory assignee of indemnity claim against insurers under architects’ professional indemnity insurance policy. Issues of policy construction, misrepresentation and non-disclosure.
  • Advising Thai reinsurers in relation to various multi-million dollar claims for material damage and business interruption arising from the Thai floods of 2011.
  • Acting for construction contractors in claim against insurers under claims-made legal expenses insurance policy. Issues of policy construction, misrepresentation and non-disclosure.
  • Advising partners of solicitors firm on terms and coverage of professional indemnity insurance on transition to LLP member status.
  • Advising solicitors firm on coverage and aggregation issues under Minimum Terms and Conditions arising from property development projects.
  • Advising insurance company on FSA and DPA compliance issues.
  • Advising the FA on public liability insurance coverage dispute arising from a career ending injury to England international player.
  • Numerous subrogated insurance recovery claims arising from fire, flood, explosion, subsidence and product defects in sectors including: construction, warehouse, storage, retail, manufacturing, agricultural, licensed trade, restaurant, hotels and premium residential.

Sale of Goods & Services


Jonathan is regularly instructed to advise and act in disputes arising from sale and supply of goods and services contracts and associated payment financing agreements both domestically and internationally and in arbitration as well as litigation.

He is experienced in disputes concerning compliance with express and implied quality standards, technical specifications, breach of condition and/or warranty claims, exclusion and limitation clauses and the quantification of consequential loss claims. Jonathan also has experience in restraint of trade and competition law issues

His practice includes claims under the Commercial Agents Regulations.

Recent experiences includes:

  • Advising major UK supermarket business on quality disputes arising from sale of goods contracts for plastic carrier bags, subject to English law in the courts of Hong Kong.
  • Advising in dispute arising under software sales promotion contract concerning termination and ownership of IP rights, subject to English and Indian law.
  •  Acting in lengthy Commercial Court litigation by UK distributor against Taiwanese manufacturer of mobility scooters including issues of EU competition law.
  • Advising Malaysian retailers in claim under cross-undertaking for damages under search and seizure order in support of ICC arbitration claim.

Sport


Jonathan’s sports law work covers a range of commercial and civil law practice areas seen in a sporting context, from commercial contracts, insurance, professional liability, employment law and discipline, personal injuries, to judicial review. Recent experience includes:

  • Acting for international IOU federation in defence of judicial review proceedings challenging its selection of Olympic Events for Rio 2016 Games,
  • Acting for university sports club in Chancery Division action concerning eligibility criteria for a Higher Education Institution’s membership of British Universities & Colleges Sport Ltd, the governing body for competitive HEI sport.
  • Acting for Chief Commercial Officer in service contract dispute with FA Premier League club.
  • Advising the FA on public liability insurance coverage dispute arising from a career ending injury to England international player.
  • Acting for Middlesex Cricket Club and former international NZ test cricketer in appeal to ECB against refusal to register him as a Qualified Player eligible to play English County cricket
  • Advising UK motor sports regulator on structural governance and competition law issues.
  • Acting for owners of competitive show jumping horses in action concerning competing ownership claims, including urgent interim remedies,
  • Advising former Welsh international and British Lions rugby player in employment contract dispute with former club.
  • Acting for Premier League football club in defence of multi-million pound clinical negligence action brought by Youth Academy player arising from post-injury rehabilitation,
  • Acting for owners of outdoor activity centre in defence of £10 million negligence action following catastrophic activity related injury to teacher,
  • Acting for motor sport supervising body in defence of multi-million pound negligence action concerning safety of motorcycle race track.
  • Acting in numerous negligence actions in which Premier League footballers have claimed damages for loss of career prospects including sponsorship contracts. image rights and managerial prospects.

Jonathan is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and a Chartered Arbitrator (C.Arb). He sits as a sole and panel arbitrator in domestic and international professional sport and related commercial arbitrations by institutional appointment (including Sport Resolutions UK, the FA and UCI) or ad hoc.

Call +44 (0)20 7832 1111 for more information

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