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Barristers

Joseph Curl

Overview

Joseph Curl specialises in commercial Chancery, with the emphasis on insolvency. He also practises in the areas of banking and financial services, civil fraud, mortgages, real property and landlord and tenant.

Chambers UK Bar Guide has identified Joseph as a leading individual in Restructuring and Insolvency since 2011. Chambers UK Bar Guide 2014 describes him as:
"A busy junior with a growing reputation in the restructuring and insolvency market. Praised for his technical acumen, he regularly acts for lenders and insolvency practitioners.

Expertise: 'Has a highly collaborative approach to his work; he is flexible, responsive and a pleasure to work with.' 'He has a fantastic legal brain, and displays excellent attention to detail and sound judgement.'"
Chambers UK Bar Guide 2013 stated:
"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.'"
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 reported cases

Relfo Ltd (in liquidation) v Varsani
[2014] EWCA Civ 360, [2014] All ER (D) 59 (Apr)
Joseph (led by Peter Shaw) represented the successful respondent in this equitable tracing and unjust enrichment claim. In a landmark judgment, Arden LJ departed from orthodox proprietary tracing principles and held that in order to trace money into substitutes it was not necessary that the payments should occur in chronological order.
Hellard and Wade (trustees of Mireskandari) v (1) Chadwick (trustee of Tehrani) (2) Jami Tehrani
[2014] BPIR 163
Trustees in bankruptcy commenced transaction at undervalue proceedings against another trustee in bankruptcy. Joseph successfully persuaded the court that the claim constituted a debt provable in the respondent bankruptcy estate and that it was appropriate that the proceedings be stayed.
Bramston v Riaz
[2014] BPIR 42
A rare reported use of s.342(1)(b) of the Insolvency Act 1986. The court declared that assets represented "the application" of a transaction at an undervalue and ordered that they be vested in a trustee in bankruptcy without further order. Joseph represented the successful trustee.
Credit Lucky Ltd v National Crime Agency
[2014] EWHC 83 (Ch), [2014] All ER (D) 235 (Jan) View decision
The director of a money transfer company believed to have been used by organised criminals to launder the proceeds of crime to China applied to rescind a winding up order. Barling J dismissed the application. Joseph represented the company's liquidator.
Re Harvest Finance Limited (in liquidation)
[2013] BPIR 1020
Detailed consideration of the jurisdiction to order disclosure against a company's former solicitors under sections 234 and 236 of the Insolvency Act 1986 in circumstances where a strong prima facie case of fraudulent conduct is established. Joseph represented the successful liquidators.
Hellard v Kapoor
[2013] EWHC 2204 (Ch), [2013] EWHC 2496 (Ch), [2013] BPIR 745 View decision
Joseph represented the successful trustee in bankruptcy in this fiercely contested application to suspend discharge, which raised complex issues concerning purported family trusts. Indemnity costs were awarded to Joseph's client.
Arif v Anwar
[2013] EWHC 624 (Fam), [2013] BPIR 389 View decision
The applicant wife challenged as shams trust arrangements between the husband and his son. Joseph successfully resisted an attempt by the husband and son (each separately represented by leading counsel) to exclude the husband's trustee in bankruptcy from the proceedings.

Selected publications

TOUSA: Reckless Restructuring
Corporate Rescue and Insolvency 2013, 6(1), 15

Bankrupting personal guarantors: recent developments
Insolvency Intelligence 2012, 25(2), 17-22

Challenging the trustee's remuneration: a new right for bankrupts?
Insolvency Intelligence 2011, 24(1), 5-10

The Spouse v the Creditors: A Turn Against Creditors?
Insolvency Intelligence 2010, 23(6), 81-87

"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

Professional memberships

Chancery Bar Association
Proceeds of Crime Lawyers Association
Insolvency Lawyers Association

Qualifications

LLB (1st Class Honours) (London) - Law - 2006
BA (1st Class Honours) (London) - Politics, Philosophy & History - 2003

Scholarships and Prizes

Wolfson Pupillage Scholarship - Lincoln's Inn 2007
Lord 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
Practice Areas
  • Corporate insolvency
  • Personal insolvency
  • Banking and mortgages
  • Real property
  • Landlord and tenant
  • Professional discipline, negligence and regulation
Leading Individual

Call: 2007
BA, LLB


Click here for printable cv

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.
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Tel: +44(0)20 7404 5055     Fax: +44(0)20 7405 1551     Email: clerks@9stonebuildings.com

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