Joshua Brown

Professional Liability

Josh has a busy professional negligence practice spanning claims against property surveyors, accountants, solicitors and construction professionals. He has considerable trial experience as sole counsel both for claimants and defendants. His current and recent instructions include:

• Advised and settled a defence on behalf of letting agents to a claim alleging that they had failed to properly vet a tenant with regard to passport checks and other matters;
• Acted for architects in a professional negligence claim relating to the design of an extension to residential property and successfully defended the claim at trial;
• Settled a Defence on behalf of accountants in a professional negligence claim, involving issues of scope of duty, negligence and quantum;
• Advising, settling a defence and a successful application for strike out/summary judgment in a breach of contract and professional negligence claim against property surveyors;
• Advising insurer clients with respect to an electricity failure at commercial premises against multiple defendants;
• Settling a Letter of Response and advising a solicitors’ firm with respect to professional negligence allegations concerning multiple dwellings relief from stamp duty on a conveyance;
• Advising and settling defences in claims alleging solicitors’ negligence with respect to conveyancing matters, including advice as to rights of way and forfeiture clauses;
• Acting on behalf of a management company resisting an injunction application seeking interim performance of alleged contractual obligations;
• Settled a Reply and Defence to Counterclaim on behalf of property surveyors in a dispute relating to a pre-purchase property survey and unpaid fees;
• Settled a Letter of Response to an intimated negligence claim against solicitors relating to advice concerning the purchase of a leasehold property;
• Acting for the successful claimants at trial against electricians for negligent installation causing a domestic fire;
• Successfully defended a negligence claim at trial against plumbers relating to an escape of water at residential premises.

Selected Cases

Property

Josh has a general property practice encompassing residential and non-residential property disputes. His recent and current instructions include:

• Advised as to beneficial ownership of a property in a case of sole legal ownership, and related claims of unjust enrichment and equitable accounting;
• Advised on behalf of Landlords and Managing Agents with respect to a claim relating to compliance with deposit notification and registration requirements under the Housing Act 2004 as well as alleged breaches of repair covenants;
• Acted in numerous successful TOLATA applications for an order for sale and an equitable account;
• Settled a Defence and advised on behalf of landlords in relation to a claim alleging breach of repair and insuring covenants;
• Settled a Defence and Counterclaim on behalf of tenants for loss of amenity in response to a claim for alleged unpaid rent and dilapidations;
• Settled a Defence to a claim alleging negligent misstatement on the part of managing agents prior to the sale of a leasehold property;
• Acting in the First Tier Property Tribunal on behalf of landlords in a service charge dispute, involving written as well as oral submissions;
• Settling pleadings in housing disrepair claims, both in the context of short and long leases;
• Advising with respect to claims made pursuant to the Defective Premises Act 1972;
• Acting on behalf of a management company resisting an injunction application seeking interim performance of alleged contractual obligations;
• Drafted a Defence on behalf of letting agents to a claim alleging misapplication of rent collection payments;
• Settling Particulars of Claim and advising as to a claim against commercial landlords relating to loss of power and breach of repair covenants at the premises;
• Advised as to prospects in a claim for unlawful eviction from commercial property;
• Successfully resisted an application to set aside default judgment in a landlord and tenant claim;
• Acting for letting agents in the First Tier Tribunal opposing fines under the Client Money Protection Schemes for Property Agents (Requirement to belong to a Scheme etc) 2019.

Selected Cases

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

• An Exercise in Utility: Liquidators Adjudicating Construction Disputes
• Extensions of time and adjournment during COVID-19: Muncipio De Mariana & Ors v BHP Group Plc and BHP Group Ltd [2020] EWHC 928 (TCC) (20 April 2020)

Read more

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