Practice Summary

Joseph started practice as a barrister in 1990 and joined 4-5 Gray’s Inn Square in 2008. Joseph regularly takes on cases in Dublin, where he is a member of the Law Library.

He has also practiced for extensive periods in Brussels and on law reform projects in emerging markets/transition counties in South East Europe and the Middle East.Joseph has a commercial, public and European law practice, acting in cases and transactions in relation to:
Commercial and public contracts, regulated markets and disciplines, Administrative law and judicial review Ancillary areas and sectors include construction, energy, environmental, telecoms, ICT and financial services
He handles a considerable amount of non-contentious advice and analysis, involving drafting legislation, contracts, and policies. Mixed commercial/public matters, such as regulated contracts, or those with an international law or cross-border element, are a speciality.

Areas of Experience (Select to add to the CV download)

Public Contracts, Concessions and Joint Ventures

The cornerstone of Joseph's practice, in which he has acquired considerable experience and exposure to contracts concluded in a competitive environment, including public procurement contracts, frameworks, works and services concessions, and public licenses. Previous work is very comprehensive and international in this area, in relation to classical and utility sectors.

This extends to cross-over public/private investments and joint ventures, sale or licensing of public assets, outsourcing, and advice on privatisation and regulatory control of utilities.

Finally, it covers ancillary areas of construction, competition, state aid, regulated markets and planning.
Closer to home, Joseph has acted in a number of public contract cases and arbitrations that have either gone to trial, or to an advanced stage of proceedings , in England and Ireland, involving advanced and complex issues in European public procurement law.

Green public procurement and electronic procurement is increasingly a feature of practice in this area.

Commercial Contracts

Joseph's commercial law practice is closely linked to his public contract practice.
In addition, Joseph has experience of sale of goods and services, asset sale agreements, shareholder and investor disputes, and debt-collection, and on related areas of intellectual property, employment, company law and insolvency. This has led to handing:
1. Advice on and drafting of business to business contracts, corporate governance, transactions, and terms of trade. Origination, drafting or review of contracts, policies, business models, commercial solutions.
2. Review and advice on business regulation, company law, competition law, market regulation, consumer protection, and the commercialization of goods and services. Negotiation with contracting authorities, competition and consumer commissions.
3. Advice on mergers and acquisitions, business structures, joint ventures and collaboration, agency/ distribution and reseller networks, outsourcing of services and supply, and licensing.
4. Dealing with ancillary commercial, regulatory, due diligence and indemnity, employment, IPR and confidentiality, shareholding and investment issues.
5. Main sectors: financial services, construction, retail/wholesale, healthcare, e-commerce, IT services, and telecom.
As a former employed barrister in a law firm, Joseph is experienced in handling contract negotiations and drafting agreements.

Regulatory

Joseph's main focus has been on statutory interpretation and European law, in the areas of professional qualifications, intellectual property, access to markets and networks. Joseph is often engaged in connection with judicial review or to advise on the exercise of statutory power.
It also extends into the specialised areas of pensions, financial services, and insolvency.

Judicial Review

Often the pinpoint for other areas practice, Joseph has extensive experience of judicial review and litigation in these areas, acting for both applicant and public authority.
A recently large area of practice has been review of decisions subject to the Aarhus Convention.

Reported Cases

QDM Capital Ltd v. Athlone Institute of Technology, [2011] IEMC 387 (public procurement – scope of directive 2004/18/EC
QDM Ltd v Galway City Council [2011] IEHC 534, (public procurement –criteria for public works contracts under directive 2004/18/EC)
School Transport System Ltd v Minister of Education and Skills [2012] IEHC 425 (public procurement – declaration of ineffectiveness – Teckal and Hamburg exceptions
Gaswise Ltd v Dublin City Council [2014] IEHC 56

Willmott Dixon Partnership Ltd V London Borough of Hammersmith and Defendant Fulham [2014] EWHC 3191 (TCC)

Publications

Numerous articles on all aspects of European, English and Irish Law including:
Author, EU Law for the Construction Industry, Blackwells, 1998
Contributor, Public Procurement in Europe: Enforcement and Remedies, ed Tyrrell and Bedford, Butterworths, 1997
Complaints to the Commission, Jnl of the Law Society of Scotland 38/10 397
Liabilities and Warranties in the Construction Industry (1994) 10 Const.L.J 104
Notice to national Courts on the Application of Articles 85 and 86 (1993) 137 SJ 325
Advanced Deposits & the Package Travel Directive – Travel Law Journal [1996] TLJ 11
Newsletter: Community NewsScan Service, Monthly monitor on European law 1993 to 1997
The Future of Internet Regulation, inside.ie e-zine April 2002
A New Remedies Directive, European PPP Forum, EIPA June 2006
Challenging Times – Remedies in Public Procurement, (2009) 1 IBLQ 5
Setting Off Summary Judgement (2009) 3 IBLQ 1

UK_leading_set_2014large.jpgleading set

 
 
 

“Continues to impress clients...commercial and precise in its advice”

Chambers & Partners