Charles Joseph

Profile

Charles Joseph is regularly instructed on behalf of both corporate bodies and individuals and by firms of solicitors ranging in size from very large to sole proprietors. Professional Access (e.g. from surveyors, engineers etc) and Public Access instructions are also accepted. He appears before courts at all levels and before arbitral and other tribunals including disciplinary tribunals.

Cases resolved by arbitration fall into all categories and in the past have included such varied matters as an action concerning an allegedly forged will, a solicitors’ partnership dispute and a substantial five-party commercial/contractual dispute.

Charles Joseph is a Chartered Arbitrator and accepts appointments to sit as an arbitrator. He is sometime legal assessor to the General Optical Council.

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Experience

Property

Charles Joseph has experience in a wide range of property work and focuses on commercial landlord and tenant, real property (e.g. freehold covenants, conveyancing problems, easements etc) and construction matters.

Business & Commercial

His business and commercial work includes partnership disputes, share disputes, directors’ disqualification proceedings, unfair prejudice petitions and all forms of contractual and commercial disputes.

Chancery

His Chancery work also includes insolvency issues and matters involving wills and trusts.

Professional Negligence

His professional negligence work includes matters relating to surveyors, solicitors, architects and engineers.

Significant Cases

Hart Investments Ltd v Fidler [2007] PNLR 26, 112 Con LR 33
Engineer’s negligence in failing to warn of possible collapse of building due to inadequate temporary works

Hart Investments Ltd v Larchpark Ltd [2007] BCC 541 
Security for costs against insolvent counterclaiming defendant

Dain (AO) v Davis Frankel & Mead [2005] 1 ALL ER 1074 
Inspection of documents on court file

FSA v Martin [2005] 1 BCLC 495 (CH Div); [2006] 2 BCLC 193, [2006] PNLR 11 (CA) 
Solicitor permitting funds to pass through client account where client mis-selling shares

Re Reynolds deceased [2005] EWHC 6 (Ch Div) 
Formal and substantial validity of will challenged

Re Vaughan deceased [2005] WTLR 401 
Forgery, fraud, unsoundness of mind, lack of testamentary capacity, want of knowledge and approval alleged in wills case

Kupfer v Dunne [2003] EWCA Civ 1549 
Proper evidential approach in boundary dispute

Chittock v Stevens [2000] WTLR 643
Rectification of will out of time

Dora v Simper [1999] BCC 836 
Non-disclosure on Mareva injunction

Electrotec Services Ltd v Issa Nicholas (Grenada) Ltd [1998] 1 WLR 202 
Power to order security for costs in construction case appeal to Privy Council

Wallace v Brian Gale & Associates [1998] 53 CON LR 2 costs LR 53 
Negligent surveyor to pay costs of rectification works

Ridgeway Motors (Isleworth) Ltd v Charles [1996] EGCS 105 
Laches and enforceability of option to purchase land

Re Leasing and Finance Services Ltd [1991] BCC 29 
Winding up – cross claim against creditor

Howard v Horne & Sons [1990] 1 EGLR 272 
Measure of damages for surveyor’s negligence

Publications

Contributor, Service Charges and Management: Law & Practice 2nd edition (Sweet & Maxwell)

Contributor, Service Charges and Management Law And Practice 1st edition 2006 (Sweet & Maxwell)

Memberships

Fellow, Chartered Institute of Arbitrators

Member, Lincoln’s Inn and Inner Temple

Member, Chancery Bar Association

Member, Property Bar Association

Member, London Common Law and Commercial Bar Association

Qualifications

BA Hons

Chartered Arbitrator

Appointments

Bar Standards Board Disciplinary Tribunal

Legal Services Commission Review Panel

Law Society Arbitration Panel

Formerly contributing editor, Current Law

Formerly trustee, Southwark Law Centre