Josh practices primarily in the crossover between Commercial and Public Law. He has advised the Bank of England, the Government of Jersey and financial institutions on high profile and high value sanctions matters. He also has experience of advising on Banking Resolution and Regulatory matters.
He also has particular expertise in Human Rights Law and is a member of the Equality and Human Rights Commission Panel of Counsel. He regularly appears in the High Court, Court of Appeal and Privy Council, both on his own and led by King’s Counsel in public law cases. His reported cases are listed below.
Josh has been instructed in the High Court, Court of Appeal and Privy Council in insolvency, regulatory, contractual, Chancery and commercial property matters. Before coming to the Bar, Josh worked in private equity and as such, has strong commercial awareness and an understanding of the needs of corporate and commercial clients.
Alongside public law matters relating to financial services and regulation, Josh regularly appears in the High Court in judicial reviews relating to homelessness, social care and the use of police powers. He also accepts instructions in respect of professional regulatory matters having successfully represented an accountant who had been struck off in both the High Court and the Court of Appeal.
Josh’s practice also incorporates the law of mental incapacity. He regularly appears in the Court of Protection in both Personal Welfare and Property and Financial Affairs disputes. He has a particular interest in cases involving abuse of incapacious adults and is the co-author of Forced Marriage Law and Practice.
Josh regularly appears in significant judicial review and Human Act 1998 claims as well as other Tortious claims against public bodies. He was instructed by a national charity in their application in intervene in the Supreme Court case of Miller v the Prime Minister  UKSC 41. He has acted in a number of significant cases and has a large number of reported cases for his year of call:
R (ZLL) v Secretary of State for Housing, Communities and Local Government  EWHC 85 (Admin)
R (OAO S) v Kent County Council JR/986/2021
R(OAO Tiemo) v Lambeth London Borough Council  EWHC 1193
R (OAO Awodola) v Association of Chartered Certified Accountants  EWHC 3059 (Admin)
R (Ncube) v Brighton and Hove City Council  A.C.D 57
Betaudier v Attorney General of Trinidad and Tobago  UKPC 7
R (OAO R) v Secretary of State for the Home Department  WLKUK 362
R (Robinson) v Buckinghamshire County Council and anor  EWHC 2014 (Admin)
Duncan and another v Attorney General of Trinidad and Tobago  UKPC 17
Josh has been instructed in the Privy Council on commercial and chancery matters. He has previously worked in Private Equity so has a strong commercial awareness and an understanding of the business needs of clients. He is currently instructed on an international commercial dispute before the Privy Council.
Maloo et al v Somar  UKPC 2016/0071
Appeared as led junior counsel in a contract case before the Judicial Committee of the Privy Council
Josh is currently instructed alone in the Court of Appeal, Employment Appeal Tribunal and a number of complex Employment Tribunal claims. He advises and represents both employers and employees on all employment law issues, but has a particular interest in discrimination claims.
St Mungo's Community Housing Association v Mr N Finnerty:  EAT 117
Josh spent several months on secondment in the adult social care legal department of a large local authority. He has an in depth knowledge of the Mental Capacity Act 2005 and the statutory duties of local authorities under the Care Act 2014 and related legislation. He regularly appears in the Court of Protection in both property and financial affairs proceedings and health and welfare proceedings. He appears for individuals, local authorities and the Official Solicitor.
Josh has advised extensively on sanctions compliance issues following Russia’s invasion of Ukraine. Recent instructions include advising the Government of Jersey on the sanctions implications of the sale of Chelsea FC, advising private clients on the compliance of high value M&A deals and advising on the sanctions implications of bank insolvency and regulatory regimes. When the sanctions regime was imposed, Josh was on secondment at the Bank of England and was co-opted into the Bank’s response to the imposition of sanctions by HMG. In this role, he developed a detailed understanding of the impact of sanctions on financial institutions and regulators.
Josh also has a strong Regulatory practice, he has appeared on behalf of Registrants against the General Dental Council and the Association of Chartered Certified Accountants. In the case of Awodola, Josh successfully challenged a refusal of ACCA to grant an oral re-hearing in both the Administrative Court and the Court of Appeal. He has also defended and prosecuted regulatory, planning and marine prosecutions.
Joshua Hitchens 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.
“He is really wonderful; he is imaginative and a really good team player. He is a real safe pair of hands.”
Administrative & Public Law, Chambers and Partners
"Very bright and imaginative barrister with a great future."
Administrative Law and Human Rights, Legal 500 2023
To find out more, contact Paul Barton on +44 (0)203 427 4907 or Ben Fitzgerald on +44 (0)203 758 4759 for a confidential discussion.
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