I have acted in a number of professional negligence suits, which touch on a variety of professions but I have a particlarly strong practice in claims concerning solicitors. I have been instructed by disappointed litigants and solicitors in matters including:
- A claim against a firm of solicitors for the conduct of a defence in the Chancery Division; the substantive proceedings concerning the sale of a £650,000 residential home.
- The defence in a claim for £550,000 arising from an allegation that the solicitor unreasonably failed to scrutinise interests in land before the conveyance took place.
- Strike out of a claim brought for £72,000 in which the claimant alleged that the solicitor had negligently advised on and conducted litigation against real estate agents folowing the purchase of a property in Bulgaria.
- A claim against a solicitor for breach of trust; the solicitor having released funds to their own client that were held on trust for the benefit of the opposing party.
- Strike out of case alleging that a solicitor had negligently prepared proceedings in the Family Division.
- A claim against a firm of solicitors who conducted the client's defence to a partnership dispute; the partners in dispute themselves being solicitors.
- A claim against an insurer and solicitor for failing to advise their client of the 3-month limitation period for the Employment Tribunals, with the result that the client lost the chance of bringing those proceedings.
I firmly believe that the best way to get to grips with a case is to meet and discuss it face-to-face. I am therefore available to hold conferences in Temple, London. I do not normally charge for the conference time as I consider this to be a crucial aspect of the work required, be it trial preparation or drafting documents. I also travel nationwide and am happy to hold conferences nearer to you, if that would help.
Due to my busy court work diary, I am not always available to take telephone calls throughout the day. I do, however, respond to all messages within 24 hours, at least by email in the first instance.
Re Yalcinkaya & Paling (QBD, September 2015). Advice and representation in a property damage claim following a series of arson attacks on the Claimants’ homes, the last of which caused the house to be destroyed by fire. Pre-trial settlement achieved and approved by the Court.
Re Estlick (QBD, July 2015). Advice and representation in an interesting case for loss of enhanced pension provision further to a compromise agreement. The issues went to the construction of the settlement contract and the extent of the Claimant's lost chance given that a third party pensions provider was responsible for determining applications for the enhanced disability pension. Expert forensic accountancy evidence was also called to value the difference between the standard pension and the enhanced pension. Settled favourably at pre-trial JSM.
Silva v Seago (February 2015, HHJ Owens, Oxford County Court). Successful resistance to an appeal against a decision not to grant relief from sanction, which effectively deprived the Claimant of permission to rely on a rheumatology report that was thought to be worth over £1million to the value of the claim.
Perry v Stevens (January 2015, Recorder Bright QC, Birmingham County Court). Successful multi-track trial arising from a road traffic accident. Following cross examination, the Judge found that the witness for the other side had ‘woven a tissue of lies’. I accordingly sought a referral to the Attorney General for contempt, which was directed by the Court.
Pemberton & Pemberton v Wainwright & Wainwright (May 2014, Recorder Whipple QC, Taunton County Court). Represented a landowner over a two-day multi-track trial with oral expert evidence on both sides. The question for the Court was whether the Defendant, who enjoyed an easement over a 300m drive, was liable to pay for anticipatory flood defence measures under a covenant to contribute to the ‘repair, maintenance and renewal’ of the driveway. The Court accepted that the Defendant was so liable within the terms of the covenant and that the works were reasonable on the expert evidence.
Khaleque v HSBC Trust Company & Ors (2012-2014). An interesting case in which the deceased promised his wife maintenance over her lifetime provided she forbore objection to divorce proceedings. In the event, the deceased made a non-provision declaration in his will. Claim brought in the Chancery Division for misrepresentation, breach of contract and failure to make reasonable financial provision pursuant to the 1975 Act.
Re Grice (Deceased) (2014). A claim by the fiancée of the deceased who was killed in a car accident by the tortfeasor before being able to change his will for the benefit of the claimant. Claims against the tortfeasor under the Fatal Accidents Act 1976 and the deceased’s estate by the Inheritance (Provision for Family and Dependants) Act 1975. Settled favourably.
ECS Groundworks v Dominion Mosaic (October 2013, HHJ Bailey, Central London County Court). Represented a groundworks contractor over a three-day multi-track construction trial raising issues as to the authority of a managing agent in ordering extra works. Claim successful in its entirety, the learned Judge having no hesitation in finding that the Defendant’s agent had implied authority to order the works.
Patton v Gate-a-Mation (Reading Employment Tribunal). For employee, a company secretary; claim for unfair dismissal following a TUPE transfer during administration. Successful at first instance and EAT subsequently withdrawn by Respondent following grounds of resistance.
Downing v IMG (2013). Instructed in a claim for over £450,000 following the delivery of a substandard yacht. Settled favourably.
I have a broad common law practice, which incorporates professional negligence, employment, commercial/insurance litigation, chancery, construction and property law.
I am in court daily and represent both claimants and defendants. My clients include individuals, businesses, insurance companies, personal representatives, trustees and charities.
I have appeared in the both the Chancery and Queen’s Bench Divisions, most recently in proceedings arising out of the administration of £1.5 million estate. I am presently instructed in six-figure litigation and am sole counsel in further High Court litigation involving the construction of wills and breaches of contract. I am insured to accept cases of up to £7.5million in value.
I am happy to accept instructions to advise on merits, quantum and tactics, as well as to draft statements of case (claims and defences).
What my clients say
"My wife and I arranged a meeting with Joshua with regard to our dispute, and we found him very sympathetic to our situation. We instructed him to act on our behalf in our dispute with our daughter and he understood the delicate nature of the situation and he dealt with the problem in a very efficient and sensitive manner. His knowledge of the law in this area was very impressive, and as stated at the beginning he gave us precise information to all his reasonable costs. I hope I do not have to use his services again, but if I do I will have no hesitation to use him." - Mr B, client
Professional & academic
Called to the Bar, Middle Temple, July 2011
BPTC (Bar Professional Training Course), BPP, London (2010-2011)
BA (Hons) Jurisprudence, Keble College, Oxford (2007-2010)
London Common Law and Commercial Bar Association
Governor of Farnham Heath End School