Charles Joseph

Overview

Charles Joseph is a chancery barrister whose practice covers property, trusts, wills and probate, commercial work, partnerships, directors’ duties, disqualification proceedings and minority shareholders’ rights as well as related areas of tort and professional negligence. His work encompasses both contentious and non-contentious matters.

Charles is regularly instructed on behalf of corporate bodies, partnerships, LLPs and individuals including trustees, executors and beneficiaries, and by firms of solicitors ranging in size from very large to sole proprietors. Professional Access (eg from surveyors, engineers etc) and Public Access instructions are also accepted.

He appears before courts at all levels and before arbitral and other tribunals including disciplinary tribunals. Charles is known for his clear and straightforward advice based on a keen and experienced appreciation of what is likely to be practical and commercial.

He is also a sometime legal assessor to the General Optical Council and panel member of the Bar Disciplinary Tribunal.

He is a Fellow of the Chartered Institute of Arbitrators and sits as an arbitrator. He also accepts instructions to act as mediator.

Real property

Charles has considerable experience in a wide range of real property work including land registration, conveyancing transactions, trusts of land, proprietary estoppel, easements, boundaries, trespass, adverse possession, party walls, and the enforcement, variation and discharge of freehold covenants.

Landlord & tenant

Charles deals with the full range of Landlord and Tenant law including dilapidations, forfeiture, 1954 Act renewals, break clauses, service charges, rent reviews, possession claims, enfranchisement and lease extensions and breach of covenant claims.

Wills, trusts & probate

Charles has wide ranging experience of both contentious and non-contentious work including intestacy, fiduciary duties, the administration of estates, the removal and appointment of trustees and personal representatives, capacity, duress and undue influence, want of knowledge and approval, claims under the Inheritance (Provision for Family and Dependents) Act 1975 and the Trusts of Land and Appointment of Trustees Act 1996, all forms of estoppel, restitution, and equitable remedies such as rectification, rescission, equitable accounting and specific performance.

Commercial

Charles’s business and commercial work includes disputes about partnerships, joint ventures, overage agreements, franchises, agency, construction contracts, company issues such as directors’ duties, shareholder disputes, the conduct of meetings, and unfair prejudice petitions, secured lending, and all forms of contractual and commercial disputes including the sale and supply of goods and services, misrepresentations, discharge of performance, breaches of warranty and/or condition, and economic and other torts.

Publications

Contributor, Service Charges & Management (Sweet & Maxwell) all editions including the 5th edition
Contributor, Building Safety Act 2022, A Guide for Property Lawyers (The Law Society)