Year of Call: 2020
Discrimination & Equality | Employment | Human Rights | Personal Injury | Public & Administrative Law
Josh Jackson is a specialist in human rights and international law, and is currently acting in high profile human rights cases before the High Court, courts in foreign jurisdictions, and the European Court of Human Rights. His expertise in human rights and international law informs and compliments other areas of his practice. Josh combines a practice at the Bar with active involvement in civil society, being a member of the Executive Committee of Action4Justice and the Steering Committee of the ETO Consortium. He is dedicated to using law to generate social impact at home and abroad.
Human Rights & Public International Law
Josh acts for claimants in human rights and international law matters. He is instructed on behalf of six Portuguese children in the climate case of Duarte Agostinho & Ors v Portugal & 32 Other States before the European Court of Human Rights. He has worked with Schona Jolly QC on three cases going to the European Court of Human Rights involving complex issues of public international law, such as State Immunity and the rules of Statehood under customary international law.
Josh advises on human rights and international law claims in foreign jurisdictions. He has advised on international law issues arising from the construction of a power station on the Israeli/West Bank border. He is instructed in Thomas & Quadad v Attorney General to advise on a challenge to oil and gas exploration based on the constitutional right to a healthy environment in Guyana.
Employment & Discrimination
Josh primarily acts for claimants. He is acting in unfair dismissal, discrimination, working time, whistleblowing, health and safety, minimum wage, and trade union claims. For example, he is instructed by IWGB on behalf of foster carers in Johnstone & Johnstone v Glasgow City Council in whistleblowing claims following the landmark EAT judgment they had employee status in 2020.
Josh has worked closely with members of chambers in a mass group claim involving questions of worker status. He assisted Chris Milsom in Steer v Stormsure before the Employment Appeal Tribunal and Court of Appeal regarding the compatibility of the absence of interim relief under the Equality Act with the ECHR, and the application of section 3 of the Human Rights Act therein.
Public & Administrative Law
Josh acts for claimants in judicial reviews. He acts for the Claimants in R (Peters and Findley) v Secretary of State for Health and Social Care (led by Ed Williams QC), challenging the mandatory vaccination requirement for care workers. During pupillage, Josh gained experience with Tom Brown in judicial reviews regarding the transposition of EU health and safety directives, and in unlawful detention cases.
Josh co-drafted the Administrative Law Bar Association’s response to the Independent Human Rights Act Review. He has acted for claimants in social security appeals before the Upper Tribunal and represents detainees in immigration bail hearings on behalf of BID.
Personal Injury, Tort Law & Corporate Accountability
Josh acts for claimants in a range of tortious claims with an employment or human rights dimension. He is building a practice in claims against public authorities, employers’ liability cases, modern slavery and human trafficking claims, and business and human rights cases.
Josh has assisted Dan Lawson and Anna Beale in complex employers’ liability cases. He was instructed alongside Anna Beale in a civil claim against human traffickers outside of jurisdiction. He has co-authored a Handbook on business and human rights, and has advised on the prospects of bringing a claim in English Courts regarding an oil spill off the Colombian coast.
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.
Josh has working proficiency in Spanish.
QUALIFICATIONS AND AWARDS
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
MEMBERSHIPS AND APPOINTMENTS
Administrative Law Bar Association, Member
Bar Human Rights Committee, Member
ETO Consortium, Steering Committee Member
Free Representation Unit, Member
Global Legal Action Network, Member
Haldane Society of Socialist Lawyers, Member
Young Legal Aid Lawyers, Member
Anti-Corruption Guidebook, Action4Justice (2020)
Climate Litigation Guidebook, Action4Justice (2020)
Arrest Guidebook, Action4Justice (2020)
Pre-Trial Detention Guidebook, Action4Justice (2020)
Going to Court Guidebook, Action4Justice (2020)
Business and Human Rights Guidebook, Action4Justice (2019)
‘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
Duarte Agostinho & Ors v Portugal & 32 Other States (European Court of Human Rights): Ongoing climate case challenging States’ failures to take sufficient action to prevent dangerous climate change. Based on Articles 2, 3, 8 and 14, involving issues of extraterritorial jurisdiction, exhaustion of local remedies, victim status, and shared responsibility.
R (Peters and Findley) v Secretary of State for Health and Social Care (High Court): Ongoing judicial review challenging mandatory vaccination requirement for care workers pursuant to the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 on the grounds of ultra vires, insufficient inquiry/relevant considerations, Article 8 ECHR, Article 8 with 14 ECHR, and irrationality.
Thomas & Quadad v Attorney General (Constitutional Court of Guyana): Ongoing constitutional case challenging compatibility of oil and gas exploration of the Guyanese coast with the constitutional right to a healthy environment.
Johnstone & Johnstone v Glasgow City Council (Glasgow Employment Tribunal): Pending whistleblowing, health and safety, working time and minimum wage claim brought on behalf of foster carers following EAT judgment on employment status.
Blatchford v Secretary of State for Work and Pensions (Upper Tribunal): Pending appeal in social security claim regarding SSWP’s debt recovery on basis actions are ultra vires.