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Joshua Brown

Call 2017

Professional Liability

Josh has a busy professional negligence practice spanning claims against property surveyors, accountants, solicitors and construction professionals. 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.

Selected Cases

Property

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

  • 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 a successful TOLATA application 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;
  • 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.

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


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