Year of Call
2018Areas of practice
“Joseph was excellent and very much impressed those who were present and [we] would definitely be eager to use him again in upcoming hearings.”
Instructing Solicitor
Biography
Joseph specialises in chancery cases, with a particular interest in property litigation and trusts. He regularly advises on and appears in possession matters, including forfeiture of leases and claims involving public sector tenancies. He enjoys dealing with unusual points of law and making sure that his clients receive pragmatic advice.
Joseph is clear and compassionate in his advice, and fights hard for his clients. A recent client commented: "A sincere thank you for your attendance yesterday. You did a stellar job. It was great to watch you in action."
Landlord and tenant
Joseph accepts instructions across landlord and tenant law. He has significant experience of possession claims against tenants under the Housing Acts and following notices to quit. Joseph also acts in commercial landlord and tenant matters, including tenancy renewal claims.
Joseph has experience of forfeiture actions including for long residential and commercial leases. He has settled pleadings, defended the validity of forfeiture, and provided ongoing advice on these matters in addition to appearing in court. He has appeared in the High Court to defend the validity of a business tenancy’s forfeiture. He is instructed in an ongoing High Court appeal on the defences to forfeiture under the Leasehold Reform Act 1967.
He is particularly interested in cases which involve the law of trusts, and has acted for landlords and tenants where serious disputes about beneficial interests arise in possession proceedings.
Real property
Joseph accepts instructions in relation to easements, covenants, and boundaries. He has experience of boundary disputes and adverse possession claims in both the First Tier Tribunal and the County Court. He regularly advises on the extent of property rights, especially where there are allegations or trespass or where there is a leasehold element.
Joseph has represented clients in possession proceedings relating to mortgages and orders for sale. He regularly accepts instructions on trespass cases.
Joseph also acts in cases of nuisance and disturbance of easements.
Public law and judicial review
Joseph accepts instructions on judicial review cases. His work for housing associations and local authorities involves analysing duties under the Housing Acts 1985 and 1996, as well as under their published policies. He is familiar with the Human Rights Act 1998 and the Equality Act 2010, in particular with discrimination arguments and the Public Sector Equality Duty.
Committal proceedings and anti-social behaviour
Joseph has experience of anti-social behaviour cases, securing injunctions, and enforcing them through committal proceedings. Joseph has acted for public sector landlords in Part 65 urgent breaches and in the resulting committal trials. He has acted in Part 81 committal proceedings and has previously secured 36 findings of breach in a contested trial.
Joseph is also familiar with the ways that public law defences under the Human Rights Act 1998 and the Equality Act 2010 relate to committal proceedings.
TOLATA, wills and trusts
Joseph undertakes TOLATA work. He has acted on cases involving proprietary estoppel and alleging common intention constructive trusts. He has defended on the basis of whether constructive trust principles can apply at all.
Joseph has successfully represented the intervenors in matrimonial finance proceedings who had been accused of hiding matrimonial assets and holding them on trust for the husband. In a five-day trial the trust claims were defeated.
Joseph accepts instructions in contentious and non-contentious probate. He has advised on the construction of wills and on the misuse of trust and estate property.
He has experience of the link between housing possession cases and trusts, having been instructed on several cases where possession actions have trust-based defences and counterclaims.
Business and commercial
Joseph accepts instructions across commercial law. He has particular experience in a variety of disputes where businesses and property interact, such as forfeiture proceedings and matters relating to the Landlord and Tenant Act 1954.
Joseph acts in relation to company and partnership disputes. He is has been instructed in high court unfair prejudice and civil fraud matters.
Joseph has appeared in the County Courts and the Insolvency and Companies Court in insolvency matters. He recently defeated attempts to extort a client and their associates for £1,225,000 and £1,950,000 respectively.
Instruct
To instruct Joseph please contact Rob Johnstone.
Education
- BA Hons First Class, University of Nottingham, 2016
- Graduate Diploma in Law, City, University of London, 2017
- LLM Bar Professional Training, City, University of London, 2018
Memberships
- Commercial Bar Association (COMBAR)
- Property Bar Association
- Chancery Bar Association
Prizes
- Inner Temple BPTC Exhibition Award
- Winner of the Inner Temple Rawlinson Cup Debating Competition, 2019
- Winner of the UKELA Lord Slynn of Hadley Moot, 2018
- Highly Commended, Andrew Lees Essay Prize, 2017
Notable Cases
Pincus v Singh [2024] EWHC 502 (Ch): A Chancery Division case about the remedies available following default judgment. Final judgment is awaited in this case which is the first to consider the effect of what is now CPR12.4 since 2011.
Sheppey Beach Villas Ltd v McCloughey: A forfeiture trial where the property was a burnt-out ruin. The case involved consideration of the meanings of house and of dwelling in the Leasehold Reform Act 1967 and the Commonhold and Leasehold Reform Act 2002, as well as interpretation of the relevant covenants and whether the tenant had acted in bad faith. An appeal to the Chancery Division has been given permission.
Iniodu v Wandle Housing Association Ltd: Joseph successfully challenged the validity of a conditional fee agreement in statutory nuisance proceedings on the basis of a genuine concern that the agreement contained an unlawful success fee.
Re a Debtor: Joseph represented clients in the Insolvency and Companies Court, obtaining injunctions restraining vexatious claims said to be valued at £1,225,000 and £1,950,000 respectively. The case involved issues of inherent jurisdiction and attempts to use the insolvency procedures to extort and harass Joseph’s clients. As part of this, Joseph obtained final injunctions against persons unknown pursuing the alleged debts to prevent the use of sham assignments.
Newman v Hertfordshire County Council: Joseph represented the Defendant in a one-day hearing before HHJ Pearce sitting as a deputy judge of the High Court. He successfully had twelve of the Claimants’ thirteen arguments struck out or had summary judgment entered against them.
Re D: Advising on the merits of relief from forfeiture in a case where the bailiffs discovered that the tenant had died during execution of the possession order and there was no person capable of applying for relief for a considerable time.
Southern Housing v Watts: four-day trial for contempt of court featuring discrimination and public sector equality duty defences. The matter also dealt with the consequences of a contemnor’s death on proceedings after trial but before judgment.
The Geek Taverna Limited and Penge v Khan: Application for permission to appeal in the Chancery Division of the High Court. The Appellant alleged that the right to forfeit had been waived by various acts, including commercial rent arrears recovery. Joseph successfully argued for the Respondent that there was no real prospect of success and that the forfeiture was valid. He also defeated other criticisms of the Defendant’s money judgment in a dilapidation counterclaim.
S v J: Joseph acted for the tenant in a multi-track claim listed for 3½ days. The landlord sought possession under section 21, and the tenant sought specific performance of a poorly drafted deed of trust containing a time-limited option to purchase. The case settled days before trial on better terms for the client than the court could have awarded.
Uddin v Uddin [2022] EWFC 75: Joseph acted for the intervenors in matrimonial finance proceedings, successfully defending the trust claims brought against them in a five-day trial.
T v H: a possession claim following succession to a secure tenancy. Defended on reasonableness and public law grounds for unlawful interference with the right to buy; disability discrimination; and convention rights in article 8 and protocol 1 article 1. The case settled with the client successfully exercising the right to buy.
O v B: a 1-day committal trial in the County Court successfully proving 36 breaches of an injunction.