Joe McBrien > Chambers of Rachel Sleeman > London, England > Barrister Profile

Joe McBrien

Position

Joe joined Five Paper in October 2020 after the successful completion of his pupillage and he is building a busy commercial chancery practice. Joe is an experienced advocate with both trial and appellate experience.

Joe is a co-contributor to the 2022 edition of Atkin’s Sale and Supply of Goods and Services. In November 2020, he was appointed to the Attorney General’s Civil Junior Junior Panel of Counsel.

Prior to starting pupillage, Joe worked as a Solicitors’ Agent where he gained substantial advocacy experience. Joe was also a manager in a firm of solicitors who provide advocacy services. In this role Joe worked closely with clients to provide practical, cost effective solutions to litigation. In 2018, he received a travel scholarship from the Middle Temple which allowed him to intern with a boutique commercial litigation law firm in the USA.

Commercial

Joe has a broad commercial litigation practice. In addition to his paper practice, Joe frequently represents lenders, companies and consumers at hearings, including at trial. Further, through his recent editing of Atkin’s Court Forms, Joe is well versed in issues arising out of contracts for the sale and supply of goods and services.

Recent work includes:

• Attending a four day trial regarding claims in breach of contract and unjust enrichment.
• Settling a defence in a high value wrongful interference with goods claim.
• Acting as part of a counsel team, led by Rachel Sleeman, in a large document review exercise concerning a potential breach of trust and breach of directors’ duties with an estimated value of £3 million.
• Applying for an interim injunction for the delivery up of goods in the Circuit Commercial Court.
• Settling a defence and counterclaim in building dispute which also involved consideration of the law on VAT relief.

Insolvency

Joe frequently acts and advises in relation to both corporate and personal insolvency proceedings. Joe is familiar with bankruptcy proceedings and voluntary arrangements.

Recent work includes:

• Advising on the presentation of a winding up petitions to enforce a Russian arbitral award.
• Representing a high-profile debtor in resisting a bankruptcy order.
• Assisting in advising a liquidator as to the merits of pursuing section 127 claims against the insolvent company’s landlord.
• Assisting in advising on whether Malaysian bankruptcy proceedings can prevent the presenting of a bankruptcy petition in the England and Wales.
• Assisting in drafting a witness statement to resist an application to set aside a statutory demand which was based on a debt from overdrawn director’s current accounts.
• Assisting in advising a director against a liquidator’s claim of there being transactions at an undervalue and preference.
• Assisting Simon Mills, as a pupil, in Lynch v Cadwallader and Anor [2021] EWHC 328 (Ch) where a Bankrupt challenged the Trustee’s decision to admit a debt founded on a unlimited guarantee into the bankruptcy

Property

Joe has experience of wide variety of property litigation, from real property to landlord and tenant matters. Joe frequently represents landlords in possession proceeding and in obtaining injunctive relief. Joe has particular experience in representing mortgagees, having acted in numerous such claims.

Recent work includes:

• Settling pleadings in which a mortgagor lacks capacity and, through the litigation friend, asserts undue influence.
• Advising on substantial dilapidation claims.
• Representing a freeholder in the FTT for a leasehold enfranchisement hearing listed for two days
• Settling particulars of claim for a service charge dispute following major works.
• Settling a reply to a defence of non est factum when enforcing a charge against a guarantor.

Career

Called: 2017

Memberships

COMBAR

R3 (Association of Business Recovery Professionals)