Photo of Joseph Sullivan

Joseph Sullivan

Call 2006

jsullivan@2tg.co.uk

+44 (0)20 7822 1200

"Absolutely terrific ...."

Legal 500 2017

Practice Overview

Joe specialises in commercial law including professional negligence, banking and finance, property damage and employment law. He appears regularly in the High Court and the Court of Appeal for both claimants and defendants both as sole counsel and junior counsel.

Most recently he has appeared as junior counsel for the claimant insurer in the Court of Appeal in AmTrust Europe Ltd  v Trust Risk Group [2015] 2 Lloyd’s Rep 154 (instructed by Clyde and Co LLP), a case concerning a contract with an Italian broker. The claim involves disputes over jurisdiction and the circumstances in which the High Court may grant an anti-arbitration injunction to restrain foreign arbitral proceedings. As sole counsel he is acting for the defendant in the Court of Appeal in Cunliffe v Prometric (instructed by Allen and Overy LLP) in proceedings regarding the approach the Court should take to analysing an alleged oral contract.

Banking & Finance

Joe is instructed to advise, draft pleadings and appear as an advocate across a broad spectrum of banking and finance and commercial work. He has particular interest in and experience of claims involving agency, trusts, FSMA and restitutionary remedies as well as claims involving directors’ duties and personal liabilities.

 

Examples of cases:

 

  • Stokors v IG Markets [2013] EWHC 631 (Comm) – Acted for Defendant CFD provider in €100m Commercial Court claim in dishonest assistance and unconscionable receipt arising out of the collapse of a Scottish brokerage.
  • Mploy Group Limited v Denso Manufacturing Limited (2013 – ongoing) – Acting for Claimant recruitment agency in Commercial Court breach of contract claim involving the impact of the Agency Worker Regulations.
  • A v B, C & D (2013 – ongoing) – Acting for Claimant in High Court claim for breach of confidence and restrictive covenants.
  • Various Commercial Court and Chancery Division financial mis-selling claims – (2012 – ongoing)
  • Shah v HSBC Private Bank (UK) Limited  [2012] EWHC 1283 (QB) – Acted for Claimant in $330m QBD claim for breach of contract arising out of SARs made by HSBC Private Bank pursuant to Part VII Proceeds of Crime Act 2002. First case to proceed to trial on this issue.
  • International Classical Artists Limited v Dudamel & Newbanks (2011-2012) – Acted for Claimant artist management agency in a QBD claim against a client and former employee for breach of contract and inducing breach of contract.
  • Barks v Instant Access Properties Limited & others (2011) – Acted for Defendant director of a company offering property purchasing advice in a QBD claim for deceit and conspiracy. Successfully applied for claim to be struck out as against client.
  • Greenglade Estates Limited v Chana & Strettons Limited (2011) – Acted for a firm of auctioneers in defence of a High Court claim for breach of mandate brought by a property purchaser alleging identity fraud.
  • Re JT Frith Limited (2011) – Acted for a shareholder/director in a High Court dispute over whether he can oblige the security trustee of a floating charge to relinquish the security and whether he can then participate in the prescribed part of the insolvent company’s assets.
Commercial Fraud

Joe is instructed to advise, draft pleadings and appear as an advocate in a range of commercial matters in the High Court and the County Court, at trial and at the interim remedy stage. He has particular interest in and experience of claims involving agency, financial services and restitutionary remedies, as well as claims involving directors’ duties and personal liabilities.

Joe has a growing commercial fraud practice, including claims involving various economic torts and, in particular, conspiracy claims.

 

Examples of cases (see also professional negligence cases):

 

  • Acting for a defendant director of a company offering property purchasing advice in a High Court claim for deceit and conspiracy: 2011 –ongoing.
  • Acting for an artist management agency in a claim in the High Court against a client and former employee for breach of contract and inducing breach of contract: 2011 – ongoing.
  • Acting for a firm of auctioneers in defence of a High Court claim for breach of mandate brought by a property purchaser alleging identity fraud: 2011 – ongoing.
  • Acting in a £50,000 County Court claim concerning the interpretation of a share sale agreement: 2011 – ongoing.
  • Acting for a defendant company in High Court proceedings brought by a recruitment agency involving the disputed construction of a contractual term: 2010 – ongoing.
  • Acting for a shareholder/director in a High Court dispute over whether he can oblige the security trustee of a floating charge to relinquish the security and whether he can then participate in the prescribed part of the insolvent company’s assets: 2010 – ongoing.
Professional Negligence

Joe’s professional negligence practice spans a wide range of professions, including solicitors, financial advisors, accountants, barristers, auctioneers, surveyors, builders, insurance brokers and mortgage advisors. He acts for both claimants and defendants.

 

Examples of recent cases:

 

  • Acting for a firm of surveyors in defence of a £1.9 million High Court claim for negligent overvaluations:  2013 – ongoing.
  • Acting for defendant solicitors in a High Court claim for negligence arising out of advice regarding a share sale: 2013 – ongoing.
  • Acting for defendant insurance broker in substantial claim for breach of contract and fraud: 2013 – ongoing.
  • Acting for solicitors defending a High Court claim for negligence in connection with a property transaction – 2012.
  • Acting for an electrician in defence of a £2 million High Court claim arising out of a fire: 2012 – ongoing.
  • Acting for a firm of surveyors in defence of a High Court claim for negligent overvaluations. Significant issues of contributory negligence on the part of the lender: 2012.
  • Acting for a firm of solicitors in a High Court claim for negligent property law advice involving an alleged equitable charge and a Pt 20 claim against the seller: 2011 – ongoing.
  • Acting for a claimant in a High Court claim under FSMA for negligent financial investment advice and for breach of fiduciary duty: 2010 – ongoing.
  • Acting for a private individual in a claim against his solicitors for negligence in respect of enforcement of various costs orders in his favour: 2010 – ongoing.
  • Acted for an insurance broker in defence of a High Court claim for negligence in the placement of a policy under which cover was repudiated following a fire at the claimant’s premises. The claim involved multiple parties and numerous Pt 20 claims along the chain of brokers: 2010.
  • Acted for a firm of surveyors in a claim for negligence and breach of confidentiality involving development property: 2010.
  • Acted for a mortgage advising company in a High Court claim for negligence in which the claimant alleges that the defendant company had a duty to ensure that a joint mortgage was in each mortgagor’s best interests and that neither mortgagor was exerting undue influence on the other: 2009–2010.
  • Acted for the defendant valuer in High Court proceedings brought by a mortgage lender in respect of a negligent valuation of commercial property: 2009.
  • Acted pre-action for a defendant firm of solicitors in a proposed action (which settled prior to proceedings being commenced) in a claim for £1.2M concerning whether an option to purchase land constituted a contingent liability and liability for tipping off a third party that the option was imminently to expire: 2009.
Employment

Joe acts for both claimants and respondents across a wide range of employment practice, in the employment tribunal, the High Court and the appellate tribunals. In addition, he has recently given seminars on restrictive covenants, confidential information and TUPE.

Recent cases include:

 

  • Singapore Airlines v Casado UKEAT/0386/13 (September 2013) – an appeal regarding the test for disability under the Equality Act 2010.
  • AB v CD, EF, GH, ZY  LTL 7/11/2013 – (September 2013) a whistleblowing claim involving allegations of sexual harassment, embezzlement and drug use, including consideration of the principles applicable to restrictive reporting orders.
  • Croydon Health Services v Brown UKEAT/0601/11 (April 2013) – an appeal on unfair dismissal and substitution of view.
Property Damage

Joe has a property damage practice split between claimant and defendant work. He has extensive experience of claims involving fires, floods and subsidence, as well as claims under the Defective Premises Act and Party Walls Act.

 

Examples of recent cases:

 

  • Acting for insurer in TCC  claim in respect of flooding caused by blocked culvert – 2013 ongoing.
  • Acting for claimant freeholder in TCC claim under the Party Wall Act – 2013 ongoing.
  • Acting for a water company in respect of a claim for damage to its pipes arising out of construction work to bridge over a highway – 2013 ongoing.
  • Acting for a defendant electricity company in a TCC claim arising out of a fire caused by allegedly faulty replacement/installation of metering equipment – 2012 ongoing.
  • Acting for a defendant building company in a TCC claim under the Defective Premises Act – 2012 ongoing.
  • Acted for an insurer (as claimant) in a High Court fire damage claim: 2011 – 2013.
  • Acted for an insurer (as claimant) in a claim for tree-root subsidence damage involving disputed causation between experts: 2011 – 2012.
  • Acted for an insurer in a claim for tree-root subsidence damage involving a dispute as to foreseeability: 2011 – 2012.
  • Acted for a water company in a claim for damage to its pipes caused by an electricity company conducting works on the underground electricity lines: 2011.
Commercial Dispute Resolution

Joe is instructed to advise, draft pleadings and appear as an advocate across a broad spectrum of banking and finance and commercial work. He has particular interest in and experience of claims involving agency, trusts, FSMA and restitutionary remedies as well as claims involving directors’ duties and personal liabilities.

 

Examples of cases:

 

  • Stokors v IG Markets [2013] EWHC 631 (Comm) – Acted for Defendant CFD provider in €100m Commercial Court claim in dishonest assistance and unconscionable receipt arising out of the collapse of a Scottish brokerage.
  • Mploy Group Limited v Denso Manufacturing Limited (2013 – ongoing) – Acting for Claimant recruitment agency in Commercial Court breach of contract claim involving the impact of the Agency Worker Regulations.
  • A v B, C & D (2013 – ongoing) – Acting for Claimant in High Court claim for breach of confidence and restrictive covenants.
  • Various Commercial Court and Chancery Division financial mis-selling claims – (2012 – ongoing)
  • Shah v HSBC Private Bank (UK) Limited [2012] EWHC 1283 (QB) – Acted for Claimant in $330m QBD claim for breach of contract arising out of SARs made by HSBC Private Bank pursuant to Part VII Proceeds of Crime Act 2002. First case to proceed to trial on this issue.
  • International Classical Artists Limited v Dudamel & Newbanks (2011-2012) – Acted for Claimant artist management agency in a QBD claim against a client and former employee for breach of contract and inducing breach of contract.
  • Barks v Instant Access Properties Limited & others (2011) – Acted for Defendant director of a company offering property purchasing advice in a QBD claim for deceit and conspiracy. Successfully applied for claim to be struck out as against client.
  • Greenglade Estates Limited v Chana & Strettons Limited (2011) – Acted for a firm of auctioneers in defence of a High Court claim for breach of mandate brought by a property purchaser alleging identity fraud.
  • Re JT Frith Limited (2011) – Acted for a shareholder/director in a High Court dispute over whether he can oblige the security trustee of a floating charge to relinquish the security and whether he can then participate in the prescribed part of the insolvent company’s assets.