Business & Commercial Law
Joe's knowledge of Business and Commercial Law complements his Employment practice and he is often instructed in cases involving an overlap between the two, such as matters involving TUPE transfers or professional negligence claims arising out of employment law advice.
Insolvency and Bankruptcy
Joe has extensive knowledge of Insolvency Law, having appeared in a wide range of hearings in both the High Court and County Court:
- Successfully obtaining High Court Injunctions to prevent the presentation of winding up certificates.
- Applications for a vesting order to enable trustees to realise the sale of a bankrupt’s investment property.
- Applications to wind up companies, take carriage of winding up petitions, rescind winding up orders, make bankruptcy orders and annul bankruptcy orders.
- Making and resisting applications to set aside statutory demands.
- Charging and possession order applications, including commercial property.
- Restoring companies to the Register for the purposes of future litigation.
- Cases involving an overlap with Joe’s Employment practice, for example those involving TUPE transfers and questions over the implications of employees.
Trading and Business Financing
Joe’s solid grasp of contract and tort law has meant that he frequently appears in commercial trials, covering the full range from small to multi-track, at appellate level and first instance and in consumer contracts and between businesses. Joe’s cases commonly focus on contractual disputes and/or professional negligence. Examples of previous cases include:
- HMRC v Time & Tune & Ors.: Instructed by HMRC as a Junior in a £5M VAT fraud case.
- Representing a global software company in a claim based on the interpretation of warranty terms.
- Representing national utility companies in a variety of contractual claims, often leading to strike out following summary judgment. More details are outlined in the Energy and Utilities section.
- Numerous professional negligence disputes, including cases involving legal advice (often overlapping with Joe’s Employment Law expertise), building work, surveyors, tax advisers, vets and even boat repairers.
- Advising a national hair care company on the enforceability of a contract for a ‘salon loan’ of over £500,000.
- Representing EBay in a claim relating to alleged loss of profit because of a seller’s status change.
- Proving fraudulent misrepresentation in the sale of an apparently ‘safe’ horse and in the return of a vehicle after an accident.
- Representing a furniture retailer against a claim relating to product liability.
- Claims relating to Employment disputes, stemming from Joe’s Employment expertise. Cases have included disputes relating to bonuses, commission, wages, pensions, references and a number of cases involving commission payments relating to agency work.
- Costs hearings, including basic assessments, appeals on costs and applications to set aside default costs certificates.
- Myriad interim applications, including for summary judgment, third party disclosure orders, security for costs and setting aside summary judgments.
"Joe England is a gifted barrister with a fantastic work ethic and attention to detail, which were invaluable in preparing and conducting my case. We were successful because he left no stone unturned and held important complex facts and issues at his fingertips. Joe’s passion and commitment to justice is matched by his warmth and friendly approach. His unmistakable ability to readily grasp intricate details, compose a compelling argument, and instinctive compassion, make Joe a most reliable, very likeable and great advocate."
“I would just to say that Joe England is brilliant and it has been a real pleasure setting next to him for 4 days grilling the other witnesses.”
“I was so impressed with the professional way he acted in every aspect, including his attention to detail and the standard of preparation. His respect and politeness to the judge and the wing members was excellent, and I noticed on many occasions the judge acknowledged his manner. On meeting Joe for the first time on the first day of the tribunal, from the outset he treated me with care and consideration. Although I had been very nervous about the up-coming tribunal, Joe’s calmness and his explanation of how the tribunal works helped me greatly. My wife was with me the whole time, giving her continuing support, and Joe was just as charming and considerate to her questions...although at this time I am not sure whether my case will be successful or not, I just want to say I felt honoured and privileged and so lucky that Joe was my barrister.”
“One moment I particularly liked, Joe had made a point, which the Judge wanted to pass over, so he complied, but at an appropriate moment, he made sure he explained why he`d wanted to go in "that" direction, and made sure he was heard. I was delighted with this, and I think the Judge will have been impressed, too! He was clearly so well prepared, there was nothing that wasn`t vital to the whole situation.”
“As an aside, I had a call from [client] earlier about the conference. He was really happy with all the advice that you gave him and he told me that last night was the first night he had slept properly since all this began.”
“I would lie if I said I enjoyed the week but was hugely comforted by having Joe as my barrister. I still think he is rock'n'roll, so on the ball and has legal knowledge at his fingertips. He just seemed to live in the ' bundle'”, named Respondent in a lengthy discrimination claim.