Joseph England

Called: 2011

Practice Overview

Joe practises in a wide range of commercial disputes.

He has a particular specialism in oil and gas, having been engaged since starting practice in August 2013 to present in a major ICC oil and gas arbitration in London and Geneva, and substantial related litigations, working with teams in Poland, Netherlands, Ireland, Curaçao, Scotland, the US, London and Switzerland.

He also specialises in commercial disputes with a property element, having recently appeared in the Supreme Court in a leading case on subrogation.

Joe began his legal career qualifying as a solicitor at Allen & Overy LLP before transferring to the Bar, where Joe spent the first year of his practice as the Judicial Assistant to Lord Sumption and Lord Wilson at the Supreme Court.

  • International Arbitration K View More

    Since starting practice in September 2013 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 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 being called to the Irish Bar to appear in such proceedings.
    • Enforcement Proceedings (with Houthoff Buruma, Amsterdam) of an arbitral award in the Netherlands, including providing expert law opinion on several aspects of English law.
    • 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 a major arbitral award including several expert opinions and appearing in the Warsaw Commercial Court and Court of Appeal.
    • Successfully resisting a s.68 claim (using the summary procedure) in the Commercial Court in relation to a c.£15 million arbitral award (with Van Epps and Edwin Coe LLP)
    • 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:

    • 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.
  • Shipping & Maritime K View More

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

    • As sole Counsel in a Commercial Court claim involving 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
    • LMAA cargo and hire claims.
    • 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 & Company 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 2013/171).
    • 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 ongoing cases for banks in relation to complex security claims and mortgages, including two recent unled 5-day trials (one of which is being appealed to the Court of Appeal)
    • Several multi-track claims involving all aspects of possession, notices, disrepair, deposits, costs recovery, part walls, business lease, TOLATA, and several relief from sanctions applications in this context.
    • 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, and a 3 day trial relating to CVAs and a 1890 Act partnership.

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.

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