Jonathan Miller specializes in international heavyweight commercial and chancery litigation and substantial fraud claims. Such litigation typically involves complex issues of law relating to jurisdiction and choice of law; and the wide ancillary and preventative measures available from the High Court in London – principally freezing injunctions and asset disclosure orders, the equitable tracing of assets, constructive trusts, s423 orders and restitutionary remedies. Jonathan has been involved in some of the most substantial litigation in the Commercial Court in recent years, including the long-running Kazakhstan Kagazy litigation and the litigation over the Venezuelan gold reserves in the Bank of England.
Jonathan advises upon and litigates in the areas of banking and finance law; international commercial arbitration; competition law; financial services regulation; guarantees; international law, jurisdiction and forum applications, conflict of laws, corporate and personal insolvency, director’s and trustees’ duties, shareholders’ rights and derivative claims; intellectual property litigation and advice; protection of confidential information and related restrictive covenants and injunctive relief.
- Deutsche Bank AG v Central Bank of Venezuela  EWHC 2040 (Comm) (recognition of foreign judgments);  QB 455;  UKSC 57;  2 WLR 167 (international law/banking & finance/constitutional law/act of state);  EWCA Civ 1249;  EWHC 1721 (Comm)
- Kazakhstan Kagazy Plc & ors v Zhunus & ors  EWHC 3462(Comm) (fraud/tracing proceeds of fraud/s423);  EWHC 2287 (Comm) (committal);  EWHC 2319 (Comm) (committal);  EWHC 369 (Comm);  EWHC 3374 (Comm) (fraud/Kazakh law/limitation)
- Inter-Export LLC v Townley & anor  EWHC 530 (Ch) (fraud)
- In re Hand’s Will Trust  Ch 449 (human rights)
- Kazakhstan Kagazy Plc & ors v Zhunus & ors  EWCA Civ 381 (freezing orders)
- Phillips v Fryer  BCC 176 (derivative claim);
- NMBS v Bellamy & anor  EWCA Civ 452;  EWHC 2563 (Ch) (guarantees)
- Cooke v Hopper  EWCA Civ 175 (agent’s commission)
- Bibby Financial Services & anor v Magson & ors  EWHC 2495 (guarantees/delivery of deeds)
- Close Invoice Finance v Watts  EWCA Civ 1182 (guarantees)
- Lloyds TSB Commercial Finance v Melia  EWHC 1114 (fraud/contempt)
- DCD Factors Plc v Ramada Trading Ltd  Bus LR 654 (letter of credit fraud)
- Caudle v LD Law Ltd  1 WLR 1540 (letters of administration/conversion)
- Davies v Wm Morrison Supermarkets Plc  EWCA Civ 594 (defamation)
- Barnes v Handf Acceptances Ltd & ors  EWCA Civ 314 (abuse of process/pleadings)
- Secretary of State for Trade and Industry v Paulin  BCC 927,  2 BCLC 667 (director’s disqualification)
- Fortis Bank SA v Trenwick International  EWHC 399 (estoppel)
- Liquidator of Marini Ltd v Dickenson & ors  BCC 172 (repayment of unlawful dividends)
- LG Electronics Inc v Clevo Computer Company & ors (2004) Ch D (IT patents)
- Padden v Arbuthnot Pensions & Investments Ltd  EWCA Civ 582 (declaratory relief)
- Hill v Bailey  1 All ER 1210 (costs)
- Lakah Group v Al Jazeera  EWHC 2500 (defamation)
- Salvidge v Hussein  BPIR 4 (insolvency/evidence)
- Soleimany v Soleimany  3 WLR 811 (arbitration/illegality)
- Conversational French and Russian
Barrister: Jonathan Miller
Address: 1EC, 3 King’s Bench Walk North, Inner Temple, London, EC4Y 7HR
The Purposes for which Personal Data is Processed:
Personal data will be processed in order to enable the provision of legal services, ie:
- representation in court;
- the drafting of legal documents.
It may also be necessary to retain personal data for conflict-checking purposes or for use in the defense of potential complaints, legal proceedings or fee disputes.
The Lawful Basis for Processing Personal Data
In some cases the subject of the personal data will have given consent to the processing of his or her personal data. Where explicit consent has not been given, personal data will be processed only when:
- it is necessary for the performance of a contract with the person whose personal data is processed (or prior to entering such contract, in order to take steps at the request of the person whose personal data is processed); or when
- it is necessary for the purposes of providing legal services.
Special Categories of Personal Data
It may be necessary to process personal data which constitute particularly sensitive special categories, ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
Such data will only be processed where processing is necessary for the establishment, exercise or defense of legal claims.
Who will receive Personal Data
The recipients of the personal data processed will be:
- instructing solicitors and clients;
- courts and other tribunals to which documents are presented;
- witnesses and potential witnesses, including expert witnesses;
- other barristers, pupil barristers and other legal representatives;
- regulatory authorities.
Retention Periods for Personal Data
Personal data in case files will generally be kept at least the end of one year after the maximum relevant limitation period has expired. The limitation period will be measured from the latest date it is possible to bring any appeal.
The retention period will be reviewed when the work has been completed. The retention period may be adjusted at that time.
International Data Transfers
If your personal data has been processed or held, you have a right to request access to (and rectification or erasure of) personal data; or to request restriction of processing concerning the data subject; or to object to processing; as well as the right to data portability. These rights may be limited where there is a legal requirement, or other legitimate grounds, to process your data.
If you wish to exercise these rights, please use the contact details above.
If you have unresolved concerns you also have the right to complain to data protection authorities.