Jonathan Moffatt

Call date: 2009
Email: Jonathan Moffatt Clerk: Dave Scothern
Areas of Law: Pensions, Financial Services, Employment & Discrimination
Practice summary

Jonathan acts in arbitration, financial services, employment and pensions matters.

Jonathan was recently seconded to a leading law firm in Dubai for two months to work with a team of six on a DIAC construction arbitration and file a statement of claim. He is registered to appear in the DIFC Courts.

Jonathan’s recent financial services experience includes:

  • Acting for individuals and companies in High Court and FOS financial product misselling claims
  • Acting for firms querying their FCA regulatory status including service providers to occupational pension schemes and Small Self Administered Schemes
  • Acting in consumer credit claims
  • Acting on disclosure in a commercial fraud action
  • Advising Dubai - based companies on debt actions against English companies and individuals resident in England
  • Advising investment scheme operators on collective investment schemes
  • Advising an American law firm on a Clearing Member’s exposure to its clients arising from the hypothetical default of a Central Counterparty
  • Advising on the safeguarding requirements for payment services institutions in insolvency events
  • Advising a county council’s legal department on its FCA regulatory status arising from the provision of legal services packages to schools
  • Member of Financial Services Lawyers Association

Jonathan’s financial services practice is rooted in secondments to the FCA’s General Counsel’s Division (five months) and the Bank of England (four months) in 2012 - 2013. At the FCA he advised on the interest rate hedging product review, unfair terms in insurance and mortgage contracts and payment protection insurance complaints. At the Bank of England he reviewed central counterparties’ rulebooks for compliance with EMIR and the recognition requirements for clearing houses.

Jonathan was Judicial Assistant to Lord Justice Rix in the Court of Appeal in 2012. He drafted opinions on commercial and employment appeals, including the banking cases of Rubenstein v HSBC Bank Plc [2013] P.N.L.R. 9 and Zaki v Credit Suisse (UK) Ltd [2013] 1 B.C.L.C. 640.

Jonathan’s employment practice includes representing Claimants and Respondents in the High Court, County Court and Employment Tribunal in actions to restrict directors and employees, injunction applications, discrimination (disability, pregnancy, age, race, religion, sex), unfair dismissal, redundancy, protective awards, breach of contract, wages, personal injury, civil harassment and TUPE - related claims. He advises employers on their pensions liabilities in a variety of contexts, such as TUPE transfers and auto – enrolment.

Jonathan is developing a pensions law practice within Chambers’ established team.

Before commencing pupillage in 2010, Jonathan undertook a stage in DG Employment, European Commission, Brussels (five months) and an internship in a US trial - law firm (CritelliLaw) in Des Moines, Iowa, sponsored by Middle Temple Inn.

Qualifications

Jonathan received a First Class degree in History (BA Hons) and the Jean Henderson prize at the University of Exeter. He completed his Graduate Diploma in Law and Bar Vocational Course in London and he was awarded the Diplock Scholarship from Middle Temple Inn. He was called to the Bar in 2009 and he is a qualified volunteer for the Free Representation Unit.

Publications

  • “Central Counterparties” chapter, Butterworths Financial Regulation Service
Jonathan Moffatt
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