Year of Call: 2014

Inn: Lincoln’s Inn

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Joss specialises in real estate matters, and has extensive experience of both commercial and residential landlord and tenant matters. As well as appearing on behalf of both landlord and tenants in lease renewal claims under the 1954 Act; possession claims; and claims under the dilapidations protocol.

Joss also acts in a wide variety of residential property matters including boundary disputes, claims under the Trusts of Land and Appointment of Trustees Act 1996 and claims for easements.

His recent caseload includes:

  • C v G (2017) – a dispute as to the effect of a local authority signing, but not exchanging, an engrossed counterpart lease.
  • W v M (2017) – a dispute arising upon the termination of a tenancy as to whether there had been an implied surrender and re-grant or whether the tenancy had simply been varied.
  • D v B (2017) – advised in relation to an application for a statutory lease renewal under the Leasehold Reform, Housing and Urban Development Act 1993. The case also considered the applicability of the principles of waiver and estoppel.
  • H v W (2017) – a two-day trial in which Joss successfully defended his clients in dispute with their neighbours, including, inter alia, a claim under the Protection from Harassment Act 1997.
  • Advising in a long-running dispute between neighbouring farmers involving allegations of trespass, interference with easements and the applicability of the rule in Rylands v Fletcher.
  • H v R (2017) – Joss acted for the defendant at trial in a claim seeking a beneficial interest in a property in central London worth in excess of £1m on the basis of a common intention constructive trust and/or resulting trust.
  • Yardley v Portlock (Bristol County Court – 2017) – a two-day trial where Joss was successful in ensuring an application for an easement on the basis of prescription and/or s.62 of the Law of Property Act 1925. The parties occupied their respective properties as long-leaseholders but owned the freehold title to the other’s property in a ‘criss-cross’ arrangement.
  • K v E (2017) – Joss successfully defended a claim in the Leasehold Valuation Tribunal.
  • C v T (2017) – Joss appeared for the claimant in a multi-track trial in the Chancery Division of the Bristol District Registry who was claiming an interest in the property of his deceased partner on the basis of common intention constructive trust and/or proprietary estoppel. Awaiting judgment.
  • Defending, on the basis of resulting trust and/or proprietary estoppel, a possession claim brought by the step-father of the defendant’s deceased husband.

Professional memberships:

  • Chancery Bar Association

Qualifications & awards:

  • BA Hons, Philosophy and Theology, Jesus College, University of Oxford.
  • Lord Denning Scholarship, Lincoln’s Inn
  • Lord Haldane Scholarship, Lincoln’s Inn
  • Hardwicke Entrance Award, Lincoln’s Inn
  • Sankey Scholarship, Jesus College, University of Oxford

Additional information:

Prior to pupillage Joss worked variously as a teacher in Moscow; a chef in a double Michelin-starred restaurant; and as a paralegal for OSG solicitors, where he worked exclusively on First Subsea Ltd v Balltec Ltd & Ors [2014] EWHC 866 (Ch). This landmark case was the subject of a 25-day trial in the High Court and involved allegations of breach of fiduciary duty, conspiracy to injure by unlawful means and patent infringement.

Joss grew up in the Lake District and enjoys hiking, cooking and going to the theatre. He is a keen squash player, an enthusiastic cricketer, and an adequate tennis player. He occasionally goes running out of a sense of obligation rather than any real enjoyment.