Jonathan Harvie QC

In recent years his practice has centred around international fraud. His experience is much valued both in litigation and regulatory arenas. He has extensive experience of representing both company directors and professional advisers and of dealing with issues of financial probity.

Significant cases include:

• Lloyds of London work and general City and financial derivatives cases, both in the Commercial Court and in Lloyds disciplinary proceedings and particularly the Millett inquiry and the Gatehouse inquiry.
• Kwok v Commissioners of Estate Duty 1988 1 WLR 1035 (Hong Kong) Estate Duty, promissory note/whether chose in action)
• Corporate fraud generally and including R v NatWest Investment Bank and Others 1989-92
• (Blue Arrow) - particularly rights issues, part VI Companies Act 1985 and disclosure obligations, duties of Bankers generally.
• See also Sundt Wrigley/Wrigley and note RSC 1993 4th supp p.40
• Frogmore Estates v Berger 139 NLJ 1560
• Jyske Bank (Gibraltar) Ltd v Spjeldnaes & Others. - Acted on behalf of the First Defendant in a Directors Fraud, £70 million, constructive trust and directors duties. Also tracing claims, waiver and affirmation and conflict of laws in banker/employee context.
• See also Heinl v Jyske Bank C.A. Times September 28 1999; Successful in Court of Appeal for another Defendant, standard of proof for dishonesty/rectification affirmation/dishonest assistance/knowing receipt.
• Professional negligence, particularly including relationships with professional bodies; several cases both acting for and against the Law Society and the British Medical Association. Also in the commercial context of Classification Societies. The ‘Nicholas H’. Now H.L. [1995] WLR 227
• Contracts of Employment including restrictive covenants, fiduciary duties and confidentiality, both for and against directors/employees e.g. Blue Arrow and Sundt Wrigley/Wrigley (see above). Commercial Competitive Tendering legislation/TUPE
• Also Herde v Mahabirsingh [1992] 1 WLR 869 (PC) (fixed and floating charges -priorities as between bank or employees under a statutory scheme) (see also 1988 1 WLR 1035 and 1990 2WLR 612)
• Sundt Wrigley (unreported)  Hedge funds, duty of trustees and directors, extent of mandate, company law responsibilities, knowing assistance, knowing receipt, tracing.
• Instructions in construction generally and shipbuilding and repair cases and rig building and repair cases and also in general construction work including various Official Referee construction cases.
• Neptune Navigation Co v Ishikawajuma - Harima Heavy Industries [1987] 1 LLR 24 (new building/injunction restraining disposal)
• Succula Ltd v Harland & Wolff Ltd [1980] 2 LLR 381 (appointment of arbitrators)
• Harland v Wolff new shipbuildings arbitrations 1978-1980

Transcontainer Express v Custodian Security Ltd [1988] 1 LLR 128 (negligence/sub bailees/duty of care)

Felixstowe Docks v US Lines [1987] 2 LLR 76

Grace Shipping Inc v CF Sharp & Co (Malaya) Pte Ltd [1987] 1LLR 207

Jonathan’s practice in public law lies principally in the commercial and regulatory fields.

Jonathan was a Recorder for many years, is a Bencher of the Middle Temple and remains a Member of the Professional Conduct Committee Prosecuting Panel.

His particular interest and expertise in the public law arena arises from his understanding and knowledge of all aspects of the horse racing and betting industries.  He has advised the Jockey Club, the British Horseracing Board and most of the players and regulators within the industries.

Judicial Review and Regulatory Tribunals

This work includes advising professional tribunals such as the Law Society, the Legal Aid Board, the British Medical Association, the Radio Authority, City bodies (e.g. IMRO/LAUTRO) generally; also advising authorities vis-a-vis judicial review and the powers and duties of local authorities generally; has advised the British Horseracing Board, Tote, major bookmakers and other relevant parties on the structure of the racing and betting industries and rights and liabilities between interested parties. Mr. Harvie has also been instructed in cases dealing with the position of privatised industries in the judicial review framework, especially in the water, gas and electricity industries.

Jonathan acts frequently for and against professionals (particularly solicitors and barristers) in respect of allegations of impropriety and/or contempt of court.  As a long standing member of the Professional Conduct Committee Prosecuting Panel he has great experience in relation to the proper disposal of issues relating to professional impropriety.

Constitutional aspects of regulatory tribunals - interesting cases include:

Pesskin v Mischon de Reya [2003] EWHC 1745 (Ch)
Solicitors’ obligations to note advice given.

Bateman v Legal Services Commission [2002] ACD 187

X v Y [2002]
Unfortunately unreported because of a Contempt of Court Act order  - dealing with the relationship between dishonest assistance and knowing receipt.

Turner v Grovit [2001] UKHL 65
Brussels Convention

Kwok v Commissioner of Estate Duty [1988] 1 WLR 1035
Hong Kong/Estate Duty/promissory note/whether chose in action.

Sookoo v A.G. of Trinidad and Tobago [1986] AC 63
Constitution/judicature appeared for the Attorney General.

St. Christopher Nevis and Anguilla v Reynolds [1980] AC 637
Constitution/false imprisonment/exemplary damages appeared for Respondent (PC).