Joshua joined Chambers in 2020 following the successful completion of his pupillage. He is happy to accept instructions across all of Chambers’ areas of practice. His core practice areas include pensions and trusts, commercial and chancery, public law, employment and private international law. He is also a member of the Attorney General’s Junior Junior Scheme.

Education and Previous Experience

Joshua completed a BA (Hons) in Law (2013-2016), in which he received a Double First, and an LLM (2016-17), in which he obtained a First, at Downing College, University of Cambridge. During the course of his studies, Joshua pursued his interests in public law and human rights law as a research intern at the Bingham Centre for the Rule of Law in 2016. He was also a research assistant to Shaheed Fatima QC in 2017 for the final report of the Inquiry on Protecting Children in Conflict.

Following his legal studies, Joshua worked at the Court of Appeal as the Judicial Assistant to Sir Terence Etherton, Master of the Rolls from 2017 to 2018. Whilst at the Court of Appeal, Joshua worked on a wide variety of cases involving, among other things, commercial law, professional discipline law, public law, human rights law, personal injury law and civil procedure. He also helped prepare research for lectures on a range of legal topics.

Joshua was awarded the Lord Denning Scholarship and Hardwicke Entrance Scholarship from Lincoln’s Inn and an Excellence Award from BPP University to study the BPTC (2018-19), where he received an Outstanding. He was called to the Bar by Lincoln’s Inn in 2019.

Whilst completing the BPTC, Joshua also supervised undergraduate students in Administrative Law at Newnham College, University of Cambridge for the 2018/19 academic year.

Expertise

Joshua is developing 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; claims involving human rights law; group action equal pay claims; TUPE claims; restrictive covenants; and internal investigations.

Examples of Joshua’s recent instructions include the following:

  • Advising a group of individuals working for a media company about whether they qualified for employment or worker status.
  • Drafting grounds of claim for a race discrimination claim against a public authority in a national security context.
  • Successfully defending the respondent at a two-day hearing in a claim for failure to make reasonable adjustments to the recruitment process in an aviation context.
  • Advising an employer on liability for inducing breach of contract in respect of a new employee’s post-termination restrictive covenants arising from his previous employment.
  • Successfully representing the claimant in a one-day preliminary hearing to determine whether he had a disability for the purposes of his disability discrimination claims against a major national retailer.
  • Advising on an employee’s contractual obligations to disclose to his employer an external interest in a new start-up company.

As a pupil, Joshua was supervised by both Naomi Ling and David E Grant, gaining experience in a wide range of employment law work, including a discrimination claim concerning service complaints under the Armed Forces Act 2006 and a disclosure of confidential information case being litigated in parallel arbitration and employment tribunal proceedings

Joshua is developing a broad practice covering pensions law and trusts  law. He is currently on secondment to the Pensions Regulator where he is assisting on work relating to defined benefit superfunds and gaining significant practical experience in the field of pensions regulation.

Examples of Joshua’s recent work includes the following:

  • Assisting a member of chambers with advising on a Bradstock compromise of a s.75 debt.
  • Instructions from a leading solicitors firm to review the governing documentation of several occupational pension schemes.
  • Assisting a member of chambers in drafting submissions to the Pensions Ombudsman in a complaint relating to a transfer of accrued pension entitlements between two public sector pension schemes.

Joshua also gained significant experience in pensions disputes during pupillage when he was supervised by both Naomi Ling and David E Grant. The following are representative examples:

  • Assisted Naomi Ling (as a pupil) in the 2019 Rail Franchising Litigation [2020] EWHC 1568 (TCC) (concerning public procurement law challenges to Stagecoach’s disqualification from the tender process for three rail franchises, on the basis of its bidding approach to pensions issues with the Railways Pension Scheme which arose out of intervention by the Pensions Regulator).
  • Assisted David E Grant (as a pupil) in Chambers v Thomas Miller Wealth Management Limited (2020) (concerning pensions liberation, resulting trusts and equitable tracing).
  • Assisted a member of chambers (as a pupil) in drafting a complaint to the Pensions Ombudsman in a case concerning Beckmann entitlements under TUPE.

Assisted a member of chambers (as a pupil) in a case concerning a member’s request for a cash-equivalent transfer value from an occupational pension scheme.

Joshua is developing a varied commercial and chancery practice and has a particular interest in cases which engage questions of private international law. He also has a keen interest in disputes involving cryptoassets and has written articles in this field.

Joshua also recently spent six months on secondment to the Prudential Regulation Authority at the Bank of England, during which he gained significant practical experience advising on a regulatory investigation into whether an insurer had breached its regulatory requirements and should be issued with a warning notice.

Examples of Joshua’s recent instructions include the following:

  • Successfully obtaining an order for wasted costs against a solicitors firm.
  • Successfully representing a telecommunications company in a successful strike out and summary judgment application against a customer’s claim for breach of contract.
  • Assisted a member of chambers in drafting pleadings in a case concerning unpaid fees for financial and investment advisory services in the DIFC Courts.
  • Assisted a member of chambers in advising on a financial services claim involving Braganza and Socimer
  • Drafted a defence and counterclaim in a claim for breach of contract arising out of a construction dispute.
  • Assisted a member of chambers in an application to enforce a foreign judgment, raising issues of private and public international law, including state immunity.
  • Assisted a member of chambers in a number of civil contempt proceedings arising out of commercial disputes.
  • Assisted a member of chambers (as a pupil) in a case concerning claims for breach of contract and civil fraud arising out of an insurance indemnity paid out in an international sale of goods context. Drafted letter before claim, application for pre-action disclosure and an application to serve out of the jurisdiction.

Assisted a member of chambers (as a pupil) in drafting an advice and particulars of claim for applications to remove executors under s.50 of the Administration of Justice Act 1985 and for court directions on the administration of an estate under CPR Pt 64.

Joshua is developing a broad practice in the field of personal injury and clinical negligence, with a particular emphasis on claims in the travel law sphere which engage issues of private international law and cases with a public law element, including claims for compensation under the Human Rights Act.

Examples of Joshua’s recent instructions, as both sole and junior counsel, include:

  • FS Cairo (Nile Plaza) LLC v Brownlie (2021) – led by Sarah Crowther QC and Daniel Clarke for the claimant in the defendant’s appeal to the Supreme Court, concerning the scope of the tort gateway for service outside the jurisdiction at common law and the operation of the common law default rule of similarity between foreign law and English law (awaiting judgment).
  • Inquest touching on the death of AB – represented the family of the deceased in a two-day 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.
  • AA and BB v C County Council – 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.

During pupillage, Joshua was supervised by Daniel Clarke and experienced a wide range of matters relating to personal injury, clinical negligence, travel law and private international law. In particular, he assisted both Sarah Crowther QC and Daniel Clarke in a number of claims brought under the Package Travel Regulations 1992, as well as fault-based personal injury claims and Odenbreit claims brought against insurers under foreign law.

Joshua has a keen interest in public law and human rights matters, having previously taught undergraduate students in Administrative Law as well as having assisted the Court of Appeal with a wide range of appellate cases relating to public law and human rights. He is building a varied practice in this area, including in cases where public law and human rights law crosses over with other practice areas, particularly in the regulatory sphere.

He is currently on secondment to the Pensions Regulator where he is assisting on work relating to defined benefit superfunds and gaining significant practical experience in the field of pensions regulation.

Examples of his recent instructions include the following:

  • Inquest touching on the death of AB – represented the family of the deceased in a two-day 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.
  • AA and BB v C County Council – 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.
  • EE v Secretary of State for the Home Department – successfully obtained a grant of immigration bail for a vulnerable adult where there was no realistic prospect of the Secretary of State effecting deportation within a reasonable period.
  • Assisted a member of chambers with advising on and pleading judicial review proceedings in a children’s social care matter.

During pupillage, Joshua assisted members of Chambers in a range of public law matters, including the following matters:

  • Assisted Naomi Ling (as a pupil) in the 2019 Rail Franchising Litigation [2020] EWHC 1568 (TCC) (concerning public procurement law challenges to Stagecoach’s disqualification from the tender process for three rail franchises, on the basis of its bidding approach to pensions issues with the Railways Pension Scheme which arose out of intervention by the Pensions Regulator).
  • Assisted a member of chambers (as a pupil) in drafting an advice on collaterally challenging the legal basis for bringing a regulatory prosecution as unlawful under public law.

Assisted a member of chambers (as a pupil) in drafting an advice concerning transport regulation, local government law and public procurement law.

During pupillage, Joshua was exposed to a variety of work involving matters of both public and private international law and he is keen to develop his practice in these areas. He has also written a number of recent articles on private international law. The following examples are representative of Joshua’s experience in international law matters:

  • FS Cairo (Nile Plaza) LLC v Brownlie (2021) – led by Sarah Crowther QC and Daniel Clarke for the claimant in the defendant’s appeal to the Supreme Court, concerning the scope of the tort gateway for service outside the jurisdiction at common law and the operation of the common law default rule of similarity between foreign law and English law (awaiting judgment).
  • Assisted a member of chambers in an application to enforce a foreign judgment, raising issues of private and public international law, including state immunity.
  • Assisted a member of chambers (as a pupil) in drafting an advice on international maritime law, advising on a state’s international jurisdiction at sea under UNCLOS and the SUA Convention.
  • Assisted a member of chambers (as a pupil) in a case concerning claims for breach of contract and civil fraud arising out of an insurance indemnity paid out in an international sale of goods context. Drafted letter before claim, application for pre-action disclosure and an application to serve out of the jurisdiction.

Assisted Sarah Crowther QC and Daniel Clarke (as a pupil) in a number of international travel law claims, including fault-based personal injury claims and Odenbreit claims brought against insurers under foreign law.

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.

To find out more, contact Sam Carter on +44 (0)20 7989 6669 or Colin Bunyan on +44 (0)20 7427 4886 for a confidential discussion.

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  • Commercial Bar Association (COMBAR)
  • Association of Pension Lawyers (APL)
  • Personal Injury Bar Association (PIBA)

  • 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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