Profile description
Professional Negligence
Joshua has acted in negligence cases that touch on a variety of professions but has developed a particlarly strong practice in claims concerning solicitors. He has 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.
Employment
Appearances in the Employment Tribunals in proceedings relating to unfair dismissal, redundancy, sex and disability discrimination, TUPE and claims under the Equality Act generally. Joshua has recently been instructed in appeals to the EAT on TUPE.
Chancery
Particular and recent Chancery Division experience includes:
Part 64 proceedings for the administration of multi-million estates.
Claims for wilful default, negligence and devastavit.
Applications for failing to make reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
The represenation of parties in proceedings following the dissolution of business partnerships.
Section 994 petitions alleging the unfair prejudice of minority shareholders.
Property
Joshua has acted in a number of property cases, especially those raising issues of defective premises, covenants to repair and easements. He is currently instructed in High Court proceedings and has appeared in the Queen’s Bench Division in a claim concerning the liability of a landlord for the acts of criminals. Joshua was recently successful in a multi-track that questioned whether a covenant by deed to contribute to the ‘repair, maintenance and renewal’ of a shared driveway could extend to anticipatory flood defence measures as well as resurfacing works. Other relevant experience includes service charges and subsidence.
Construction
Joshua is developing a practice in construction and technology matters. In 2013, he successfully represented a groundworks contractor in a three-day multi-track trial that raised issues as to the authority of a managing agent to order extra works. Joshua submitted that the managing agent had implied authority, such that the claim was successful in its entirety. He is presently engaged in a case concerning ultra-hazardous electricity cabling and non-delegable duties of care.
Commercial and Insurance
Acted in numerous cases concerning the provision of services and also title to goods (especially cars), sale, transfer and wrongful interference through trespass and conversion. Present instructions include a claim to reject substandard yacht worth half a million pounds. Joshua has additionally conducted a number of trials raising issues of credit hire and the construction of insurance contracts.
Personal Injury & Clinical Negligence
Joshua has represents claimants and defendants in claims on both the fast and multi-tracks in the County Court and in the High Court. The upper end of Joshua's caseload includes claims and defences of well over £500,000. His experience includes:
Road traffic collisions, including Low Velocity Impact arguments.
Landlord and occupier's liability.
Employer's liability.
Public liability, particularly under the Highways Act 1980 and New Roads and Street Works Act 1991.
Chronic pain.
Defective products.
Claims under the Fatal Accidents Act 1976. Joshua is especially able to bring his chancery experience of the related Inhertance (Provision for Family and Dependants) Act 1975 to cases where the victim of the fatal tort passes intestate or without leaving a reasonable will.
Clinical negligence instructions have included:
The wrongful diagnosis of cancer that lead to unnecessary chemotherapy and considerable loss of earnings (over £60k/year).
The alleged failure of a leading high street optician to identify glaucoma, leading to permenant lossof sight.
An incompetently performed appendectomy raising issues of consent.
