Joshua has a broad civil practice which covers pensions, commercial and chancery, public, regulatory and human rights law, employment and discrimination and private international law. He was recently appointed as junior counsel to the UK Covid-19 Inquiry by Baroness Hallett, Chair of the Inquiry, and 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.
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; group action equal pay claims; 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 experience in securing successful outcomes for clients at a number of judicial mediations in the employment tribunal.
Examples of Joshua’s recent instructions include the following:
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, including in related public law and regulatory matters.
He recently spent three 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 has experience of the new regulatory regime and criminal offences introduced by the Pension Schemes Act 2021, having delivered training in this area with other members of chambers.
Examples of Joshua’s recent work includes the following:
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:
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:
Advising an individual in relation to a high value item purchased at auction on behalf of a client who defaulted on payment, raising legal issues relating to contract, agency, property and bailment.
Successfully representing an insurance broker at trial 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.
Successfully obtaining an order for wasted costs against a solicitors firm.
Assisting a member of chambers in drafting pleadings in a case concerning unpaid fees for financial and investment advisory services in the DIFC Courts.
Assisting a member of chambers in advising on a financial services claim involving Braganza and Socimer duties.
Drafting a defence and counterclaim in a claim for breach of contract arising out of a construction dispute.
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.
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. Drafted letter before claim, application for pre-action disclosure and an application to serve out of the jurisdiction.
Assisting 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:
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 KC 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 significant experience in public law 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 at the Court of Appeal. 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 recently spent three 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.
Examples of his recent instructions include the following:
During pupillage, Joshua assisted members of Chambers in a range of public law matters, including the following matters:
Joshua is experienced in matters which raise issues 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:
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.
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