Joseph Mahon

Joseph’s commercial expertise has spanned breach of contract claims, banking and finance litigation, construction disputes, licensing and unlawful use of information disputes, telecoms disputes and civil fraud matters.

He is frequently instructed as sole counsel in complex commercial litigation and has represented clients throughout the High Court’s Business and Property Courts, both at first instance and on appeal.

Joseph is often instructed on urgent matters and has obtained urgent interlocutory injunctions to preserve material, property, and to prevent dissipation or destruction of assets.

Joseph is confident handling multi-track litigation, both in the Commercial Court and the County Court, and has been praised for his ability to handle matters well beyond his year of call.

Joseph’s work increasingly contains an international element, having recently advised and acted in matters engaging foreign process, foreign law, jurisdictional/forum disputes and cross-border enforcement.

Recent experience includes:

• Successfully defending a High Court appeal relating to unfair relationship and corporate liability for LPA receivers.
• Acting for an Estonian judgment creditor in contested enforcement proceedings in the Foreign Process Section of the KBD. Resisting the debtor’s objections to enforcement and obtaining a charging order over the debtor’s English property.
• Advising and acting for a judgment debtor in Commercial Court CPR 71 proceedings with a value of over £3million.
• Acting for an individual against a bridging loan provider in a multi-track dispute in the sum of £1.1m. Obtaining a finding of Unfair Relationship pursuant to the Consumer Credit Act 1974.
• Acting at trial for a financial services company in a breach of contract claim relating to the provision of tax services. Obtaining an indemnity costs order against the Defendant.
• Representing a construction firm in a three-day multi-track trial relating to the provision of faulty goods.
• Acting at trial for a financial services company in a breach of contract claim relating to the provision of tax services. Obtaining an indemnity costs order against the Defendant.
• Assisting in the advisory stage of a multi-million pound application to lift a stay of proceedings granted on forum non conveniens grounds.
• Advising a higher education provider in relation to a contractual dispute with a well-known English university.
• Advising a telecoms company in relation to a breach of contract dispute with an international law firm, raising issues of transferred loss.

Before joining Chambers, Joseph spent a year as a paralegal at a leading international law firm, where he worked on the largest competition law dispute in the English courts at the time. He also spent time at a start-up law firm, where he advised a range of SMEs and start-ups on their company law obligations.

Joseph acts both in corporate and personal insolvency proceedings, for office holders, companies and individuals.

He appears on an almost-weekly basis in the Insolvency and Companies Court, and is as adept handing urgent and time-sensitive applications as he is in disputed applications and trials. He has also acted for high profile clients where confidentiality is paramount.

Joseph has acted in a number of transaction avoidance cases, both bringing and defending claims relating to transactions at undervalue, to defraud creditors, or at preferences. He has acted across the range of applications to restrain presentation/advertisement of winding up petitions, in disputed—and often lengthy—petition hearings, and to set aside statutory demands. He is also familiar with administration applications, extensions, applications for appointment/discharge of liquidators, and the range of related applications made throughout insolvency processes.

Joseph has also acted in cross-border insolvency litigation, instructed by foreign office holders seeking to enforce judgments and/or have their powers recognised in England and Wales.

Joseph is also familiar with company law processes, including in relation to the conduct of directors, unfair prejudice, derivative claims, as well as various other related matters.

Recent experience includes:

• Acting for English trustees in bankruptcy seeking to set aside various French property transactions as transactions at undervalue/defrauding creditors. Obtaining permission to serve the bankrupt and respondent in France.
• Obtaining an order pursuant to s366 Insolvency Act 1986 that a high street bank produce documents and a witness statement attesting to certain matters arising from a long-running bankruptcy.
• Defending a firm of insolvency practitioners in the trial of a claim brought against them for alleged malpractice during a company’s CVL.
• Advising Swedish office holders in relation to an English freezing injunction.
• Acting for liquidators of a company in a contested application for an order for sale brought against former directors of that company. Obtaining the order for sale notwithstanding the subsequent bankruptcy of one of the directors.
• Acting for liquidators of a company in a contested rescission application.
• Obtaining a retrospective administration order, together with an extension to the administration period and orders (1) absolving the administrators of liability for certain of their actions during the retrospective period and (2) dispensing with liability to carry out certain actions going forward.
• Obtaining an order restraining advertisement of a winding up petition where allegations of fraud were made at the 11^th hour and where advertisement would pose serious reputational and commercial risk to the company.
• Across three hearings, obtaining an injunction to restrain presentation of a winding up petition, in a matter involving substantial and complex capacity issues. Persuading the court to grant the injunction notwithstanding its capacity concerns.
• Acting in proceedings seeking an interim order staying bankruptcy proceedings, in order to protect a debtor with a moratorium pending a vote on IVA proposals.

Joseph acts for individuals and corporates across a range of property matters.

Clients have praised Joseph’s ability to cut through to the key points, particularly in cross-examination, and to convey complex points simply and directly to judges.

Joseph is particularly adept in discrimination and public law matters, having acted in numerous multi-track possession claims raising complex disability issues. Before joining the Bar, Joseph obtained a masters in public law, which he utilises to his advantage where possible.

Recent highlights include:

• Acting for a commercial landlord of a central London nightclub, defending forfeiture proceedings that crossed over with corporate insolvency.
• Acting for a housing association in a three-day possession claim, where disabilities crossed over with capacity issues and where the Defendant’s vulnerabilities required particular care in court.
• Successfully defending a council in a disrepair claim, including obtaining a finding that the Claimant’s expert was unreliable, the report unsound, and its conclusions “highly concerning”. Obtaining an indemnity costs order in light of the Claimant’s conduct throughout the proceedings.
• Both prosecuting and defending mortgage possession claims, including at trial, and particularly where the arguments raised cross over into credit-based, commercial matters.
• Acting for an intermediary leaseholder in a three day service charge trial in the property tribunal, challenging service charges in the region of £120,000.
• Acting for a leasehold tenant, settling a defence to unlawful sub-letting proceedings. Relatedly, advising on privity of contract, privity of estate, and the emergence of new tenancies.
• Acting for a range of private and social landlords in possession and demotion proceedings, including in relation to forfeiture, as well as applications to suspend/set-aside.

• University College London (UCL), Master of Laws (LLM): Distinction – distinction in every module, ranked among the top of his year, dissertation published
• BPP University, BPTC: Very Competent
• BPP University, GDL: Distinction
• Edinburgh University, Theology (MA (Hons))

• Lincoln’s Inn: Lord Denning Scholarship; Accommodation Award
• BPP University: Advocacy Scholarship, BPTC

Joseph has published articles for the UCL Journal of Law and Jurisprudence (‘Humanitarianism within Statist Boundaries: a systemic interpretation of Art. 1F Refugee Convention in light of terrorist concerns’, Vol 8(2), 2019), the Lincoln’s Inn Student Law Journal (‘Religion in the Balance: Constitutionalism, Autonomy and Identity in the CJEU’, 2019), and on the website Keep Calm Talk Law.

He has also spent time abroad, working with the leading women’s rights organisation in Palestine. While there, he assisted in submissions to UN Treaty Bodies and wrote speeches that were delivered at the UN Human Rights Council in Geneva. He later acted as a consultant for the organisation in a similar capacity.

Before converting to law, Joseph gained notable financial experience, principally in the investment trust section of a leading market-making firm.

Click here for Joseph’s Privacy Notice