Joshua Cainer

Year of Call:
2019
Direct Access:
No
Joshua.cainer@outertemple.com Email
+44 (0)20 7353 6381
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Joshua has a broad civil practice which covers pensions, commercial and chancery, public law and  employment and discrimination. He is particularly experienced in cases involving cross-cutting issues which overlap more than one of his areas of practice. He is a member of the Attorney General’s C Panel of Counsel and is ranked in Band 5 for Employment and as a Rising Star for Pensions by Legal 500, where he has been described as “an indefatigable and committed barrister. He has a fantastic command of the detail and stops [at] nothing to master the most challenging aspects of his cases”.

Current and recent highlights of Joshua’s practice include:

  • Secretary of State for Justice v White [2026] EWHC 163 (Admin): Instructed by the successful respondent in an appeal brought by the Secretary of State for Justice about the proper approach to deducting the respondent’s pension lump sum from his retirement compensation lump sum as part of the statutory compensation for loss of office to which he was entitled as a former Justices’ Clerk under the Justices of the Peace Act 1949 (Compensation) Regulations 1978 (known as the ‘Crombie Regulations’). This case is currently on appeal to the Court of Appeal (sole counsel).
  • Places for People Pension Trustee Ltd v Places for People Group Ltd [2025] EWHC 3371 (Ch): Instructed by the Trustee in a successful application to approve a settlement under CPR r 19.9(5)-(6) and grant several rectification claims. The settlement concerned complex Part 8 proceedings relating to the execution of 10 definitive deeds and supplementary deeds for a pension scheme, raising complex historical validity issues (Andrew Spink KC, David E Grant KC and Saul Margo).
  • Crescent Gas Corporation Ltd v (1) National Iranian Oil Company and (2) Retirement, Saving and Welfare Fund of Oil Industry Workers [2025] EWCA Civ 1211: Acting for the Second Defendant in its appeal to the Court of Appeal in a claim concerning relief under s.423 of the Insolvency Act 1986 in connection with the enforcement of a $2.6bn arbitration award. This case is currently on appeal to the Supreme Court (led by David E. Grant KC and with Joshua Hitchens and Amna Ali).
  • Re Local Government Pension Scheme (Confidential) (2025): Instructed by an admission body to advise on various matters relating to its proposed exit from the Local Government Pension Scheme, including by way of proposed judicial review proceedings (led by Keith Bryant KC).    
  • UK Covid-19 Inquiry (2022-2024):Instructed as junior counsel to the Inquiry, chaired by Baroness Heather Hallett DBE, for Module 1 examining the preparedness and resilience of the UK for the Covid-19 pandemic across the different governmental and administrative arrangements for England, Wales, Scotland and Northern Ireland (led by Hugo Keith KC and Kate Blackwell KC).
  • FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45 – acting for the claimant in successfully resisting the defendant’s appeal to the Supreme Court on the scope of the tort gateway for serving proceedings out of the jurisdiction at common law and the operation of the presumption and default rule of similarity between foreign law and English law (led by Sarah Crowther KC and Daniel Clarke).

Joshua previously worked at the Court of Appeal as the Judicial Assistant to Lord Etherton when he was Master of the Rolls. His work as a judicial assistant and subsequent time in practice have given him experience in applications, trials and appeals concerning various areas of law and ranging from proceedings in the County Court and the Employment Tribunal to the Court of Appeal and the Supreme Court.

He is also a former Supervisor in Administrative Law at Newnham College, University of Cambridge. He is therefore confident in dealing with public law concepts and the intersection of public and regulatory law with other areas of his practice.

Expertise

Joshua has a broad pensions practice covering public service and private occupational pension schemes, including complaints to the Pensions Ombudsman, Part 7 and Part 8 claims. He is ranked as a Rising Star for Pensions by Legal 500.

 

Joshua’s complementary employment practice also enables him to advise on difficult issues which cross-over between employment and pensions law, including claims for pensions losses and pensions issues arising in discrimination claims and in connection with TUPE transfers.

 

Joshua also has particular experience in related areas of public and regulatory law which cross-over with the pensions law elements of his practice. This is particularly beneficial when advising in relation to public sector-related issues including judicial review claims and statutory appeals. He spent four months on secondment to the Pensions Regulator, during which he assisted on work relating to defined benefit superfunds and gained significant practical experience in the field of pensions regulation.

 

Joshua has delivered talks with other members of chambers on TPR’s moral hazard powers and the criminal offences introduced by the Pension Schemes Act 2021, is a contributor to the 2023 update of Atkins Court Forms, Volume 31(1) on Pensions and is a member of the APL Future Leaders in Pensions (FLIP) Sub-Committee.

Particular highlights of Joshua’s instructions in this area include:

  • Secretary of State for Justice v White [2026] EWHC 163 (Admin): Instructed by the successful respondent in an appeal brought by the Secretary of State for Justice about the proper approach to deducting the respondent’s pension lump sum from his retirement compensation lump sum as part of the statutory compensation for loss of office to which he was entitled as a former Justices’ Clerk under the Justices of the Peace Act 1949 (Compensation) Regulations 1978 (known as the ‘Crombie Regulations’). This case is currently on appeal to the Court of Appeal (sole counsel).
  • Mr A v Secretary of State for Justice (2024-ongoing): Instructed to advise another former Justices’ Clerk in bringing appeals against decisions made by the Secretary of State for Justice in relation to the calculation methodology and tax treatment of compensation under the Crombie Regulations (sole counsel).
  • Places for People Pension Trustee Ltd v Places for People Group Ltd [2025] EWHC 3371 (Ch): Instructed by the Trustee in an application to approve a settlement under CPR r 19.9(5)-(6) as well as several rectification claims. The settlement concerned complex Part 8 proceedings relating to the execution of 10 definitive deeds and supplementary deeds for a pension scheme, raising complex historical validity issues (led by Andrew Spink KC, David E Grant KC and Saul Margo).
  • Re Local Government Pension Scheme (Confidential) (2025-ongoing): Instructed by an admission body to advise on various matters relating to its proposed exit from the Local Government Pension Scheme, including by way of proposed judicial review proceedings (led by Keith Bryant KC).
  • Re Public Service Pension Scheme (Confidential) (2024-2025): Advising a public sector pension scheme concerning administration of the scheme, raising interconnected issues of public, pensions, commercial and employment law (led by Naomi Ling).
  • Mr B v County Council (2021-ongoing): Instructed to advise a scheme member about making IDRP complaints and a Pensions Ombudsman complaint regarding the revocation of survivors benefits under the Local Government Pension Scheme.

Joshua has a varied commercial and chancery practice and is frequently asked to advise on such matters arising in connection with the pensions, employment and public law elements of his practice.

Particular highlights of Joshua’s instructions in this area include:

  • Crescent Gas Corporation Ltd v (1) National Iranian Oil Company and (2) Retirement, Saving and Welfare Fund of Oil Industry Workers [2025] EWCA Civ 1211: Acting for the Second Defendant in its appeal to the Court of Appeal in a claim concerning relief under s.423 of the Insolvency Act 1986 in connection with the enforcement of a $2.6bn arbitration award. This case is currently on appeal to the Supreme Court  (led by David E Grant KC and with Joshua Hitchens and Amna Ali).
  • Places for People Pension Trustee Ltd v Places for People Group Ltd [2025] EWHC 3371 (Ch): Instructed by the Trustee in an application to approve a settlement under CPR r 19.9(5)-(6) as well as several rectification claims. The settlement concerned complex Part 8 proceedings relating to the execution of 10 definitive deeds and supplementary deeds for a pension scheme, raising complex historical validity issues  (led by Andrew Spink KC, David E Grant KC and Saul Margo).
  • Re Public Service Pension Scheme (Confidential) (2024-2025): Advising a public sector pension scheme concerning administration of the scheme, raising interconnected issues of public, pensions, commercial and employment law (led by Naomi Ling).
  • A Ltd v B Ltd (2024) – advising the claimant on an extension of time application in cross-border claims for an unpaid debt, breach of contract and quantum meruit pleaded in excess of $4m.
  • Mr A and Mrs A v Various (2024) – representing the claimant landlords in a claim for breach of a tenancy agreement and civil fraud against their former tenants in respect of property damage.
  • Advising a foreign state regulator on legislative and regulatory matters relating to cryptoassets and smart contracts. Assigned lead responsibility for advising on the comparative treatment of these issues in England and Wales, Australia and New Zealand (with Andrew Spink KC, Justina Stewart, Chloë Bell, Henry Reid and Anson Cheung).
  • Advising a bloodstock agent in relation to a racehorse purchased at auction on behalf of a client who defaulted on payment.
  • Representing an insurance broker in a claim concerning a contractual entitlement to claw back commission payments from an insurance agent in respect of cancelled insurance policies.
  • Secondment to the Bank of England, assisting on a regulatory investigation into whether an insurer had breached its regulatory requirements and should be issued with a warning notice.

As a judicial assistant, Joshua assisted the Court of Appeal with a variety of appellate cases relating to commercial law, including:

  • Property Alliance Group Ltd v Royal Bank of Scotland [2018] EWCA Civ 355 (various claims seeking rescission and damages in relation to a number of interest rate swap agreements).
  • Salekipour v Parmar [2017] EWCA Civ 2141 (county court’s jurisdiction to set aside one of its previous final judgments for fraud or perjury).
  • Welsh Ministers v Price [2017] EWCA Civ 1768 (joinder of third parties to an application to restore a company to the Register of Companies under s.1029 of the Companies Act 2006).

Joshua acts for both claimants and respondents and has a varied practice covering all aspects of employment and discrimination law, as well as related areas of commercial law. He has previous experience in matters involving: unfair dismissal claims; whistleblowing claims; discrimination law; equal pay; claims involving human rights law; TUPE claims; restrictive covenants; and internal investigations. He is ranked in Band 5 for Employment by Legal 500.

Joshua also has significant experience in alternative dispute resolution in the employment field. He has advised on settlement agreements for a range of employees, including senior executives, and also has had experience in securing successful outcomes for clients at a number of judicial mediations in the employment tribunal.

His complementary pensions practice also enables him to advise on difficult issues which cross-over between employment and pensions law, including claims for pensions losses and pensions issues arising in discrimination claims and in connection with TUPE transfers.

Particular highlights of Joshua’s instructions in this area include:

  • Secretary of State for Justice v White [2026] EWHC 163 (Admin): Instructed by the successful respondent in an appeal brought by the Secretary of State for Justice about the proper approach to deducting the respondent’s pension lump sum from his retirement compensation lump sum as part of the statutory compensation for loss of office to which he was entitled as a former Justices’ Clerk under the Justices of the Peace Act 1949 (Compensation) Regulations 1978 (known as the ‘Crombie Regulations’). This case is currently on appeal to the Court of Appeal (sole counsel).
  • Mr A v Secretary of State for Justice (2024-ongoing): Instructed to advise another former Justices’ Clerk in bringing appeals against decisions made by the Secretary of State for Justice in relation to the calculation methodology and tax treatment of compensation under the Crombie Regulations (sole counsel).
  • Re Public Service Pension Scheme (Confidential) (2024-2025): Advising a public sector pension scheme concerning administration of the scheme, raising interconnected issues of public, pensions, commercial and employment law (led by Naomi Ling).
  • Representing a manager in an equal pay claim and securing a favourable settlement ahead of a four-day hearing to determine whether there was ‘like work’ and ‘work of equal value’.
  • Successfully representing the respondent NHS Trust in a one-day preliminary hearing to determine whether a bank worker had employment status and two years’ continuity of employment to bring an unfair dismissal claim.
  • Successfully representing the respondent in resisting a claimant’s Rule 21 appeal in the EAT against the Registrar’s refusal to extend the time limit for filing her appeal against an unless order made in the Employment Tribunal. Also successfully resisted the claimant’s subsequent application for permission to appeal to the Court of Appeal.
  • Successfully representing an airline in pay claims arising out of deductions made to reimburse overpaid wages, raising issues of contractual variation, whether a COT3 agreement was vitiated by economic duress and the availability of an unjust enrichment claim by means of equitable set-off in the Employment Tribunal.
  • Representing a claimant in a discrimination case raising national security issues and the potential for Rule 94 measures before securing a favourable settlement.
  • Representing a practice nurse in an unfair dismissal claim arising out of multiple misconduct allegations relating to clinical practice.
  • Advising on the application of the Contracts (Rights of Third Parties) Act 1999 to an NDA clause contained within an employment settlement agreement.
  • Successfully representing a public authority in a one-day preliminary hearing to determine whether the claimant’s menopause and back pain qualified as disabilities.

Joshua has significant experience in public law, regulatory and human rights matters, particularly in areas which cross-over with the commercial, pensions and employment law elements of his practice.

Particular highlights of Joshua’s instructions in this area include:

  • Secretary of State for Justice v White [2026] EWHC 163 (Admin): Instructed by the successful respondent in an appeal brought by the Secretary of State for Justice about the proper approach to deducting the respondent’s pension lump sum from his retirement compensation lump sum as part of the statutory compensation for loss of office to which he was entitled as a former Justices’ Clerk under the Justices of the Peace Act 1949 (Compensation) Regulations 1978 (known as the ‘Crombie Regulations’). This case is currently on appeal to the Court of Appeal (sole counsel).
  • Mr A v Secretary of State for Justice (2024-ongoing): Instructed to advise another former Justices’ Clerk in bringing appeals against decisions made by the Secretary of State for Justice in relation to the calculation methodology and tax treatment of compensation under the Crombie Regulations (sole counsel).
  • Re Local Government Pension Scheme (Confidential) (2025): Instructed by an admission body to advise on various matters relating to its proposed exit from the Local Government Pension Scheme, including by way of proposed judicial review proceedings (led by Keith Bryant KC).
  • Re Public Service Pension Scheme (Confidential) (2024-2025): Advising a public sector pension scheme concerning administration of the scheme, raising interconnected issues of public, pensions, commercial and employment law (led by Naomi Ling).
  • R (A Ltd) v Government Department (2024) – advised a transport company about a proposed concurrent appeal and judicial review proceedings in respect of the operation of a civil penalty scheme (led by Oliver Powell KC).
  • Mr A v Ministry of Justice (2024-ongoing) – advised and represented the Ministry of Justice in a false imprisonment claim alleging losses of over £100k and raising several novel legal issues regarding quantum.
  • Instructed in relation to certain interim matters in two linked ‘failure to remove’ cases involving children who are claiming damages for common law negligence and Human Rights Act damages for breach of their rights under Articles 3, 6 and 8 of the ECHR.
  • Secondment to the Pensions Regulator, assisting on work relating to defined benefit superfunds and regulatory pensions investigations.
  • Secondment to the Bank of England, assisting on a regulatory investigation into whether an insurer had breached its regulatory requirements and should be issued with a warning notice.

Joshua previously taught undergraduate students in Administrative Law at Newnham College, University of Cambridge. As a judicial assistant, Joshua also assisted the Court of Appeal with a variety of appellate cases relating to public law and human rights, including:

  • Stunt v Associated Newspapers Ltd [2018] EWCA Civ 1780 (compatibility of s.32(4) of the Data Protection Act 1998 with EU law, the EU Charter of Fundamental Rights and Article 10 ECHR)
  • R (Conway) v Secretary of State for Justice [2018] EWCA Civ 1431 (compatibility of s.2(1) of the Suicide Act 1981 with Article 8 ECHR).
  • R (Gray) v Chief Constable of Nottinghamshire [2018] EWCA Civ 34 (cause of action estoppel and abuse of process in police disciplinary proceedings).
  • R (Bowen and Stanton) v Secretary of State for Justice [2017] EWCA Civ 2181 (lawfulness of detention in prison whilst waiting for places at Approved Premises to become available).
  • M (Children) (Contact: Ultra-Orthodox Judaism: Transgender Parent) [2017] EWCA Civ 2164 (application for direct contact raising issues under Articles 8, 9 and 14 ECHR and the Equality Act 2010).
  • Smith v Lancashire Teaching Hospitals NHS Foundation Trust [2017] EWCA Civ 1916 (compatibility of s.1A of the Fatal Accidents Act 1976 with Articles 8 and 14 ECHR).

Joshua was instructed as Junior Counsel to the UK Covid-19 Inquiry, chaired by Baroness Hallett. He worked on Module 1 which examined the preparedness and resilience of the UK for the Covid-19 pandemic across the different governmental and administrative arrangements for England, Wales, Scotland and Northern Ireland (led by Hugo Keith KC and Kate Blackwell KC). In particular, Joshua led on the evidence streams relating to the Cabinet Office and the Government Office for Science.

Joshua’s responsibilities on Module 1 included: advising on applications for Core Participant status; drafting Rule 9 requests for witness statements and evidential disclosure; reviewing relevant factual evidence from thousands of documents and expert evidence across a range of disciplines; legal research; and assisting with hearing preparation and drafting submissions and witness question plans for three preliminary hearings and a 6-week public hearing.

He also assisted with hearing preparation for some of the witnesses in Module 2 which is examining the core UK decision-making and political governance in responding to the Covid-19 pandemic (led by Hugo Keith KC and Andrew O’Connor KC).

Other highlights of Joshua’s experience in this area include:

  • Secondment to the Pensions Regulator, assisting on work relating to defined benefit superfunds and regulatory pensions investigations.
  • Secondment to the Bank of England, assisting on a regulatory investigation into whether an insurer had breached its regulatory requirements and should be issued with a warning notice.
  • Represented the family of the deceased in an Article 2 inquest into a death occurring during hospital admission. The coroner gave a narrative conclusion which included findings of systemic and individual failings amounting to neglect by the NHS Trust.

Joshua has experience in matters which raise issues of private international law. He was instructed by the successful claimant for the Supreme Court appeal in FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45 which concerned the scope of the tort gateway for serving proceedings out of the jurisdiction at common law and the operation of the presumption and default rule of similarity between foreign law and English law (led by Sarah Crowther KC and Daniel Clarke).

He has also written articles and delivered a number of talks on private international law, particularly in relation to emerging technologies and digital assets. He was one of the contributors to the COMBAR and Chancery Bar Association joint response to the Law Commission’s ‘Digital assets and ETDs in private international law: which court, which law? Call for evidence’ in May 2024.

Joshua also has previous experience assisting in matters which raise issues of public international law, including matters involving state immunity as well as regulatory and criminal matters involving international maritime law, such as issues relating to the COLREGS 1972, MARPOL 73/78, UNCLOS and the SUA Convention.

Related updates

Joshua Cainer is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

"An indefatigable and committed barrister. Has a fantastic command of the detail and stops and nothing to master the most challenging aspects of his cases."

Employment, Legal 500 2026

"Approachable and thorough. He explains complex issues in a straightforward way and gives practical advice."

Pensions, Legal 500 2026

“Joshua has a deep understanding and knowledge of very technical areas in law, and he goes above and beyond in coming up with varied and multiple solutions to complex legal problems. His key strength is in identifying the core issues almost instantaneously, and delivering very measured and articulate and deeply considered responses to problems arising in our client work.”

Solicitor testimonial

“I have been very impressed with Joshua throughout the matter – his client care, drafting, advocacy and knowledge is above and beyond his call and I look forward to working with him on other suitable matters.”

Solicitor, Employment Tribunal case

“I am very impressed with the work you have done for us … We rate you very highly, and I truly hope you continue to be willing to work with us in future.”

Solicitor, Employment Tribunal case

“I have already thanked you for all your work, but I wanted to pass on thanks from the witnesses. Both over the phone and in emails, they have praised your work, the amount of effort, and the skill and experience you have displayed. They are very impressed, so once again, thank you.”

HR advisor for public sector client

“I would like to thank you for your considerable efforts in respect of this matter which went a long way to achieving what I consider to be a very good outcome”

Solicitor testimonial

To find out more, contact Matt Sale on +44 (0)20 7427 4910 or Ellie Barra on +44 (0)20 7353 6381 for a confidential discussion.

  • Association of Pension Lawyers (APL) – Associate Member and member of the Future Leaders in Pensions (FLIP) Sub-Committee (2023-present)
  • Commercial Bar Association (COMBAR)
  • Constitutional & Administrative Law Bar Association (ALBA)
  • Employment Lawyers Association (ELA)
  • London Bar Association (LBA)
  • The Honourable Society of Lincoln’s Inn
  • Greener Litigation Project – member of the Steering Committee and the CPR and Court Engagement Working Group (2022-2025)

  • BPTC, BPP University (Outstanding)
  • LLM, Downing College, University of Cambridge (First)
  • MA (Hons) Law, Downing College, University of Cambridge (Double First)
  • Prior to commencing practice Joshua spent one year at the Court of Appeal as the Judicial Assistant to Lord Etherton when he was Master of the Rolls.
  • He also spent one year supervising undergraduate students in Administrative Law at Newnham College, University of Cambridge.
  • He was previously also a research intern at the Bingham Centre for the Rule of Law and a research assistant to Shaheed Fatima KC for her edited book, Protecting Children in Armed Conflict (Hart Publishing 2018).

  • Buchanan Prize (Lincoln’s Inn) (2019)
  • Lord Denning Scholarship (Lincoln’s Inn) (2018)
  • BPP Excellence Award (BPP Law School) (2017)
  • Senior Harris Scholar (Downing College, University of Cambridge) (2016 and 2017)
  • Kathryn Wilsey & Keith W Lerch Book Prize for Law (Downing College, University of Cambridge) (2016 and 2017)
  • Foundation Scholar of Downing College (Downing College, University of Cambridge) (2016)
  • Littleton Chambers Prize for Labour Law (Faculty of Law, University of Cambridge) (2016)
  • Hardwicke Entrance Scholarship (Lincoln’s Inn) (2016)
  • Rebecca Flower Squire Scholarship (Faculty of Law, University of Cambridge) (2014, 2015 and 2016)
  • Harris Book Prize (Downing College, University of Cambridge) (2015)
  • Kathryn Wilsey & Keith W Lerch Scholarship for Law (Downing College, University of Cambridge) (2014 and 2015)
  • Seton Cavendish Book Prize (Downing College, University of Cambridge) (2014)

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