Introduction
Jonathan Gale is an experienced advocate in business and property matters. In addition to his practice as a barrister, he is a qualified mediator and a member of the CIArb.
He has extensive experience in a range of commercial matters including debt recovery, commercial landlord and tenant claims, shareholder and internet disputes, as well as representing businesses in trademark, passing off, copyright and design-right cases.
He provides specialist advice on complex issues regarding Land registration applications, and disputes around boundaries, covenants and rights of way. He has been involved in litigation both seeking and resisting injunctions.
He is a tenacious advocate at trial, and strategically marshals the evidence and arguments to maximum effect in the courtroom.
He appeared successfully for the internet music publisher Moviebox (International) in the case of Moviebox Megastores International Limited and Oriental Star Agencies Limited v Rahi and others [2023] EWHC 501 (Ch). In that case he prevented the closure of the internet music business by unravelling an elaborate fraud relating to copyright ownership. https://www.bailii.org/ew/cases/EWHC/Ch/2023/501.html
Jonathan successfully pleaded and argued a claim in the economic tort of causing loss by unlawful means, and obtained three interim injunctions and success after a 9-day trial.
He appeared in the Court of Appeal in the case of Clapham and others v Narga [2024] EWCA Civ 1388 https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2024/1388.html&query=(title:(+clapham+))
which concerned adverse possession and land registration. Jonathan argued robustly for the rights of registered landowners against historic claims of adverse possession.
He has successfully appealed to the Court of Appeal on two occasions, drafting grounds in cases concerning costs.
Jonathan has appeared in IPEC and before the Intellectual Property office in various trademark and passing off disputes.
He successfully represented a popular rave DJ in resisting a passing-off claim brought by a rival events organiser for passing off.
A graduate of the university of Cambridge, In 2011 he was awarded Oxford University’s prestigious Diploma in Intellectual Property Law.
Recently, he has:
- Resisted a claim for breach of covenant, saving a family orchard;
- Defended an unjust enrichment claim against a businessman seeking recovery of a debt;
- Defended a claim against a seller of a large luxury property in relation to a dispute over a cesspit;
- Advised and completed drafting on defence to forfeiture claim, alleging proprietary estoppel, representing his client in a successful mediation which enabled the continuation of a restaurant business;
- Presented an urgent and successful application to abridge service in a possession claim against trespassers;
- Represented a landlord’s agent in a private prosecution relating to housing disrepair;
- Represented a family in a claim involving rights of way, trespass and harassment, obtaining damages for the latter;
- Represented a shareholder of a company against a defendant at trial, who was ordered to sell his share of the company’s property. Jonathan obtained an interim injunction against the same defendant preventing removal of company property.
Reported cases include:
Trade Mark infringement
Commercial
Jonathan has a great deal of experience of a range of commercial matters including debt recovery, commercial landlord and tenant claims, shareholder and internet disputes, as well as representing businesses in trademark, passing off, copyright and design-right cases.
He appeared successfully for the internet music publisher Moviebox (International) in the case of Moviebox Megastores International Limited and Oriental Star Agencies Limited v Rahi and others [2023] EWHC 501 (Ch). In that case he prevented the closure of the internet music business by unravelling an elaborate fraud relating to copyright ownership. https://www.bailii.org/ew/cases/EWHC/Ch/2023/501.html
Jonathan successfully pleaded and argued a claim in the economic tort of causing loss by unlawful means, and obtained three interim injunctions and success after a 9-day trial.
He has successfully appealed to the Court of Appeal on two occasions, drafting grounds in cases concerning costs.
Recently, he has:
- Defended an unjust enrichment claim against a businessman seeking recovery of a debt;
- Defended a claim against a seller of a large luxury property in relation to a dispute over a cesspit;
- Advised and completed drafting on defence to a forfeiture claim, alleging proprietary estoppel, representing his client in a successful mediation which enabled the continuation of a restaurant business;
- Presented an urgent and successful application to abridge service in a possession claim against trespassers;
- Represented a landlord’s agent in a private prosecution relating to housing disrepair;
- Represented a shareholder of a company against a defendant at trial, who was, unusually for an unfair prejudice petition, ordered to sell his share of the company’s property. Jonathan obtained an interim injunction against the same defendant preventing removal of company property.
Intellectual Property
Jonathan has extensive experience in trademark, passing off, copyright and design-right cases.
Jonathan appears in the IPEC and before the Intellectual Property office in various trademark and passing off disputes.
He successfully represented a popular rave DJ in resisting a passing-off claim brought by a rival events organiser for passing off.
A graduate of the university of Cambridge, In 2011 he was awarded Oxford University’s prestigious Diploma in Intellectual Property Law.
He appeared successfully for the internet music publisher Moviebox (International) in the case of Moviebox Megastores International Limited and Oriental Star Agencies Limited v Rahi and others [2023] EWHC 501 (Ch). In that case he prevented the closure of the internet music business by unravelling an elaborate fraud relating to copyright ownership. https://www.bailii.org/ew/cases/EWHC/Ch/2023/501.html
Other reported cases include:
Real Estate
Jonathan provides specialist advice on complex issues regarding Land registration applications, and disputes around boundaries, covenants and rights of way. He has been involved in litigation both seeking and resisting injunctions.
He is an effective trial advocate and has appeared numerous times in the courts and at the Property Chamber on claims relating to covenants, easements, land ownership, adverse possession and beneficial interest.
He appeared in the Court of Appeal in the case of Clapham and others v Narga [2024] EWCA Civ 1388 https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2024/1388.html&query=(title:(+clapham+)) which concerned adverse possession and land registration. Jonathan argued robustly for the rights of registered landowners against historic claims of adverse possession.
Recently he has:
- Resisted a claim for breach of covenant, saving a family orchard;
- Defended a claim against a seller of a large luxury property in relation to a dispute over a cesspit;
- Advised and completed drafting on defence to forfeiture claim, alleging proprietary estoppel, representing his client in a successful mediation which enabled the continuation of a restaurant business;
- Presented an urgent and successful application to abridge service in a possession claim against trespassers;
- Represented a landlord’s agent in a private prosecution relating to housing disrepair;
- Represented a family in a claim involving rights of way, trespass and harassment, obtaining damages for the latter;
- Represented a defendant in a claim for a beneficial interest in property which he was to sell. He successfully appealed a High Court costs order on an interim injunction
(Uddin v Hussain [2023] EWCA Civ 1127
https://www.bailii.org/ew/cases/EWCA/Civ/2023/1127.html) and went on to have the claim struck out.
Education
Oxford University – Postgraduate Diploma in Intellectual Property Law and Practice (2010-2011)
Gray’s Inn – Called to the Bar (2009)
BPP London – Bar Vocational Course Very Competent (2007-2009)
BPP London – Graduate Diploma In Law Commendation (Part Time) (2005-2007)
Cambridge University (Churchill College) – BA (Hons) 2(i) / MA Cantab (1996 / 1999)
Phoenix Dispute Solutions – Mediation training – 2021
CIArb Mediation training 2022
