"Hugely persuasive advocate...really turned things around when it seemed the case was already pre-decided."
"Complete mastery of the facts...made the lay client feel absolutely confident and at ease."
"Superb attention to detail without losing focus on the bigger picture."
Joseph recently appeared in the Tribunal as sole counsel for the Appellant taxpayer in an important test case on the tax deductability of travelling expenses for private medical consultants, which is estimated to affect over 70,000 taxpayers and may have even wider application to all self employed persons who carry out part of their business from home.
W&R Buxton Homes Ltd and W&R Buxton Contracting Ltd v Ors. Claim no 8415 of 2012 Companies Court (unrep).
Joseph successfully obtained rectification in the context of incorrectly implemented tax planning arrangements, avoiding a large and unanticipated tax charge.
Joseph advises and litigates in respect of all forms of company and partnership law matters, including reconstructions, reductions of capital, share and debt issues, shareholder and member disputes, buy-outs and buy-ins, unfair prejudice claims (often known as s.459 or s.994 claims), dissolution, the construction of partnership deeds and shareholder agreements, and the application of various valuation rules. He can also assist with wrongful and fraudulent trading actions and directors disqualification proceedings.
Joseph has experience in the full range of traditional and commercial chancery matters, including landlord and tenant, (residential and business), mortgages, guarantees, conveyancing, Inheritance Act claims, Probate, Will construction and rectification, boundary disputes, party walls, joint property disputes, professional negligence, commercial contracts and disputes, building disputes and proprietary and promissory estoppel claims. He regularly deals with complex trust matters including constructive trusts (particularly in a commercial context), settlements with an offshore element, and civil law entities such as Anstalt, Stiftung and other foundations. He has experience in a wide variety of claims under the Part 7 and Part 8 procedures, and applications of all kinds including interlocutory injunctions, vesting and rectification orders and costs applications, including detailed assessment. He can also advise and assist with all procedural issues. Joseph regularly appears in the High Court and so is very familiar with the potential minefield of Chancery practice.
Joseph advises and litigates in respect of all corporate, partnership and personal insolvency matters. He has particular experience in assisting clients resisting insolvency and its effects, contested winding up and bankruptcies, validation orders, bankruptcy annulment and court restoration proceedings. He regularly works with IPs and accountants to assist insolvent companies to achieve agreement to IVA, CVA and PVA, particularly in negotiations with HMRC as principal creditor.
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