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Joshua is an Associate Director in the Dispute Resolution department and the Vice President of the Isle of Man Law Society.
Joshua is an Associate Director in the Dispute Resolution team.
Joshua qualified as a Solicitor Advocate (England and Wales) with Higher Rights of audience in 2015 before returning to the Island to requalify as an Advocate.
Joshua is a highly regarded trial advocate with a wealth of expertise in employment, commercial (commercial disputes and insolvency), contentious trust and property disputes and related regulatory matters.
Joshua has extensive experience in civil trial and numerous interlocutory applications. Joshua is experienced in all aspects of commercial disputes having advised on contractual disputes, including debt recovery, sale and supply of goods and services, breaches of directors’ duties through to insolvency and winding up proceedings.
Joshua is regularly instructed on behalf of landlords and tenants in proceedings involving forfeiture and dilapidations appearing in court on a frequent basis. In addition to his usual practice in this area, Joshua has also dealt with matters concerning the Agricultural Holdings Act 1969. Joshua is familiar with this area and able to advise on disputes arising from tenancies over agricultural land and in particular understands the practical implications having been an NFU panel solicitor during his time in practice in the UK.
Joshua has a growing reputation in his employment practice, and represents either employees or employers in discrimination cases, and claims concerning unfair dismissal and contractual breaches. He has been recognised in the Legal 500 as a rising star in this area.
Joshua regularly advises clients who are regulated by the Isle of Man Financial Services Authority (FSA) and in particular those who are regulated to provide Corporate Services, Collective Investment Schemes, and Trust Services.
Joshua is the Vice President of the Isle of Man Law Society Law Council which regulates the Advocates on the Isle of Man, having been a member of Council since 2023.
Some notable cases in which Joshua has recently acted in include:
- Stevens v Davies – 2022 unreported Staff of Government Appeal
A recent Appeal following an unsuccessful Application for the rectification of the Status Quo. - Martin Webb v Raymond and Hillary – 2022 unreported High Court matter
Successfully acted for the Defendants in their Counterclaim for ownership of land of historical interest in Dalby; a World War two bunker. This is believed to be the first case before the High Court to successfully
rectify and error on the title register pursuant section 65(1) of the Land Registration Act 1982 with reference to sub-section 65(3).
Press coverage: https://www.iomtoday.co.im/news/courts/land-dispute-over-a-second-world-war-bunker-556795 - The Estate of Harvey v Harvey and Otrs – 2022 unreported High Court matter Successfully acted for the Defendants in their Counterclaim for (i) Constructive Trust, (ii) proprietary estoppel and (iii) Protected Tenancy under the Agricultural Holdings Act 1969.
- MRP International Ltd & Otr v Maciver & Otr (Ord) [2021] MLR N-12
A recent case on setting aside default costs certificates. - Pye v Douglas Borough Council (EET) 2021 N-11
Successfully acted for the Complainant in a high profile claim for unlawful deductions under the Employment Act 2006.
Press coverage: https://www.bbc.co.uk/news/world-europe-isle-of-man-56510463 - Mark Versluijs v Department of Home Affairs (Fire and Rescue Service) – unreported EET
Successfully acted for the Complainant in a high profile claim for unfair dismissal following protected disclosure
Employment Act 2006.
Press coverage: https://www.iomtoday.co.im/news/999/firefighter-cleared-of-monkey-chant-racism-233849 - Tekinvest Limited v Commercial Facilities Limited and Others – Successfully defending the directors of Commercial Facilities Limited in a claim in respect of their alleged liability as the company’s agent for inducing a breach of contract by their company. This is the first case where the principles Said v Butt [1920] 3 KB 497 appear to have been addressed by the Isle of Man High Court.
- Paul Allen and Paul Atkinson as Joint Trustees in Bankruptcy of the Insolvent Estate of Jacobus Adriaan Paulsen (Deceased) v Zedra Trust Company (Isle of Man) Limited as Trustee of the Eldoriange Trust – Assisting Mark Emery in substantive proceedings issued in the Isle of Man High Court by English bankruptcy trustees of the deceased settlor’s Estate (allegedly insolvent to the value of £40 million) seeking documentation from the trustee concerning an Isle of Man trust. The judgment is a rare example summarising how section 366 of the English Insolvency Act and English common law concerning the operation of the same can be directly applied in the Isle of Man, and in particular, confirms that a “categories” based order for the production of classes of documents to English bankruptcy trustees is typically a more appropriate and usual form of order.
- Zedra Trust Company (Isle of Man) Limited As Trustee of the Eldoriange Trust – Assisting Mark Emery in successfully obtaining on an urgent basis the blessing by the Isle of Man High Court of a momentous decision by the trustee (pursuant to section 61 of the Trustee Act 1961) and beddoe relief in respect of responding to related court proceedings issued in the Isle of Man High Court by foreign bankruptcy trustees of the deceased settlor’s Estate (allegedly insolvent to the value of £40 million) seeking information from the trustee concerning an Isle of Man trust.
