Joshua Jackson

Year of Call: 2020

Call 020 7827 4000

Expertise

  • Human Rights

  • International Law

  • Public and Administrative Law

  • Equality and Discrimination

  • Employment

Josh is ranked as a rising star in the Legal 500 for Administrative Law and Human Rights, and as an upcoming barrister in Chambers and Partners for Administrative and Public Law and in Civil Liberties and Human Rights.

“Joshua has encyclopaedic knowledge of ECHR law. He is extremely innovative, and possesses ability many years beyond his call.” – Legal 500 2024

“Joshua has impeccable advocacy skills whilst working in some of the more difficult and complex cases we have.” – Chambers and Partners 2024

“Joshua was brilliant; he came up with good legal ideas for the case, and was imaginative and inventive. His drafting skills were impressive and he was able to deal with complex matters of law.” – Chambers and Partners 2024

“Joshua is a rising star with a strong expertise in the emerging field of human rights and climate change.” – Chambers and Partners 2024

He was also shortlisted for shortlisted for Young Pro Bono Barrister of the Year in 2022.

  • Josh is a specialist junior in human rights, public and administrative law, and public international law. He has acted in significant human rights cases and judicial reviews before domestic and international courts.

    He has experience in a wide range of fields, including climate change and the environment, discrimination, homelessness, education, community care, social welfare, immigration and trafficking, and business and human rights.

    International Human Rights Law & Public International Law

    Josh has a unique specialism in domestic, European and international human rights law, international environmental law, and public international law. He has acted in a variety of international human rights and environmental cases.

    Recent instructions include:

    • Duarte Agostinho & Ors v Portugal & 32 Other States: Acting for six Portuguese children (led by Alison MacDonald KC) before the Grand Chamber of the ECtHR in a challenge to 33 European States' inaction on climate change. The case raises issues regarding exhaustion of domestic remedies, extraterritorial jurisdiction, international environmental law, victim status, and obligations under Articles 2, 3, 8 and 14.

    • IACtHR Advisory Opinion on the Climate Emergency and Human Rights: Acting in an intervention before the Inter-American Court of Human Rights in its advisory opinion regarding the scope of obligations under the American Convention on Human Rights in the context of climate change.

    • Soubeste and Others v Austria & 11 Other States: Assisting Baldon Advocats before the ECtHR in a challenge regarding the compatibility of the Energy Charter Treaty with Articles 2, 3, 8 and 14 of the ECHR.

    • Buttet v United Kingdom: Assisting Schona Jolly KC and Ruaraidh Fitzpatrick before the ECtHR in a challenge regarding the compatibility of rules of State immunity with Article 6 ECHR.

    • Liu and Ors v Norway: Assisting Schona Jolly KC before the ECtHR in a challenge regarding the recognition of Taiwanese nationality, statehood and Article 8 ECHR.

    Josh also advises on human rights and international law in claims in foreign jurisdictions. For example:

    • Advising Palestinian and Israeli NGOs on international law issues arising from the construction of a power station on the Israeli/West Bank border.

    • Advising in Thomas & Quadad v Attorney General before the Guyanese Constitutional Court in a challenge to oil and gas exploration based on the constitutional right to a healthy environment.

    • Advising on civil claims regarding oil spills off the coast of South America.

    This experience adds a distinctive dimension to Josh's domestic practice.

    Public & Administrative Law

    Josh acts in a broad range of judicial reviews. Drawing upon his experience in other areas, he adds particular value in judicial reviews concerning the Human Rights Act, international law, and the Equality Act. He also has a growing a practice in community care, education, homelessness and social welfare judicial reviews.

    Recent instructions include:

    • Acting for legacy benefit claimants in an appeal to the Supreme Court from T and Others v SSWP [2023] EWCA Civ 24. The appeal concerned a challenge to the government’s failure to increase the personal allowance of certain legacy benefits in line with the Universal Credit uplift during the Covid-19 pandemic on the grounds of A1P1 and Article 8 with Article 14 ECHR.

    • Acting for victims of trafficking in a challenge to the Secretary of State’s arrangements to remove asylum seekers to Rwanda as part of the Migration and Economic Development Partnership contrary to Article 4 ECHR, Article 14 ECHR, ECAT and Modern Slavery Act Guidance.

    • Successfully acting as sole counsel for homeless clients in the leading cases of R (YR) v London Borough of Lambeth [2022] EWHC 2813 (Admin); [2023] HLR 16 and UO v London Borough of Redbridge [2023] EWHC 1355 (Admin); [2023] HLR 39 where it was held that the local authorities in question failed to lawfully assess the Claimants’ housing needs and provide them with suitable accommodation under Part VII of the Housing Act 1996. He now regularly acts for claimants in similar judicial reviews.

    • Acting for vulnerable consumers in a challenge against GEMA and Ofgem’s decisions to increase the energy price cap without having conducted an impact assessment, without having due regard to the impacts on vulnerable households, and without having considered mitigations for such households. The claim settled following the introduction of the energy price guarantee.

    • Acting for care workers in R (Peters and Findley) v Secretary of State for Health and Social Care [2021] EWHC 3182 (Admin) (led by Ed Williams KC) in a challenge to the mandatory vaccination requirement for care workers on ultra vires, insufficient inquiry/relevant considerations, Article 8 ECHR, and Article 8 with 14 ECHR grounds.

    • Advising in a systemic challenge to the SSWP’s widespread failure to refer benefit claimants for workplace capability assessments on the grounds of frustration of statutory purpose, Tameside, and A1P1 and Article 8 with Article 14 ECHR.

    • Acting for two children asylum seekers in a challenge to a local authority’s failure to provide access to education under s.10 of the Education and Skills Act 2008, s.175 of the Education Act 2002, Article 2 Protocol 1 ECHR, and s.149 EQA.

    • Successfully acting for Disabled Qualified Panel Member of the First-Tier Tribunal in KB v SSWP (Appeal No. UA-2021-001521-ESA), an appeal before the Upper Tribunal against an overpayment decision on ultra vires grounds.

    Catherine Casserley and Josh have delivered advanced training to the Equality and Human Rights Commission, law firms and NGOs on: “Discrimination and Public Law: Using the Equality Act 2010 and the Human Rights Act 1998 – When, Why and How?”.

    Josh co-drafted the Administrative Law Bar Association's response to the Independent Human Rights Act Review. He also is a contributing author in the upcoming edition of “Supperstone, Goudie and Walker: Judicial Review” in the chapter on the Human Rights Act 1998.

    Civil Claims against Public Authorities; Business & Human Rights

    Josh has a growing practice in a range of civil claims with a discrimination, environmental or human rights dimension. He has experience in claims against public authorities, modern slavery claims, environmental tort claims, and business and human rights matters.

    Recent instructions include:

    • Acting and advising in false imprisonment and Human Rights Act damages claims against the Home Office in the context of immigration detention.

    • Acting and attaining settlement for a victim of trafficking in a High Court damages claim regarding the Home Office’s delay in granting leave to remain and providing a biometric residence permit under Article 8 ECHR, and Article 8 with Article 14 ECHR.

    • Advising and acting in claims in negligence and public nuisance against corporations with respect to their contributions to climate change.

    • Advising and acting in employers liability claims regarding forced labour in the workplace. The claims have involved primary liability in negligence, unjust enrichment and breach of contract, and vicarious liability under the Protection from Harassment Act 1997 and conversion.

    • Advising on potential tort claims regarding oil spills off the coast of South America, involving issues of private international law (applicable law and jurisdiction).

    • Acting alongside Anna Beale in a civil claim against human traffickers outside of jurisdiction.

    • Advising trade unions on business and human rights mandatory human rights due diligence laws, and corporate accountability frameworks in global value chains.

    Employment & Discrimination

    Josh has primarily acted in discrimination claims under the Equality Act 2010, overlapping with his public law practice.

    Recent instructions include:

    • Successfully acting for the claimant in Pipe v Coventry University [2023] EAT 73; [2023] IRLR 745 in an appeal concerning the application of PhD/research promotion requirements to persons with ADHD, and their compatibility with s.15 (discrimination arising from disability), s.19 (indirect age and disability discrimination), and ss.20/21 EQA (failure to make reasonable adjustments). The appeal is ongoing, being heard in the Court of Appeal in 2024.

    • Acting for and attaining a settlement of over £250,000 for a claimant in a disability discrimination claim.

    Prior to Cloisters

    Prior to becoming a barrister Josh worked as a project manager at Action4Justice, where he helped develop access to justice platforms in different countries and authored guidebooks on public interest litigation. Previously, he spent a year as an intern in Greenpeace International's legal team, where he assisted on climate litigation in several jurisdictions. He has also gained experience with the UN and the Global Legal Action Network.

    Josh has working proficiency in Spanish and is learning Portuguese.

    • J F Gregg Prize for Best Law Student – University of Birmingham, 2017

    • Sir Henry Barber Law Scholarship – University of Birmingham, 2017

    • Bachelor of Laws with First Class Honours - University of Birmingham, 2017

    • Masters in Public International Law (Cum Laude) - University of Amsterdam, 2018

    • Valedictorian Speech – University of Amsterdam, 2018

    • BPTC Scholarship – City Law School, 2019

    • Queen's Scholar – Middle Temple, 2019

    • Bar Practice Training Course (Outstanding), City Law School, University of London, 2020

    • Action4Justice, Executive Committee Member

    • Administrative Law Bar Association, Member

    • Bar Human Rights Committee, Member

    • ETO Consortium, Steering Committee Member

    • Free Representation Unit, Member

    • Global Legal Action Network, Member

    • Young Legal Aid Lawyers, Member

    • Schona Jolly KC and Joshua Jackson, ‘Buttet v United Kingdom: A Missed Opportunity for the Court to Clarify the Relationship between State Immunity and Article 6 of the ECHR in the Context of Employment’ (2022) 33(5) EHRLR 469

    • Catherine Casserley and Joshua Jackson, ‘Discrimination as a Public Law Wrong: Using the Equality Act and Art 14 in Judicial Review' (Training, November 2021).

    • Joshua Jackson, ‘A closer look at AI and employment: Analysis of the recent CDEI and TUC reports' (Blog, November 2020)

    • Joshua Jackson and Others, Climate Litigation Guidebook, Action4Justice (2020)

    • Joshua Jackson and Others, Business and Human Rights Guidebook, Action4Justice (2019)

    • Joshua Jackson, ‘Pathways to Justice in a Globalised World: An Assessment of the Justiciability of the Extraterritorial Obligations in the Area of Economic, Social and Cultural Rights' (2018) Amsterdam Center for International Law No. 2018-09

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