Jaysen Sharpe

Areas of expertise

• Property

  Property

  Jaysen has a busy property practice and accepts instructions in all areas of real property, trusts of land disputes, and commercial & residential landlord and tenant law.

  He frequently appears on behalf of private and institutional landlords, pub companies, housing associations, and financial institutions, in possession hearings, applications, CCMCs, committals, and trials.

  His recent work includes:

  • obtaining civil restraint orders to prevent the frustration of warrants of possession;
  • being led by Laura Tweedy later this year in the Court of Appeal in Poplar Housing and Regeneration Ltd Community Association v Kerr CA-2023-001617;
  • being led by Brie Stevens Hoare KC in a boundary dispute and emanation of sewage nuisance claim;
  • obtaining a favourable settlement at mediation for the owner of an equestrian property in a boundary and water supply easement dispute;
  • advising a commercial tenant on the validity of section 25 notices under the 1954 Act and the identity of the competent landlord;
  • advising the new owner of a residential property who found a tenant in occupation after completion;
  • settling a claim under the Access to Neighbouring Land Act 1992 at trial and still obtaining a costs order in favour of the Defendant;
  • successfully opposing pre-action disclosure applications brought against a water and sewerage undertaker following flooding to a property;
  • successfully establishing at trial that a purported sale of part of the land did not amount to an overriding interest binding on a subsequent purchaser;
  • varying a suspended possession order to rely on mandatory ground 7A where the tenancy pre-dated the introduction of ground 7A and contained restrictions on the grounds for possession;
  • advising on and drafting pleadings in various boundary and rights of way disputes relating to commercial premises, residential neighbour disputes, and a large Estate;
  • drafting particulars of claim for recession following misrepresentation in a luxury property purchase.
• Commercial dispute resolution

  Commercial dispute resolution

  Jaysen has a strong commercial practice and has experience of a wide variety of commercial work as a junior and in his own right, and recently appeared unled in the High Court in a successful and rare application for a freezing order against a solicitor’s client account.

  Jaysen has experience of working in large teams and was instructed as disclosure counsel in a 5 month disclosure exercise for Vale S.A in the Part 20 claim arising from a $4.5bn claim brought by 732,000 claimants following the collapse of the Fundão Dam in Brazil.

  Jaysen was led by PJ Kirby KC in Norsand Consultancy Ltd v Anandanadarajah & Ors [2022] EWHC 89 (Ch) and successfully obtained a £6 million judgment for unpaid commission for introductions in the oil and commodities broking sector, where the defendant director was found to have procured breaches of contract by his own company.

  Jaysen has experience of unfair prejudice petitions and as a pupil assisted Emily Betts in advising the majority shareholder of Cardiff City FC on the successful defence of proceedings in Isaac v (1) Tan (2) Cardiff City Football Club (Holdings) Ltd [2022] EWHC 2023.

  He is regularly instructed by Barclays, the Bank of Ireland, Lloyds Bank, Bank of Scotland, MBNA, and Tesco Bank.

  Other recent work includes:

  • assisting David Lewis KC in advising on estoppel by convention relating to the termination of a franchise agreement;
  • striking out a defence to a claim for tortious conversion of a classic Porsche undergoing restoration;
  • appearing as sole counsel in the High Court in James-Perry v Governor and the Company of the Bank of Ireland [2022] 10 WLUK 182 where he was successful in striking out the claim against the bank and obtained an extended civil restraint order against the claimant;
  • assisting John de Waal KC in advising on delays to shipments of PPE during the pandemic in Pharmapac (UK) Ltd v HBS Healthcare Ltd [2022] EWHC 23 (Comm)
  • advising, drafting, and appearing in various applications to extend time of the registration charges at Companies House;
  • successfully opposing Part 85 third-party claims to controlled goods;
  • obtaining contested third-party debt orders under CPR Part 72 where funds were alleged to be held on trust;
  • obtaining permission 7 weeks before trial to amend particulars of claim to plead fraudulent  misrepresentation in a share purchase agreement;
  • appearing for a successful Claimant at trial where the Defendant was found to have made “a deliberate attempt to produce false evidence” and indemnity costs were awarded;
  • striking out vexatious claims brought against financial institutions and their directors;
  • defending financial institutions in PPI claims brought under the Consumer Credit Act 1974 in interim hearings and trials;
  • instructed as a junior in a successful application for a multi-million pound post-judgment worldwide freezing order; and
  • successfully establishing at trial that debts and a contract for building and plumbing works were novated from the Defendant’s near insolvent company to the Defendant personally.
• Private client

  Private client

  Jaysen has a good knowledge of trusts, Inheritance (Provision for Dependants) Act 1975 claims, and TOLATA claims. His recent work includes:

  • successfully displacing an executor’s ability to recover indemnity costs from the estate where an application to removal a joint-executor had settled;
  • advising on and appearing in various TOLATA claims;
  • advising on a 1975 Act claim made by estranged adult children of the deceased;
  • drafting a 1975 Act claim for the deceased’s partner; and
  • drafting Particulars of Claim to set aside the conveyance of a property into joint names on basis of a lack of mental capacity and undue influence by a family member.

   

• Insolvency & restructuring

  Insolvency & restructuring

  Jaysen regularly appears in winding up and bankruptcy petitions in the High Court and County Court and has a good knowledge of personal and corporate insolvency. He has experience of applications to restrain the advertisement of winding up petitions, applications to set aside statutory demands, applications to extend the appointment of administrators.

  Recent work includes obtaining summary judgment in a claim for breach of directors’ duties securing equitable compensation of over £300,000, voiding fraudulent transfers of land under s.423 of the Insolvency Act 1986, advising a landlord who brought possession proceedings against an insolvent tenant without leave, obtaining a validation order under s.284 of the Insolvency Act 1986 on behalf of the supervisors of a failed IVA, and drafting the petition for the winding up of an unregistered partnership under the Insolvent Partnerships Order 1994.

  Jaysen is a regular contributor to Gatehouse’s Junior to Junior Insolvency programme and to Lexis Nexis’ Corporate Rescue and Insolvency Journal and volunteers for the COIN Scheme and Bankruptcy Representation Scheme to assist litigants-in-person in the Insolvency and Companies Court.

• International

  International

  Jaysen has previously advised on whether permission to serve out of the jurisdiction is required and drafted an application for permission to serve out of the jurisdiction.

  Jaysen particularly welcomes instructions in commercial disputes concerning Seychelles and is eligible for temporary admission to appear before the courts of Seychelles, where there are no restrictions on his right to work.

  Jaysen recently spoke at Gatehouse’s J2J Globalised Disputes: Bringing International Claims to England and Wales on the enforcement of foreign judgments in England.