Jon Lester has a focus on property, commercial disputes, and professional negligence, but his capability extends to all areas of Chambers’ offering. As well as in the County Court, he has represented clients in the High Court and the First-tier Property.
Jonathan Lester was successful in securing restitution for unjust enrichment for his client in respect of construction works done on property belonging to the defendant. Restitution was awarded on the grounds that the defendant had “freely accepted” the benefits conferred by Jonathan’s client.
In giving judgment, His Honour Judge Raeside QC noted the doctrine of unjust enrichment by “free acceptance” to be controversial in English and Welsh law, but nevertheless found it to be open to him on the authorities as they stand. Crucially, Jonathan was successful in arguing that the sums owing for restitution were capable of being secured over the property by an equitable lien, giving his client an interest in the defendant’s property that secures the sums owing by defendant. This was a much better outcome for the claimant than a personal indebtedness against the defendant alone.