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 subsequent related litigations, working and appearing with legal teams in Poland, The Netherlands, Ireland, Curaçao, Nigeria, Mauritius, 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, Nigeria, Mauritius, London and Switzerland.

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

    • Acting for a foreign state (led by David Wolfson QC and Nehali Shah of One Essex Court) in resisting the enforcement of a c.£70 million award, including obtaining relief from sanctions (A v B [2018] EWHC (Comm.)), third party debt order proceedings raising questions of State Immunity, and applying to set aside an award under s.103(2) of the Arbitration Act 1996.
    • Acting in a major investment treaty arbitration against Uzbekistan in 2017.
    • 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 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 opinions on several aspects of English law and arbitration matters for Court proceedings.
    • Witness Examination and Disclosure Proceedings, including in Dutch Court of Appeal (with Houthoff Buruma), arising out of an alleged oil and gas fraud, including several expert opinions and attending hearings 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 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:

    • 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 in connection with directors of an 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 commodities companies involving particular expertise of Bankers’ Trust orders.
    • Advising and acting in a number of live claims in the Mercantile Court concerning fruit from Peru and the consignment of lemons from Turkey.
    • Acting for one of the major suppliers of soft drinks to the Middle East in claims over 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 Commercial Court claim involving Nigerian cabotage approvals under a charterparty (settled shortly before trial).
    • 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.
    • Demurrage claims
    • Bills of Lading disputes
    • Hire claims, including a current live LMAA claim for c.USD 5million.
    • 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), which has raised particular debate among practitioners and academics.
    • Junior counsel in a "test case" concerning a guarantee given under s.479C of the Companies Act 2006 in relation to a c.£20 million debt.
    • Acting and advising in a guarantee claim concerning the 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.
    • Several trials and appeals for banks in relation to mortgages, with particular expertise in possession and overriding interests.
    • Several cases concerning the execution of judgments and EEOs.
    • Acting in Commercial Court proceedings enforcing a borrower’s obligations to provide documents pursuant to a loan note and debenture.
    • Advising on  loan and ISDA documentation for borrowers and lenders.
    • Several insolvency hearings including McCarty v Tann & Others [2016] EWHC 2049 (Ch) relating to a proof of debts and relief from sanctions.
    • A 3-day Chancery trial relating to CVAs and a 1890 Act partnership.
    • Acting as sole Counsel in a live s.994 unfair prejudice petition for a well-known Indian film producer where the company’s value exceeds £150 million; and three other live s.994 shareholder disputes.
    • Acting for the successful petitioner in first case where the Court has awarded compensation directly to the Petitioner in the context of s.994 (Rembert v Daniels [2018] EWHC 388 (Ch.))
    • Junior Counsel in a c.EUR 26 million dispute restraining a winding-up petition in both England and Ireland based on the debtor’s COMI.
  • Energy & Natural Resources K View More

    Much of Joe’s litigation and arbitration work has focused on international energy disputes. Recent and present energy cases include:

    • Sole Counsel in live Commercial Court proceedings for USD8 million concerning an oil and gas venture involving the Nigerian Petroleum Development Company, including obtaining a freezing injunction over a year after proceedings commenced against a well-known Nigerian businessman alleged to have misappropriated c.USD1.8 billion from the Nigerian State. (Lengard Projects v Aluko [2017] EWHC (Comm.))
    • Advising with Nigerian and Mauritian Counsel on loan note agreements relating to a well-published 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 in the Commercial Court.
    • Advising on all English law aspects (and providing legal opinions for the Court) in proceedings in the The Netherlands involving an alleged fraud by the directors of American and Irish energy companies.
    • Instructed with Polish Counsel in relation to Polish Commercial Court proceedings for violations of a shareholders’ agreement over a project in Racwicz.  
    • Appearing in the Irish High Court in well-publicised proceeding for the enforcement of an arbitral award against an Irish energy company.
    • Junior Counsel in four related LICA and ICC arbitrations involving oil rig disputes.  
    • Advising with Floridian Counsel on agreements concerning an energy project in Iraq, and advising as Junior Counsel on dispute resolution clauses for an Australian mining group.
  • Insurance & Reinsurance K View More

    • Sole Counsel for insurers in a c.£4million live Commercial Court claim for unpaid premiums by a cover holder, including obtaining a worldwide freezing order (and permission to enforce outside of the jurisdiction), multiple disclosure orders and further injunctions in support of proprietary claims by insurers.
    • Secondment to XL Catlin’s legal department
    • Junior Counsel (led by Robert Hunter, solicitor-advocate) in a 3-day QBD trial relating to the quantification of claims against insurers in relation to damage to specialist light aircraft.
    • 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 and drafting business and home insurance policies for UHNWIs for XL Catlin.

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.

Memberships


ICC YAF
COMBAR (Junior Committee) 
Chancery Bar Association

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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