Practice overview
Josh specialises in commercial dispute resolution, insurance, property and professional negligence work. He has a busy practice, appearing at all levels from the County Court and First-tier Tribunal to the High Court, and has recently appeared as sole counsel in the Court of Appeal in [Ceredigion Recycling and Furniture Team v Pope [2022] EWCA Civ 22.] His reported cases as sole counsel also include Thandi v Saggu [2023] EWHC 1379 (Ch) and Patel v Awan [2024] EWHC 464 (Ch). He is also experienced acting as junior counsel, having been led by Brie-Stevens-Hoare KC and Nigel Jones KC, among others.
In addition to his case work, Josh has extensive additional experience across his areas of practice.
- Building on his pupillage at a leading commercial set specialising in international trade, banking and insurance, Josh worked as a judicial assistant in the Commercial Court, sitting with Mr Justice Henshaw and Mr Justice Andrew Baker.
- As an adjutant to his insurance practice, he is a contributor to the leading practitioner text Insurance Broking Practice and the Law, edited by CMS Cameron McKenna Nabarro Olswang.
- As well as his experience acting in all manner of commercial and residential property disputes, Josh worked at the Law Commission for a year on the ‘Updating the Land Registration Act 2002’ project.
- Josh adopts a pragmatic approach to litigation and is well versed in with all manner of procedural issues and applications. As a result, he was invited to join the Witness Evidence Working Group and worked on the implementation of Practice Direction 57AC. He is well-placed to advise on issues of compliance under the new witness statement regime.
Josh is deeply committed to pro bono work. He was nominated for Young Pro Bono Lawyer of the Year in 2020 and won the John Collins Pro Bono Excellence Award in 2022.
Josh studied law with French law and speaks conversational and legal French. He is comfortable working on cases with substantial French documentation. He was recently instructed to assist the BVI office of a leading global law firm in identifying relevant French-language documents in a case involving claims of unfair prejudice and claims against directors.
Outside of work, Josh enjoys yoga, travelling, gardening and bird watching.
Areas of expertise
- Commercial dispute resolution
Commercial dispute resolution
Josh is a specialist commercial practitioner and welcomes instructions in all types of commercial matters. He has extensive experience of commercial litigation and arbitration, including being led by Nigel Jones KC and Emily Betts in a multi-million-dollar claim involving breach of international licensing agreements and appearing as sole counsel in the Court of Appeal in Ceredigion Recycling and Furniture Team v Pope [2022] EWCA Civ 22. He is happy to take on cases with a cross-border element.
Josh has particular experience in the banking & finance, international trade, construction, energy and telecommunications sectors. In addition to his own work, he has the experience of sitting with two Commercial Court Judges and observing a wide range of high-level commercial work. His experience includes:
- Banking & Finance – guarantees, powers of attorney, secured lending, enforcement (including mortgage possession and orders for sale).
- International trade – bills of lading and charterparty disputes including cargo damage claims, freight claims, demurrage disputes, off-hire claims and bunker disputes.
- Company – shareholder disputes, claims against directors, issues relating to bona vacantia, applications under the Companies Act 2006 (including late registration of charges and to rectify the register).
- Commercial contracts – including commercial services contracts, sale of property, commission and termination/renewal
- Insolvency – contested winding-up & bankruptcy petitions, statutory demands and related applications, and claims against directors under Insolvency Act 1986.
- Consumer claims – acting for financial institutions, lenders and consumers in cases involving Consumer Credit Act 1974 and Consumer Rights Act 2015.
- Insurance – domestic and international insurance disputes (for further information see Josh’s “Insurance” tab).
- Civil fraud & asset tracing – preservation orders and freezing injunctions.
- Private international law – enforcement of foreign judgments and service out of the jurisdiction.
- Property
Property
Josh has a busy property practice and has extensive experience in the full range of landlord & tenant, real property and mortgage disputes. He has an extensive understanding of land registration from his time working on the ‘Updating the Land Registration Act 2002’ project as a research assistant at the Law Commission. His work focussed in particular on mines and minerals, easements, adverse possession, mortgages and sub-mortgages and the jurisdiction of the First-tier Tribunal. He has extensive litigation experience, recently having been led by Brie-Stevens KC in a complex & long-running property dispute, and as sole counsel such as in Thandi v Saggu [2023] EWHC 1379 (Ch) and Patel v Awan [2024] EWHC 464 (Ch).
His work includes:
- Commercial L&T – 1954 Act tenancies, dilapidations, break clauses, rent review clauses, rent and other arrears, vesting orders, forfeiture and relief from forfeiture.
- Residential L&T and Housing – possession proceedings including forfeiture, enforcement of possession orders, disrepair/dilapidations, service charges, tenancy guarantees & deposits, leasehold enfranchisement & extensions, and unlawful eviction/harassment.
- Real property disputes – easements and rights of way, restrictive covenants, trespasser possession claims, neighbour/boundary disputes, TOLATA, constructive trusts, proprietary estoppel and claims against HM Land Registry.
- Mortgages, charges and secured lending – mortgage possession, powers of attorney, charging orders and orders for sale.
In addition, Josh deals with all aspects of commercial, insurance and professional negligence that are ancillary to property work (including property finance, professional negligence against conveyancers, surveyors and property professionals and property-related insolvency).
- Professional liability
Professional liability
Josh accepts instructions in professional negligence cases involving legal and property professionals on behalf of both claimants and defendants. He recently succeeded for the defendants in a 3-day trial of a claim against conveyancers for failing to advise about mortgageability of an office-conversion.
His work includes:
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- Legal Professionals – including claims against solicitors (including a leading international commercial law firm) for negligent conduct of litigation, claims against Counsel and claims relating to non-contentious business.
- Conveyancers – claims alleging negligence in leasehold & freehold conveyancing on matters such as rights of way, ground rent, lease terms, extent of property and search results.
- Other property professional – claims against surveyors, valuers, architects, letting agents and construction professionals.
- Insurance – claims against brokers and direct claims against professional indemnity insurers under the Third Parties (Rights against Insurers) Act 2010.
A significant proportion of Josh’s instructions are funded by insurance, Josh is sensitive to the commercial needs of insurers and the demands placed on solicitors who have both insurer and insured clients.
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- Insurance coverage
Insurance coverage
Josh has experience in insurance-related disputes, including marine, professional indemnity, property risks, public liability and consumer insurance policies and disputes between insurers and brokers. He is also a contributor to the leading practitioner text Insurance Broking Practice and the Law, edited by CMS Cameron McKenna Nabarro Olswang.
He deals with all aspects of insurance coverage together with claims against insurance professionals and intermediaries as well as bringing and defending claims against insured professionals and direct claims against insurers under the Third Parties (Rights against Insurers) Act 2010. His recent work includes advising and drafting a claim to clawback commission from a broker & appointed representative under section 39(3) of the Financial Services and Markets Act 2000
A significant proportion of Josh’s instructions are funded by insurance, particularly in his professional negligence practice, and he is often instructed on disputes where the opposing party’s costs are funded by insurance. Josh is sensitive to the commercial needs of insurers and the demands placed on solicitors who have both insurer and insured clients.
CSR & pro bono
Josh is an active member of Advocate (formerly the Bar Pro Bono Unit) and has frequently obtained pro bono costs orders. He also participates in the Chancery Litigant in Person Support Scheme (CLIPS), providing advice and advocacy pro bono to unrepresented parties in the interim applications court in the Chancery Division.
He was nominated for Young Pro Bono Barrister of the Year at the 2020 Bar Pro Bono Awards, and won the John Collins Pro Bono Excellence Award in 2022.
He previously volunteered with Citizens Advice as an adviser from 2013 to 2016 and with the Alzheimer’s Society by drafting Lasting Powers of Attorney.
Professional associations
- Lincoln’s Inn
- Property Bar Association
- Commercial Bar Association
- Professional Negligence Bar Association
- Advocate (formerly The Bar Pro Bono Unit)
Qualifications
- BA Law with French Law, Worcester College, University of Oxford (First Class)
- Certificat Supérieur de Droit Français et Européen, Université Paris-Panthéon-Assas (Paris II)
- Bar Professional Training Course, BPP University (Very Competent)
Awards
- Excellence Award – BPP University
- Lord Denning Scholarship – Lincoln’s Inn
- International Trade Prize – University of Oxford
- Hogan Lovells Prize –University of Oxford
- College Scholarship –Worcester College, University of Oxford
- John Collins Pro Bono Excellence Award 2022
Languages
- French – Advanced
- Spanish – Intermediate
