Joshua Brown

Property Damage

Josh has a busy property damage practice, which cases frequently involve issues of negligence, nuisance, scope of duty, breach of contract, causation and encompass pleadings as well as advice for clients. His current and recent instructions include:

• Settled Particulars of Claim on behalf of property owners against a highway authority for flooding caused by a blocked culvert;
• Settled Particulars of Claim on behalf of a property owner relating to a fire caused by the neighbouring owner’s use of a weed burner;
• Settled Particulars of Additional Claim against sub-contractors in a six-figure claim for property damage following alleged negligent shower installation;
• Successfully defended a negligence claim at trial against plumbers relating to an escape of water at residential premises;
• Advising on prospects in a claim against a plumber concerning allegedly negligent installations of shower fittings;
• Settled a Reply in a contribution claim against a sub-contractor relating to flooding damage in a new-build property following allegedly defective plumbing works;
• Advising insurer clients and settling Particulars of Claim with respect to an electricity failure at commercial premises against multiple defendants;
• Settling a defence to a claim against a local authority for subsidence allegedly caused by tree roots;
• Advising as to prospects with respect to a substantial escape of water claim involving issues of sufficiency of warning notices and scope of duty;
• Advised in relation to prospects of success in a claim relating to fire damage from a recycling plant, including issues concerning Rylands v Fletcher liability in cases of fire damage;
• Settling defences and advising with respect to six-figure property damage claims related to fire damage;
• Advised as to damages on the diminution in value or reinstatement basis in a substantial property damage claim;
• Advised on behalf of property owners as to obtaining injunctive relief following subsidence damage;
• Settled Particulars of Claim alleging negligence, nuisance and breach of the Defective Premises Act 1972 following an escape of water from adjoining premises;
• Settled a Defence on behalf of building contractors to a claim regarding alleged damage to the neighbouring property by excavation works.

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)

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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