Pensions Claim (Confidential) (ongoing): Advising in a pensions case raising complex historical validity and rectification issues (led by Andrew Spink KC, David E Grant KC, Saul Margo and Stephen Doherty).
Crescent Gas Corporation Limited v (1) National Iranian Oil Company and (2) Retirement, Saving and Welfare Fund of Oil Industry Workers (2024): 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 (led by David E. Grant KC and Joshua Hitchens).
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).
Joshua previously worked at the Court of Appeal as the Judicial Assistant to Sir Terence Etherton, Master of the Rolls. His work as a judicial assistant and subsequent time in practice have given him experience in appeals concerning various areas of law and ranging from the County Court 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.
He previously completed a BA (Hons) in Law, in which he received a Double First, and an LLM, in which he obtained a First, at Downing College, University of Cambridge. He was awarded the Lord Denning Scholarship and Hardwicke Entrance Scholarship from Lincoln’s Inn and an Excellence Award from BPP University to study the Bar course.
Expertise
Joshua has a broad pensions practice covering public sector and private occupational pension schemes, including complaints to the Pensions Ombudsman and Part 8 pension claims. His 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 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. He spent four months on secondment to the Pensions Regulator (TPR), 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.
Examples of Joshua’s work includes the following:
Pensions Claim (Confidential) (ongoing): Advising in a pensions case raising complex historical validity and rectification issues (led by Andrew Spink KC, David E Grant KC, Saul Margo and Stephen Doherty).
Re Public Sector Pension Scheme (Confidential) (ongoing): Advising a public sector pension scheme concerning administration of the scheme, raising interconnected issues of public, pensions and employment law (led by Naomi Ling).
Re Mr A (2021-2024): Advised a scheme member about making IDRP complaints and a Pensions Ombudsman complaint regarding the revocation of survivors benefits under the Local Government Pension Scheme.
Assisting a member of chambers with advising on the pensions consequences following a TUPE transfer from a public sector employer to a private sector employer.
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 KC. The following are representative examples:
Assisting 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).
Assisting David E Grant KC (as a pupil) in Chambers v Thomas Miller Wealth Management Limited (2020) (concerning pensions liberation, resulting trusts and equitable tracing).
Assisted members of chambers (as a pupil) in various matters, including drafting a complaint to the Pensions Ombudsman in a case concerning Beckmann entitlements under TUPE and advising in a case concerning a member’s request for a cash-equivalent transfer value from an occupational pension scheme.
Joshua has a varied commercial and chancery practice and has a particular interest in cases which engage questions of private international law. Joshua also spent six months on secondment to 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 instructions include the following:
Crescent Gas Corporation Limited v (1) National Iranian Oil Company and (2) Retirement, Saving and Welfare Fund of Oil Industry Workers (2024) – 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 (led by David E Grant KC and Joshua Hitchens).
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.
Advising and representing a telecommunications company in a number of strike out and summary judgment applications in cases concerning claims for breach of data protection legislation, misuse of private information and breach of contract.
Drafting a defence and counterclaim in a claim for breach of contract arising out of a construction dispute.
Assisting a member of chambers in advising on a financial services claim involving Braganza and Socimer duties.
Assisting a member of chambers in an application to enforce a foreign judgment, raising issues of private and public international law, including state immunity.
Assisting a member of chambers in a number of civil contempt proceedings arising out of commercial disputes.
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; claims involving human rights law; TUPE claims; restrictive covenants; and internal investigations.
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 TUPE transfers.
Examples of Joshua’s instructions include the following:
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.
Advising a group of individuals working for a media company about whether they qualified for employee or worker status.
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.
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 KC, 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 has significant experience in public law, regulatory and human rights matters, having previously taught undergraduate students in Administrative Law as well as having worked on a wide range of appellate cases relating to public law and human rights whilst a judicial assistant to Sir Terence Etherton, Master of the Rolls.
He also has particular experience in areas of public and regulatory law which cross-over with the commercial and pensions law elements of his practice. 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. He also spent six months on secondment to the Bank of England, during which he assisted 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 instructions include the following:
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).
Mr A v Ministry of Justice (2024) – advised and represented the Ministry of Justice in a false imprisonment claim alleging losses of over £170k.
Advising a public body on potential public law challenges arising out of decision-making undertaken in a commercial context (led by John McKendrick KC).
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.
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.
Assisting 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:
Assisting Naomi Ling (as a pupil) in the 2019 Rail Franchising Litigation [2020] EWHC 1568 (TCC) (public procurement law challenges raising issues concerning the Railways Pension Scheme which arose out of intervention by the Pensions Regulator).
Assisting 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.
Assisting a member of chambers (as a pupil) in drafting an advice concerning transport regulation, local government law and public procurement law.
As a judicial assistant, Joshua assisted the Court of Appeal with a variety of appellate cases relating to public law and human rights:
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 has a growing practice in sanctions with experience in advising on the application of the Russia (Sanctions) (EU Exit) Regulations 2019 to various different kinds of corporate and commercial transactions.
Joshua was recently 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).
Examples of Joshua’s other experience in this area include the following:
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 is experienced in matters which raise issues of both public and private international law and welcomes instructions in these areas. He has also written a number of recent 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.
The following examples are representative of Joshua’s experience in international law matters:
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).
Assisting a member of chambers in a number of regulatory and criminal matters involving international maritime law, including issues relating to the COLREGS 1972, MARPOL 73/78, UNCLOS and the SUA Convention.
Assisting a member of chambers in an application to enforce a foreign judgment, raising issues of private and public international law, including state immunity.
Assisting 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.
Assisting Sarah Crowther KC 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.
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.
“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”
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Greener Litigation Project – member of the Steering Committee and the CPR and Court Engagement Working Group (2022-present)
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)
The Honourable Society of Lincoln’s Inn
● 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 Sir Terence Etherton, 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)
Contributor to the 2023 update of Atkins Court Forms, Volume 31(1) on Pensions
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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.
