Joseph England

Called: 2011

Practice Overview

Joe practises in a wide range of commercial disputes.

Joe began his legal career qualifying as a solicitor at Allen & Overy LLP before transferring to the Bar. Joe spent the first year of his practice as the Judicial Assistant to Lord Sumption and Lord Wilson at the Supreme Court. He soon returned as counsel to the Supreme Court in Bank of Cyprus UK Limited v Menelaou [2015] UKSC 66.

Since starting practice in August 2013, Joe has been engaged, on a near full-time basis, in a major ICC oil and gas arbitration in London and Geneva, and substantial subsequent litigations, working and appearing with legal teams in Poland, The Netherlands, Ireland, Curaçao, Scotland, the US, London and Switzerland

  • International Arbitration K View More

    Since starting practice to present, Joe has been engaged almost full-time in London and Geneva on a large and long-running multi-million pound ICC oil and gas arbitration, and substantial related matters, working with teams in Poland, the Netherlands, Ireland, Curaçao, Scotland, the US, London and Switzerland.

    Joe is currently or has recently been instructed on the following other international arbitration matters;

    • Providing expert evidence in an ICC arbitration relating to matters arising out of the SFO investigation of Airbus (with Bettoseraglini, Paris).
    • Advising on and drafting (with Schillings) on multi-tier arbitration clauses for a complex multi-jurisdictional confidentiality matter.
    • One of the largest and most high profile recent enforcements in the Irish Courts (with Matheson) of an arbitral award, including advising on injunctive relief and questions of confidentiality, and appearing in the High Court in Dublin in the proceedings.
    • Enforcement Proceedings (with Houthoff Buruma,) of an arbitral award in The Netherlands, including providing expert law opinion on several aspects of English law and arbitration matters.
    • Witness Examination and Disclosure Proceedings, including in Dutch Court of Appeal (with Houthoff Buruma), arising out of an alleged oil and gas fraud, including producing several expert opinions and attending hearings/conferences in The Netherlands.
    • Enforcement and injunctive relief proceedings (with BSJP, Poland) of an arbitral award in the Warsaw Commercial Court and Court of Appeal, including several expert opinions and appearances in the Warsaw Commercial Court.
    • Successfully resisting a s.68 claim (using the summary procedure) in the Commercial Court in relation to a c.£15 million arbitral award.
    • Successfully obtaining a s.66 enforcement in the Commercial Court for a large arbitral award.

    Joe has lectured and written on arbitration, including for the forthcoming Pleadings in Arbitration (2nd Edition),provides regular in-house training for Euromoney Plc’s seminar programme for leaders in the oil and gas industry, and was a keynote speaker on arbitration at the CARICOM Oil and Gas conference in Barbados attended by government ministers from across the Caribbean.

  • International Trade & Commodities K View More

    Joe is currently or has recently been instructed on the following international trade/commodities matters;

    • Sole Counsel in live Commercial Court proceedings for USD 8 million concerning an oil and gas venture in Nigeria, including successfully obtaining a freezing injunction over a year after proceedings commenced.
    • Junior counsel in Commercial Court proceedings enforcing a guarantee arising out of a commodities dispute in excess of £20 million raising novel questions of law.
    • Appearing as sole counsel in oral examination proceedings under CPR Part 71 in the High Court raising complex procedural and jurisdictional issues in connection with directors of an AIM-listed oil and gas plc.
    • Sole Counsel for the Indian Government in High Court proceedings arising out of a commodities arbitration.
    • Several ongoing High Court cases involving e-mail fraud perpetrated against various shipping and transportation companies involving particular expertise of Bankers’ Trust orders.
    • A multi-jurisdictional oil and gas dispute arising out of the insolvency of a Dubai state-owned entity.
    • Advising and acting in a number of commodities cases concerning fruit from Peru.
    • Acting in a dispute over the delivery of large consignments of lemons from Turkey.
    • Acting for one of the major supplier of soft drinks to the Middle East in claims over the alleged mis-labelling of soft-drinks as alcoholic drinks.
    • CMR claims
  • Shipping & Maritime K View More

    Joe is currently or has recently been instructed on the following shipping matters;

    • A confidential live c. €30 million dispute currently as sole Counsel.
    • Sole counsel in a live Commercial Court claim involving Nigerian cabotage approvals under a charterparty
    • Junior counsel in four related ICC and LMAA arbitrations involving oil rig disputes
    • Advising on the implications of Hanjin shipping insolvency
    • Advising on the meaning of "about" in relation to bunkers for charterers and the construction of a GA bonds and guarantees in relation to a large ongoing arbitration.
    • Demurrage claims
    • Bills of Lading disputes, with a particular interest in US COGSA
    • Hire claims, including a current live LMAA claim for c.USD 2million.
    • Commercial Court claim involving jurisdictional issues under multiple charterparty agreements.
    • TCC dispute arising out of stevedore agreements at the Port of Tilbury
    • Defending a claim against the Nigerian Port Authority.
  • Chancery Commercial K View More

    Joe is currently or has recently been instructed on the following chancery/company matters;

    • Junior Counsel in the Supreme Court on an appeal concerning subrogation (Menelaou v Bank of Cyprus [2015] UKSC 66).
    • Junior counsel in current "test case" High Court proceedings for circa £20 million concerning a guarantee given under s.479C of the Companies Act 2006.
    • Acting and advising in a guarantee claim concerning surrender of leases in excess of £5 million (Padwick Properties v Punj [2016] EWHC 502 (Ch.))
    • Seconded to HSBC in relation to mis-selling claims.
    • Junior counsel in a c.£200 million telecommunications dispute concerning trespass and contractual licences.
    • Junior counsel on a challenge by a major bank to the sale by administrators of two of London’s most expensive residential houses in St John’s Wood
    • Several trials and appeals for banks in relation to mortgages, with particular expertise in relation to possession and overriding interests Several cases concerning execution of judgments involving EEOs.
    • Acting in Commercial Court proceedings concerning a borrower’s obligations to provide documents
    • pursuant to a Loan Note and Debenture
    • Acting in live Commercial Court proceedings as sole counsel concerning a company dispute over share transfers
    • Several multi-track claims involving all aspects of possession, notices, disrepair, deposits, costs recovery, party walls, business leases, TOLATA, and several relief from sanctions applications in this context.
    • Advising and drafting key aspects of various loan and ISDA documentation for both borrowers and lender clients.
    • Insolvency matters including a successful strike out application in the Chancery Division concerning insolvency and reflective loss; and appearing in protracted proceedings (McCarty v Tann & Others [2016] EWHC 2049 (Ch) relating to a proof of debts and relief from sanctions
    • 3-day trial relating to CVAs and a 1890 Act partnership.
    • Two live s.994 shareholder disputes in the Companies Court
    • Advising and acting as junior Counsel in relation to a EUR 26 million dispute relating to restraining a petition in relation to the debtor’s COMI
    • Numerous bankruptcy and corporate insolvency hearings in the Companies Court
  • Energy & Natural Resources K View More

    Much of Joe’s litigation and arbitration work, as well as advisory, published/speaking work, has centred on international energy.

    Recent and present energy cases include:

    • Advising with Nigerian and Mauritian counsel on complex loan note agreements relating to a well-published Nigerian energy venture in the Nigeria Delta subject to terrorist attacks.
    • Junior Counsel in an c.US$ 20 million ICC arbitration concerning the value of shares in an oil and gas field in Siekierki in Poland, and then resisting a s.68 challenge and obtaining enforcement in the Commercial Court in relation to the award.
    • Advising on all English law aspects in two sets of proceedings issued in The Netherlands involving an alleged fraud concerning the directors and subsidiaries of a large American and Irish oil company, and proving three legal opinions for the Dutch Courts.
    • Instructed by Polish Counsel in relation to proceedings filed in the Polish Commercial Court for violations of a shareholders’ agreement over a project in Racwicz.  
    • Sole Counsel in US$10 live Commercial Court proceedings, including obtaining freezing orders, dealing with agreements arising out of a joint oil and gas venture involving the Nigerian Petroleum Development Company.
    • Appearing in the Irish High Court and assisting on all aspects of an enforcement an arbitral award and now insolvency proceedings against an Irish energy company, which has been very widely reported in the Irish press
    • Junior Counsel with a Singaporean firm in four related LICA and ICC arbitrations involving oil rig disputes  
    • Advising with a Floridian law firm agreements for a large energy project in Iraq, and advising as junior counsel on dispute resolution clauses for an Australian mining group.
    • Joe provides regular seminar training on energy contracts for leaders in the oil and gas industry and was invited to speak for 2 days by the Government of Barbados at an oil and gas conference attended by government ministers from across the Caribbean.
  • Insurance K View More

    • Sole Counsel in c.£4million pound live Commercial Court claim for unpaid premiums by a cover holder, including successfully obtaining a worldwide freezing in the Commercial Court and related applications for disclosure and enforcement out of the jurisdiction of the freezing order.
    • Secondment to XL Catlin’s legal department
    • Acting for the insured in successfully resisting claims by an insurer for material non-disclosure on the basis of past corporate insolvencies.
    • Advising on the applicability and transitional provisions of the Insurance Act 2015 in a High Court dispute concerning the delivery of faulty equipment.
    • Advising on the interpretation of aspects of both business and home insurance policies for UHNWIs

Academic


Academic BA (Hons) (1st Class), LLB (Hons) (1st Class), GDL (Distinction)

Awards


Hammonds Prize for Contract Law, Equity & Trusts Prize, LPC (Distinction), Allen & Overy Prize for Distinction, Hardwicke Scholarship, Pupillage Scholarship, European Courts of Justice Programme, UK/US Supreme Court Exchange.

Interests


Before a career in law, Joe started life as a professional child actor appearing in lead roles in Hollywood films (Miles in Turn of the Screw, Simon Magus, Fierce Creatures, Thomas in Robert De Niro’s Frankenstein, Joshua in Chicken Talk); West End plays (John in David Mamet’s The Cryptogram with Eddie Izzard and Lindsay Duncan;Douglas in Shadowlands); television (Anthony Makes a Friend, Jackonary and Confessions for BBC1; London Kills Me, Comics and The Body Story for Channel 4); and advertisements (Flash, Koolaid, Jenga, Kraft Cheese). He was recently a legal adviser to the hit play Privacy at the Donmar Warehouse.

Memberships


ICC YAF

Combar (Junior Committee) 

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