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 seconded to a leading law firm in Dubai in March/April 2014 to work with a team of six on a DIAC construction case. He worked on the statement of claim and witness statements. He is registered to appear in the DIFC Courts. 

Jonathan’s recent financial services experience includes:

  • Acting for individuals and companies mis - sold 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 a Clearing Member on its potential liabilities to its clients arising from the default of a CCP;
  • Assisting on 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 undertook two secondments to the FCA’s General Counsel’s Division (five months) and the Bank of England (four months) in 2012/13. 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 has an extensive employment 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 developing a pensions law practice within Chambers’ established team. He has advised on crossover matters with the financial services and employment spheres.

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.

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

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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