Joseph Sullivan

Called: 2006

Practice Overview

Joe specialises in commercial law, banking and finance, commercial fraud and professional negligence. He appears regularly in the High Court and the Court of Appeal for claimants and defendants both as sole counsel and as part of a counsel team.

Recently he has appeared as junior counsel for the second respondent in the Court of Appeal in NCA v RBS and others [2017] 1 WLR 3938 (instructed by Howard Kennedy LLP), the leading authority on the grant of interim declarations; for the respondent insurer in the Court of Appeal in AmTrust Europe Ltd v Trust Risk Group [2016] 1 All ER (Comm) 325 (instructed by Clyde and Co LLP), a case concerning a contract with an Italian broker and allegations of bribery; he acted as sole counsel for the appellant in the Court of Appeal in Cunliffe v Prometric [2016] EWCA Civ 191 (instructed by Allen and Overy LLP) in proceedings regarding the approach the Court should take to analysing an alleged oral contract and is acting for the Defendants in the Business List (ChD) and in Chen v Shen (instructed by Gowling WLG LLP), a fraud claim regarding the ownership of a number of supercars, including a 1963 Ferrari 250 GTO worth in excess of $50 million.

Joe is recommended as a leading junior in the Legal 500 for banking & finance. 

  • What the directories sayView More

    • 'A star of the future who is not afraid of anyone.’

      Legal 500 UK 2019
    • ‘Absolutely terrific; he is very clever and thorough, and an absolute delight to work with.’

      Legal 500 UK 2017
  • Banking & Financial Services K View More

    Joe is instructed across a broad spectrum of banking and finance work, both at an interlocutory stage and at trial. He has particular interest in and experience of claims involving agency, trusts, FSMA and restitutionary remedies. He has also developed a specialism in claims involving banks’ obligations to customers and the FCA in connection with money laundering and Part VII of the Proceeds of Crime Act 2002.

    Example cases include:

    • NCA v RBS and others [2017] 1 WLR 3938 (instructed by Howard Kennedy LLP) – Acted for Respondent payment services provider in the Court of Appeal concerning the grant of interim declarations and injunctions concerning the operation of its bank account where reports had been made under Part VII of the Proceeds of Crime Act 2002. The leading authority on the test for granting interim declarations.
    • Bank of Scotland v Attwells [2016 ongoing] (instructed by RPC LLP) – Acting for Defendant solicitors in Chancery Division claim in connection with secured lending over in excess of 40 properties.
    • Bengough v Ellin [2016] (instructed by Enyo Law LLP) – Acted for Defendant in Chancery Division shareholders’ dispute regarding ownership of Koko in Camden.
    • Stokors v IG Markets [2013] EWHC 631 (Comm) (instructed by McClure Naismith LLP) – Acted for Defendant CFD provider in €100m Commercial Court claim in dishonest assistance and unconscionable receipt arising out of the collapse of a Scottish brokerage.
    • Shah v HSBC Private Bank (UK) Limited [2013] 1 All ER (Comm) 72 (instructed by Edwards Wildman Palmer LLP) – Acted for Claimant in $330m QBD claim for breach of contract arising out of SARs made by HSBC Private Bank pursuant to Part VII Proceeds of Crime Act 2002. First case to proceed to trial on this issue.
  • Civil Fraud K View More

    Joe is an established commercial fraud practitioner, and is regularly instructed to obtain urgent interlocutory relief in the Commercial Court and Court 37. His practice covers the gamut of claims under the various economic torts and, in particular, conspiracy claims. He also has a growing practice in civil bribery claims.

    Example cases include:

    • Bidvest v Foley and others [2017] EWHC 2799 (QB) (instructed by Gateley plc) – Acting for 17th and 18th Defendants in a substantial bribery claim brought by an international company against a former managing director.
    • St Vincent European General Partner v Robinson and others [2017] EWHC 1729 (Comm) (instructed by Trowers & Hamlin LLP) – Acting for Claimant investment vehicle in claim against multiple defendants for breach of a share pledge and conspiracy involving a property development in Poland.
    • Chen v Shen [2016 ongoing] (instructed by Gowling WLG LLP) – Acting for Defendant in Chancery Division proceedings concerning the ownership of a number of supercars, including a 1963 Ferrari 250 GTO worth in excess of $50 million. Claimant alleges an underlying multi-jurisdiction fraud in excess of $240m.
    • Therium v Brooke and others [2016] EWHC 2421 (Comm) and LCIA arbitration (instructed by Harcus Sinclair LLP) – Acting for Claimant litigation funder in arbitration and associated Commercial Court proceedings for recovery of sums misappropriated and transferred offshore in breach of trust. Obtained an order for committal for contempt of court against Defendant, who was sentenced to 21 months’ imprisonment.
  • Professional Negligence K View More

    Joe’s professional negligence practice spans a wide range of professions, including solicitors, financial advisors, accountants, barristers, auctioneers, surveyors, builders, insurance brokers and mortgage advisors. He acts for both claimants and defendants.

    Example cases include:

    • Willmott Dixon v Robert West Consulting [2017] PNLR 17 (instructed by Kennedys LLP) – Acted for Claimant in application regarding the application of contributory negligence
    • Brearley and others v Higgs and Sons [2017 ongoing] (instructed by Freeths LLP) – Acting for Claimants in £30m Business List solicitor’s negligence claim regarding advice about establishing a premium car dealership.
    • Woodman and others v TILP and others [2013-2017] (instructed by RPC LLP) – Acted for Defendant solicitors in Chancery Division claim for negligence and breach of trust brought by approximately 200 Claimants in connection with property developments in Marrakech and Turkey.
    • Table Services v Smithfield Partnership [2016 ongoing] (instructed by RPC LLP) – Acting for Defendant solicitors in £5m Commercial Court claim regarding commercial premises at Camden Stables Market.
    • Palmer v Nightingale [2016] EWHC 2800 (TCC) (instructed by DWF LLP) – Acted for Claimant in TCC claim against a pest controller regarding the placement of allegedly flammable poison which led to a fire at a listed mansion.
    • Rabilizirov v A2 Dominion and others [2015 ongoing] (instructed by Shoosmiths LLP) – Acting for Third Party main building contractor in TCC claim regarding an allegedly negligently constructed office block on the Grand Union canal.
  • Commercial Dispute Resolution K View More

    Joe is instructed to advise, draft pleadings and appear as an advocate across the gamut of commercial work, both in court and arbitration. He has particular interest in and experience of claims involving multiple jurisdictions, disputes as to choice of law, allegations of fraud and complex expert evidence.

    Example cases include:

    • St Vincent European General Partner v Robinson and others [2017] EWHC 1729 (Comm) (instructed by Trowers & Hamlin LLP) – Acting for Claimant investment vehicle in Commercial Court claim against multiple defendants for breach of a share pledge and conspiracy involving a property development in Poland.
    • Chen v Shen [2016 ongoing] (instructed by Gowling WLG LLP) – Acting for Defendant in Chancery Division proceedings concerning the ownership of a number of supercars, including a 1963 Ferrari 250 GTO worth in excess of $50 million. Claimant alleges an underlying multi-jurisdiction fraud in excess of $240m.
    • Cunliffe v Prometric [2016] EWCA Civ 191 (instructed by Allen and Overy LLP) – Acted for Appellant in Court of Appeal regarding the approach the Court should take to analysing an alleged oral contract.
    • AmTrust Europe Ltd v Trust Risk Group [2016] 1 All ER (Comm) 325 (instructed by Clyde and Co LLP) – Acted for the Claimant in a €32m Commercial Court claim regarding the misappropriation of €32m in insurance premiums in Italy linked to a €3 billion Italian arbitration in which there were allegations of bribery of an arbitrator and death threats to witnesses.
    • Therium v Brooke and others [2016] EWHC 2421 (Comm) and LCIA arbitration (instructed by Harcus Sinclair LLP) – Acting for Claimant litigation funder in arbitration and associated Commercial Court proceedings for recovery of sums misappropriated and transferred offshore in breach of trust. Obtained an order for committal for contempt of court against Defendant, who was sentenced to 21 months’ imprisonment.
    • Mploy Group Limited v Denso Manufacturing Limited [2014] EWHC 2992 (Comm) (instructed by Debenhams Ottaway LLP) – Acted for Claimant recruitment agency in Commercial Court breach of contract claim involving the impact of the Agency Worker Regulations.
    • Stokors v IG Markets [2013] EWHC 631 (Comm) (instructed by McClure Naismith LLP) – Acted for Defendant CFD provider in €100m Commercial Court claim in dishonest assistance and unconscionable receipt arising out of the collapse of a Scottish brokerage.
    • International Classical Artists Limited v Dudamel & Newbanks (2011-2012) – Acted for Claimant artist management agency in a QBD claim against a client and former employee for breach of contract and inducing breach of contract.

'A star of the future who is not afraid of anyone.’

Legal 500 UK 2019

Academic


BA Law (1st) Downing College, Cambridge University
LLM (Comm) Downing College, Cambridge University
BVC (2nd in year) Nottingham Law School

Awards


Senior Seton Scholarship
Harmsworth Scholarship
Baron Dr VerHeyden de Lancey Prize
AHRC Scholarship
Runner up to The Taylor Prize

Return to Barristers

Our barristers section has a Shortlist feature. You can use this to gather together the profiles of members that are of interest to you. Look out for the Ksymbol and click this to add to your shortlist. If you see this symbol next to a part of a profile you can click this to add just that part.

To view your shortlist please click the button above.