Year of Call: 2020
Discrimination & Equality | Employment | Human Rights | Personal Injury | Public & Administrative Law
This specialism was built through years working on strategic international litigation within several NGOs, as well as through academic research. He continues to combine 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.
Consistent with his background, Josh has developed a Claimant-based practice and is dedicated to using law to generate social impact at home and abroad.
Human Rights & Public International Law
Josh has a unique specialism in domestic, European and international human rights law, international environmental law, and public international law. Owing to this expertise, he has been instructed or devilled in four cases before the European Court of Human Rights since joining Cloisters, all of which have covered myriad of complex issues of ECHR and public international law.
For example, 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. . The application raises complex points regarding exhaustion of domestic remedies, shared State responsibility, extraterritorial jurisdiction, international environmental law, victim status, and obligations under Arts 2, 3, 8 and 14.
He has also worked closely with Schona Jolly QC in three cases going to the European Court of Human Rights involving, inter alia, the intersection between Arts 6 and 8 with the rules of State Immunity and Statehood under customary international law. He has been called upon to assist with arguments in relation to extraterritorial jurisdiction.
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 currently 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 has acted in discrimination, working time, whistleblowing, health and safety, minimum wage, and trade union claims. His human rights expertise especially compliments his practice in claims involving discrimination issues or engaging the Human Rights Act.
He is building particular experience in disability discrimination claims, particularly in matters of neurodiversity. He recently acted for the Claimant in Pipe v Coventry University as sole counsel in a ten-day trial concerning the application of PhD/research promotion requirements to persons with ADHD. He recently attained a lucrative settlement for a dyslexic claimant in a separate discrimination claim.
Josh is also currently instructed by IWGB on behalf of foster carers in Johnstone & Johnstone v Glasgow City Council in whistleblowing and health and safety claims following the landmark EAT judgment they had employee status in 2020.
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. Further, Josh collaborated with members of chambers in a mass group claim involving questions of worker status.
Public & Administrative Law
Josh acts for and advises claimants in a range of judicial reviews and is building a practice this area. Drawing upon the expertise and experience previously outlined, he adds particular value in judicial reviews concerning grounds of review under the Human Rights Act, complex issues of international law, and/or claims of discrimination under Art 14 ECHR or the Equality Act 2010.
He recently acted 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 in the admin court.
He has been instructed alongside Catherine Casserley to advise on the compatibility of the expansion of the ULEZ with protections against discrimination under Art 14 ECHR and the Equality Act.
Catherine and Josh have delivered training to Bindmans LLP: “Discrimination as a Public Law Wrong: Using the Equality Act and Art 14 in Judicial Review”. They are available to provide similar training to other law firms and NGOs on this issue.
Josh co-drafted the Administrative Law Bar Association's response to the Independent Human Rights Act Review. He has also acted for claimants in social security appeals before the Upper Tribunal and represents detainees in immigration bail hearings on behalf of BID.
Tortious Claims & Corporate Accountability
Josh accepts instructions in an eclectic range of tortious claims with an employment, discrimination, environmental or human rights dimension. He is building a practice in claims against public authorities, modern slavery claims, employers' liability cases, environmental tort claims, and business and human rights matters.
For example, he is instructed as part of a counsel team to advise on potential claims against corporations with respect to their contributions to climate change. He has also advised on a potential claim regarding an oil spill off the Colombian coast. Such cases coincide with his environmental human rights practice.As regards modern slavery, he was instructed alongside Anna Beale in a civil claim against human traffickers outside of jurisdiction. He has also assisted Dan Lawson and Anna Beale in complex employers' liability cases, and has co-authored a Handbook on business and human rights.
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.
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
PUBLICATIONS, TRAINING AND MATERIALS
‘A closer look at AI and employment: Analysis of the recent CDEI and TUC reports' (Blog, November 2020)
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
Buttet v United Kingdom App no. 12917/19(European Court of Human Rights): Ongoing case regarding the compatibility of the State Immunity Act 1978 with Article 6 and the rules of customary international law on State immunity.
Liu & Ors v Norway App no. 24859/21(European Court of Human Rights): Unsuccessful application regarding the compatibility of the non-recognition of Taiwanese nationality with the requirements of Article 8, with reference to the rules of statehood under customary international law.
Thomas & Quadad v Attorney General (2021) 2021-HC-DEM-CIV-FDA-742 (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.
Pipe v Coventry University Case No: 1305255/2020 (West Midlands Employment Tribunal): Ongoing disability and age discrimination claim alleging failure to make reasonable adjustments, discrimination arising from disability, and indirect discrimination in relation to the application of PhD/research requirements to a person with ADHD in the context of a promotion framework.
Johnstone & Johnstone v Glasgow City Council Case Nos: 4103972/16 & 4103973 (Glasgow Employment Tribunal): Ongoing whistleblowing, health and safety and working time claim brought on behalf of foster carers following EAT judgment on employment status.
R (Peters and Findley) v Secretary of State for Health and Social Care CO/2652/2021 (Administrative Court): Unsuccessful application for judicial review which sought to challenge 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.