Overview

Joseph has a broad chancery practice, with a particular interest in property litigation and trusts.  

Property 

Joseph accepts instructions across the full span of property law. He has significant experience of possession claims and has appeared in two High Court appeals on forfeiture. He has strength in landlord and tenant cases. 

Joseph is particularly interested in cases which involve issues of beneficial interests. He also regularly advises on real property matters such as mortgages and easements. 

Probate, wills and trusts 

Joseph has acted on cases involving proprietary estoppel and alleging common intention constructive trusts.  

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 possession cases and trusts, having been instructed on several cases where possession actions have trust-based defences and counterclaims. 

Business and commercial 

Joseph acts in relation to company and partnership disputes. He 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. 

He regularly advises on contracts and commercial chancery issues which arise from them. 

Cases of interest

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. 

 

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 

Membership

  • Commercial Bar Association (COMBAR) 
  • Property Bar Association 
  • Chancery Bar Association 

Awards and 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