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Joshua Brown

Call 2017

"Joshua is a very forensic lawyer – he will fully analyse the contract and surrounding law to provide a well-reasoned argument."
(Legal 500, 2023)

Insurance & Reinsurance

Josh has developed a strong insurance practice, involving advices and pleadings (as well as acting more generally in mediations and litigation) covering a wide range of disputes, including:

i) Coverage disputes;

ii) Disputes involving claims of estoppel against insurers;

iii) Arguments around causation of loss;

iv) Quantification of claims.

Josh acts for both policyholders and insurers. His practice involves a wide variety of subject matters, including domestic property insurance, contractors’ all risk policies, public liability policies and commercial policies such as warranty and indemnity insurance.

From March to June 2024, Josh was seconded to a leading boutique insurance firm, working on large, multi-million insurance disputes, gaining particular experience in warranty and indemnity (W&I) and directors’ and officers’ liability (D&O) insurance claims.

Josh’s recent and current work in this area include:

  • Working (on secondment) on a multi-million pound W&I insurance claim by a purchaser of shares in a company, including issues relating to alleged breaches of various warranties, loss and numerous other matters.
  • Working (on secondment) on a multi-million pound D&O insurance claim by an individual majority shareholder following an unfair prejudice petition against him. The coverage dispute revolved around the potential application and construction of a conduct exclusion clause in the policy.
  • Working (on secondment) on a substantial public liability insurance claim by a company following a claim for statutory compensation relating to an injury overseas. The coverage dispute revolved around the construction of an extension clause relating to overseas liability.
  • Working (on secondment) on a multi-million pound D&O insurance claim by a company director following proceedings being brought against him for breach of fiduciary duties. The coverage dispute revolved around the construction of exclusion clauses relating to capacity and the financial conditions of the company.
  • Working (on secondment) on a substantial public liability insurance claim by a leisure company following personal injury proceedings relating to an injury at their premises. The coverage dispute revolved around the construction of particular product words in the policy.
  • Working (on secondment) on substantial claims under an NHBC policy.
  • Acting in Haque v R&Q Capital No.6 Ltd [2023] 8 WLUK 37, a successful summary judgment application in one of a large number of CWI claims brought against the insurers of installers of CWI in homes, especially in the north of England.
  • Advised insurers on coverage with respect to a six-figure subsidence claim;
  • Advised on behalf of managing agents of a Lloyd’s Syndicate with respect to a potential c.£200,000 claim against third party claims handlers;
  • Advising in relation to a claim under the Third Parties (Rights against Insurers) Act 2010 including various issues of policy coverage;
  • Settling a defence to a contribution and/or indemnity claim involving issues of interpretation of indemnity clauses and s.1(4) of the Civil Liability (Contribution Act) 1978;
  • Settling a defence to a claim for economic losses following an alleged collision with a railway bridge made against an insurer under the Third Parties (Rights against Insurers) Act 2010;
  • Advising insurer clients as to a potential claim against an uninsured driver pursuant to an indemnity agreement;
  • Advising as to the correct interpretation and effect of a contractual obligation to take out joint insurance;
  • Advising on jurisdiction under Article 13 of the Brussels Regulation in a contribution claim against an Italian insurer;
  • Advising (during pupillage) on whether the benefit of an indemnity policy had successfully been assigned to the prospective claimant;
  • Advising as to limitation issues in an insurance coverage dispute.

Selected Cases

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Awards


Winner of the Times Law Awards (2016)

Winner of the Maitland Advocacy Prize (2015)

Gray’s Inn (2016): Bedingfield Scholarship.

Gray’s Inn (2015): CPE/GDL Award.

City Law School (2015): GDL Scholarship.

 

Articles


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Qualifications


Bar Professional Training Course (2016-2017): City Law School

Graduate Diploma in Law (2015-2016): City Law School

MPhil, Merton College, University of Oxford (2013-2015)

BA (Hons), Merton College, University of Oxford (2010-2013), First Class

 

Memberships


COMBAR

LCLCBA

Recommendations


“Joshua is extremely diligent, thorough, provides clear advice and is very easy to work with.”

Legal 500, 2024

“Joshua is a very forensic lawyer – he will fully analyse the contract and surrounding law to provide a well-reasoned argument.”

Rising Star, Legal 500, 2023


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