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
View full profile »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)
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