  |
| Home About Us Barristers Practice Areas Admin Decisions News & Publications Education Recruitment Contact |
Joseph CurlOverviewJoseph Curl specialises in commercial Chancery, with the emphasis on insolvency both corporate and personal. He also practises in the areas of banking and mortgages; real property; landlord and tenant; and professional negligence, discipline and regulation.He has appeared at every level of domestic civil court, including addressing argument to the Supreme Court of the United Kingdom. Chambers UK Bar Guide has identified Joseph as a leading individual in restructuring and insolvency for several years. Chambers UK Bar Guide 2013 describes him as: "The 'incredibly user-friendly' Joseph Curl... a corporate and individual insolvency specialist who is described as 'good news - he has buckets of enthusiasm, is quick with his paperwork and effective in all he does.'"Chambers UK Bar Guide 2012 stated: "Joseph Curl 'is calm under pressure and has an excellent eye for detail.' He is 'able to understand complex issues with little effort and spots the commercial angle quickly.'"Chambers UK Bar Guide 2011 commented that he: "is commended for his 'technical excellence'. He is 'very thorough and quick to respond.'"Between 2001 and 2007, Joseph worked full-time in the insolvency department of DLA Piper UK LLP while carrying out both his BA and LLB degrees part-time. He is also a tutor in Equity and Trusts at Birkbeck, University of London. Recent casesHarvey v Dunbar Assets plc[2013] BPIR 66 Joseph acted successfully for the lender at first instance and on appeal to the Chancery Division. The appeal considered whether a personal guarantee could be enforced despite an allegation that a co-guarantor’s signature was forged.Dunbar Assets plc v Fowler [2013] BPIR 46 A personal guarantor resisted a bankruptcy petition on the basis that the guarantee did not give rise to a petitionable debt. Joseph represented the successful lender. It is the only reported authority on r.6.12(7) of the Insolvency Rules 1986 concerning delay between demand and petition.Relfo Limited (in liquidation) v Bhimji Velji Jadva Varsani [2012] EWHC 2168 (Ch), [2012] All ER (D) 12 (Aug) View decision Claims arising from knowing receipt and unjust enrichment in which Joseph (led by Peter Shaw) appeared for the successful liquidator. Sales J’s decision addresses important points for those seeking to trace the proceeds of fraud in equity where the funds have been laundered. Joseph made oral submissions on the laundering aspects of the claim and cross examined the defendant at trial.R (Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1, [2011] 2 AC 146, [2011] 2 WLR 103, [2011] 2 All ER 1, The Times 31 January 2011 View decision Joseph made oral submissions (reported at [2011] 2 AC 146; 149B-E; 150E-F) to the Supreme Court on each of the points on which the appellant succeeded, opposed by Michael Beloff QC for the respondent. The Supreme Court unanimously allowed the appellant's appeal and found that a second set of disciplinary proceedings was barred on the basis of res judicata.(1) Haig (2) Shires (3) Lewis (4) Platinum Developers Ltd (in administration) v Beasant LTL 6/8/2010 A novel application by receivers for a declaration that a director had no beneficial interest in a lease granted prior to a company's insolvent administration. Confirmed that a party seeking to rely on the Duomatic principle must prove that the company was solvent at the relevant time.Hooper (trustee in bankruptcy of Chowdhary) v Duncan Lewis (Solicitors) Limited [2010] BPIR 591 Dealt with the correct approach to a trustee in bankruptcy's application for disclosure against third parties. Addressed the relationship between legal professional privilege and third party disclosure under the insolvency regime.Varsani v Relfo Limited (in liquidation) [2010] EWCA Civ 560, [2011] 1 WLR 1402, [2010] 3 All ER 1045, [2011] 1 BCLC 71 View decision This Court of Appeal decision is the leading authority on the meaning of “usual or last known residence” for the purposes of service. Joseph was led by Guy Newey QC (now Mr Justice Newey) at first instance ([2009] EWHC 2297 (Ch), [2009] All ER (D) 30 (Oct)) and by Peter Shaw in the Court of Appeal.Parkinson Engineering Services PLC (in liquidation) v Swan [2010] Bus LR 857, [2010] BPIR 437, [2010] PNLR 17, [2010] 1 BCLC 163, The Times 13 January 2010 View decision Led by Peter Shaw in this Court of Appeal decision concerning whether a negligence claim against administrators should be amended where the limitation period had expired.New v Gromore Limited [2010] 1 P & CR D50, [2009] All ER (D) 81 (Nov) View decision Trespass to land and wrongful interference claim arising from the unauthorised demolition of a distinguished sculptor's premises containing valuable works of art.Penfold v Fuller [2009] All ER (D) 312 (Oct) View decision Determined the correct interpretation of "the claimant" for the purposes of the Civil Proceedings Fees Order 2008 and CPR rule 3.7. PublicationsBankrupting personal guarantors: recent developmentsInsolvency Intelligence 2012, 25(2), 17-22 Lessons Learned: a round up of recent cases Trust Quarterly Review 2011, 9(4), 4-11 A round-up of recent cases Trust Quarterly Review 2011, 9(2), 29-33 Challenging the trustee's remuneration: a new right for bankrupts? Insolvency Intelligence 2011, 24(1), 5-10 A round-up of recent cases Trust Quarterly Review 2010, 8(4), 26-32 The Spouse v the Creditors: A Turn Against Creditors? Insolvency Intelligence 2010, 23(6), 81-87 A round-up of recent wills and trust cases Trust Quarterly Review 2010, 8(2), 24-30 "Use it or lose it": section 283A after Lewis v Metropolitan Insolvency Intelligence 2010, 23(5), 74-76 A purposive approach to the rule against foreign revenue enforcement International Corporate Rescue 2010, 7(2), 137-139 Who can apply to rescind a winding-up order? Insolvency Intelligence 2009, 22(10), 145-147 A round-up of recent wills and trust cases Trust Quarterly Review 2009, 7(4), 31-34 QualificationsLLB (1st Class Honours) (London) - Law - 2006BA (1st Class Honours) (London) - Politics, Philosophy & History - 2003 Scholarships and PrizesWolfson Pupillage Scholarship - Lincoln's Inn 2007Lord Denning Major Scholarship - Lincoln's Inn 2006 Hardwicke Entrance Scholarship - Lincoln's Inn 2005 Cavendish Prize for Best Law Degree - Birkbeck, University of London 2006 Helena Kennedy Prize for Best Dissertation - Birkbeck, University of London 2006 Wildy's Bookshop Prize for Tort - Birkbeck, University of London 2005 Pearson Publication Prize for Contract - Birkbeck, University of London 2004 Ede & Ravenscroft Prize - Birkbeck, University of London 2002 |
|
| Joseph Curl is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 51595); whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardsboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref BM 2930/056) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 938 9512 78); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com. |
 |
Tel: +44(0)20 7404 5055 Fax: +44(0)20 7405 1551 Email: clerks@9stonebuildings.com Barristers' Chambers, 9 Stone Buildings, Lincoln's Inn, London, WC2A 3NN, United Kingdom © 2013 9 Stone Buildings :: home :: about us :: barristers :: practice areas :: administration :: recent decisions :: :: news & publications :: education & seminars :: recruitment :: contact us :: disclaimer :: |
 | |