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BARRISTERS

JOSH RADCLIFFE - PUBLIC / DIRECT ACCESS

Called to the Bar: October 2018

A graduate of the University of Birmingham and former investment professional, Josh is a specialist in Criminal and Chancery matters. Since joining Chambers he has appeared in a number of probate and inheritance disputes, as well as working in an advisory capacity on these same issues. 

Prior to joining the Bar Josh gained extensive in-court experience as a County Court Advocate, attending hundreds of hearings on behalf of the nation’s leading advocacy providers. 

As well as his mainstay of probate and commercial matters, Josh has been instructed in a variety of motoring, heavy crime and family law cases. 

 

Previous cases 

 

Probate/Chancery:

Abiona v James & Abiona- High Court District Registry of Birmingham- Acting for executors in a s.50 application brought by a beneficiary.

Sargent v Waldron & Jackson- High Court District Registry of Manchester- Acting for executors in an application for an account, case involved allegations of misfeasance in respect of estate expenditure. 

Akhtar v Takolia- Coventry County Court- £100,000 + trial involving an “Islamic” lending arrangement, issues around authenticity of documents and cross-allegations of dishonesty, acting for the lender. 

Re The Estate of Graham Jones- Royal Courts of Justice- £170,000 inheritance. Josh was instructed by a political party in relation to an ambiguous will left by a supporter. 

Nawaz v Nawaz- Nuneaton County Court- Acting for the settlor of a trust in relation to a property lived in by a relative, issues around corrections to the Land Registry.

A Crypto Investor (ongoing)- Advising on a US$9 million claim with international elements in relation to breach of Partnership Act 1890 and breach of trust in connection with cryptocurrency mining.

Judicial Review

Khan v Greater Manchester Police- High Court- Judicial review of seizure and disposal of a Rolls Royce under s.165A Road Traffic Act 1988. Vehicle returned by the police upon sight of the claim. 

 

Crime:

R v Wareham- Worcester Crown Court- Client acquitted of supplying heroin and crack cocaine, suspended sentence on a cannabis supply charge to which he had earlier pleaded guilty. Co defendant was convicted.

R v Courtney- Advising the late gangster Dave Courtney on possession of offensive weapons matter, all charges dropped by CPS. Daily Mail

R v AH- Birmingham Crown Court- Client accused of sexual offences against an underage victim, Josh successfully opposed evidence of his previous conviction for Gross Indecency with a Child being admitted before the jury.

R v McEnteggart- Birmingham Crown Court- Instructed privately to represent a man already convicted of supplying £4 million worth of cocaine.

R v SB- Nottingham Magistrates Court- Client was a trainee solicitor. Acquittal secured in a drink driving case after Josh noticed that the police had taken three samples of breath instead of two.

R v Richards- Nottingham Magistrates Court- Client was shown to be five times the legal alcohol limit, community order imposed despite a recent custodial sentence for the same offence and the Sentencing Guidelines suggesting that a prison sentence was appropriate. 

R v Alasdair Walker-Cox- Worcester Crown Court- Acting for a devout Christian shopkeeper who refused to close his family business during the winter lockdown of 2020 and early 2021. Josh secured the quashing of his conviction in the first successful appeal against Covid laws. Covered extensively in the media- Birmingham MailDaily Mail

R v EC- Leicester Crown Court- Representing a client accused of involvement in a conspiracy to smuggle drugs into a prison (ongoing).

R v Anderson- Worcester Magistrates Court- Acquittal secured in a failure to provide a specimen case after a failure to observe s. 7 (3) and s. 7 (7) Road Traffic Act 1988.

R v Khalil- Birmingham Crown Court- Police officer charged under malicious Communications Act 1988 for sending a racially offensive message, found 'not guilty' in under an hour after a trial.  

R v Charanjit Singh- Northampton Crown Court- Having discharged his trial lawyers following conviction, Mr Singh instructed Josh on a private basis to act for him at his sentencing on multiple charges of sexual offences against a transgender individual described as vulnerable during the case. Covered by the Northamptonshire Telegraph

 

Appellate Work:

Bracher v Crown Prosecution Service- High Court- Acting for a prominent martial artist, conviction for assault quashed after extensive legal argument over the admissibility of "social media hearsay".

R v Osman Osman [2023] EWCA Crim 1560- Court of Appeal- Appeal against conviction for drug supply offences. 

R v WM- Ongoing- Application for leave to appeal against conviction in multi-million pound cannabis cultivation conspiracy, complex arguments around institution of proceedings without Attorney General's consent and the admissibility of psychiatric evidence to show propensity to offend.

 

Family/Court of Protection:

Coventry City Council v X, X & Y- High Court (Family Division)- Joined proceedings of the Court of Protection and the High Court’s Family Division, acting for the parents of a developmentally disabled man, complex issues of capacity to marry, allegations of forced marriage and issues around access to pornography. Before Mrs Justice Morgan. 

Brighton & Hove v JE & Ors- Court of Protection- Case concerning theh welfare of a man with dementia, complexities arose from the existence of a multi-million Pound family trust, allegations of forgery of Lasting Powers of Attorney. Acted for the wife. 

 

PUBLIC ACCESS

Public access or, as it is also known, Direct access accredited. 
 

hobbies 

Travel. Miniature Golf. Motoring. 

 

languages 

English. Afrikaans.

 

Barrister. 

Barristers regulated by the Bar Standards Board.   


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