Jonathan Moffatt

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

Jonathan practises in financial services, arbitration, employment and discrimination and pensions matters.

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 was awarded the Diplock Scholarship by Middle Temple Inn.


Financial Services

Jonathan’s recent financial services experience includes:

  • Acting for individuals and companies for mis - sale of interest rate swaps and mortgages in High Court and FOS proceedings;
  • Advising firms on whether they fall within the FCA’s regulatory perimeter, such as providers of services to members of occupational pension schemes seeking to establish and manage Small Self Administered Schemes;
  • Advising investment scheme operators whether their schemes are “collective investment schemes” and the regulatory implications;
  • Advising an American Law Firm and Clearing Member on the latter’s exposure to its clients arising from the default of a CCP;
  • Assisting on disclosure in a multi – million pound commercial fraud case;
  • Advising a county council’s legal department on its regulatory status arising from the provision of employment law service packages to schools;
  • Advising transferee employers on their liabilities in relation to transferring employees’ pension entitlements.


Jonathan gained extensive experience on secondments to the Retail Conduct team in the FCA’s General Counsel’s Division (five months) and the Bank of England (four months) in 2012/13. At the FCA he advised primarily on the interest rate hedging product review, including the application of the principles relating to consequential loss. He also worked on unfair terms in insurance and mortgage contracts and payment protection insurance complaints.

At the Bank of England Jonathan reviewed CCPs’ rulebooks for compliance with EMIR and the recognition requirements for clearing houses. He is the author of the CCPs chapter in Butterworths Financial Regulation Service.

Jonathan was Judicial Assistant to Lord Justice Rix in the Court of Appeal for the Easter and Trinity terms in 2012. He drafted opinions on appeals in commercial, financial services 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.


Arbitration

Jonathan was seconded to Hadef & Partners, Dubai for March/April 2014 to draft the statement of claim in a DIAC arbitration case between a renowned developer and master developer. He is registered at the DIFC Courts.


Employment and Discrimination

Jonathan has a comprehensive employment and discrimination practice representing Claimants and Respondents in civil courts and tribunals in all manner of 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 recently spoke at a county council’s annual employment law conference.

Jonathan is standing Counsel to the British Association of Journalists and a member of the Employment Lawyers Association.


Pensions

Jonathan is developing a pensions law practice within Chambers’ established team. He has also advised on crossover matters with the financial services and employment spheres.

Publications

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