Joseph Curl KC

McAteer v Hat & Mitre (in liquidation)

[2024] EWHC 1601 (Ch)

Joseph appeared for the liquidators in successfully resisting an appeal brought by a dissentient contributory who wished to challenge the conduct of the winding up. Mann J held that the appellant lacked standing to bring the proceedings based on the size and nature of his interest.

Re BHS Group Ltd (in liquidation); Wright v Chappell

[2024] EWHC 1417 (Ch)

https://www.bailii.org/ew/cases/EWHC/Ch/2024/1417.html

Following a five week trial, Leech J entered judgment against a number of former directors of the BHS Group for wrongful trading and breach of duty. The award in this case is reputed to be the largest ever made for a claim in wrongful trading under s.214 of the Insolvency Act 1986. Joseph (with Ryan Perkins) appeared for the successful liquidators.

Hyde (as joint trustee in bankruptcy of James Stunt) v Stunt

[2024] EWHC 630 (Ch)

https://www.bailii.org/ew/cases/EWHC/Ch/2024/630.html

Joseph acted for the successful trustee in bankruptcy at trial in an unusual dispute over whether a Van Dyck painting released from a restraint order made under the Proceeds of Crime Act 2002 vested in the bankruptcy estate or the bankrupt’s father.

Brake v The Chedington Court Estate Ltd

[2023] UKSC 29, [2023] 1 WLR 3035, [2023] 4 All ER 1021, [2023] BPIR 1272

https://www.bailii.org/uk/cases/UKSC/2023/29.html

The Supreme Court restated the test for a party to have standing to challenge the officeholder’s conduct of an insolvency estate. Joseph (with Jon Colclough) appeared for the former bankrupts.

Moorgate Industries UK Ltd v Mittal

[2022] EWHC 3009 (Ch), [2023] BPIR 476

https://www.bailii.org/ew/cases/EWHC/Ch/2022/3009.html

Joseph (with Giselle McGowan) acted for the applicant judgment creditor in successfully achieving revocation of an IVA entered into by Pramod Mittal of the Mittal family of industrialists.

Re P G D Ltd (in liquidation); Manolete Partners Plc v Hope
[2022] EWHC 1801 (Ch), [2023] BCC 181
https://www.bailii.org/ew/cases/EWHC/Ch/2022/1801.html

Joseph (with Paul Wright) represented the successful assignee on appeal in reversing the decision of the trial judge to impose a cap on recoveries to reflect the deficiency in the assignor’s estate.

Schofield v Smith; Rhino Enterprises Properties Ltd v Clyde & Co
[2022] EWCA Civ 824, [2023] 1 All ER 480, [2023] 1 All ER (Comm) 285, [2022] BCC 1265
https://www.bailii.org/ew/cases/EWCA/Civ/2022/824.html

Allegations of breach of fiduciary duty brought by a director against former administrators and their solicitors were struck out on the basis that a prior settlement with a bank was effective to settle those new claims. Joseph (with Faith Julian) acted for the successful solicitors’ firm.

Re Edengate Homes (Butley Hall) Ltd (in liquidation); Lock v Stanley
[2022] EWCA Civ 626, [2021] EWHC 2970 (Ch), [2022] 2 BCLC 1, [2022] BCC 940, [2022] BPIR 970
https://www.bailii.org/ew/cases/EWHC/Ch/2021/2970.html (Chancery Division)
https://www.bailii.org/ew/cases/EWCA/Civ/2022/626.html (Court of Appeal)

In a significant case for the litigation funding industry, Joseph represented the liquidator both at first instance and on appeal in successfully resisting a dissentient shareholder’s application to set aside the assignment of a cause of action to a funder.

Manolete Partners Plc v Nag
[2022] EWHC 153 (Ch), [2022] 2 BCLC 394
https://www.bailii.org/ew/cases/EWHC/Ch/2022/153.html

Joseph represented the successful assignee at trial in breach of duty proceedings against a director, including a finding of dishonest assistance against a non-director who had handled the proceeds.

Re Industrial North West LLP (in administration); Kendall v Morley
[2020] EWHC 3052 (Ch), [2020] All ER (D) 93 (Nov)

The court held that the appointing QFCH was entitled to retain its charge, despite having been repaid in full, to secure contingent liabilities in relation to litigation threatened by the shareholder. Joseph represented the administrators.

Re Hat & Mitre plc (in administration); Kebbell v Hat & Mitre plc and Toone
[2020] EWHC 2649 (Ch), [2020] All ER (D) 42 (Oct)
https://www.bailii.org/ew/cases/EWHC/Ch/2020/2649.html

Joseph represented the successful administrators in resisting these proceedings seeking removal and compensation for unfair harm brought by two members of the company. Trower J clarified the nature of an administrator’s duties where a company is balance-sheet solvent.

Re Core VCT plc (in liquidation); Fakhry v Pagden
[2020] EWCA Civ 1207, [2021] BCC 46, [2021] 2 BCLC 35, [2021] BPIR 526
https://www.bailii.org/ew/cases/EWCA/Civ/2020/1207.html

The Court of Appeal held that the members of a solvent company in MVL should have been consulted before it was restored to the register. Joseph (led by Jonathan Crow QC) acted for the successful appellant.

Re North Point Global Ltd (in liquidation); Brittain v Chamberlain
[2020] EWHC 1648 (Ch), [2020] Bus LR 2169, [2020] 2 BCLC 676, [2020] BPIR 1170, [2020] All ER (D) 06 (Jul)
https://www.bailii.org/ew/cases/EWHC/Ch/2020/1648.html

Joseph acted for the successful liquidator in this appeal against a CVA supervisor’s decision to reject a proof of debt. The court confirmed that contingent antecedent transaction claims are susceptible to proof.

Re Daystreet15 Ltd (in liquidation); Cham v Wilmot
[2020] EWHC 1140 (Ch), [2020] All ER (D) 68 (May)

The court refused to strike out a liquidator’s pleading of fraud against directors who had entered into aggressive tax avoidance. Joseph represented the successful liquidator.

Chapelgate Credit Opportunity Master Fund Ltd v Money
[2020] EWCA Civ 246, [2020] 1 WLR 1751, [2021] 1 All ER (Comm) 207, [2020] 2 BCLC 170, [2020] Costs LR 493
https://www.bailii.org/ew/cases/EWCA/Civ/2020/246.html

The Court of Appeal upheld the decision that a commercial funder may be liable for all the adverse costs of unsuccessful proceedings, despite the Arkin cap. Joseph (led by Nicholas Bacon QC) acted for the successful respondent.

Re Sturgeon Central Asia Balanced Fund Ltd (in liquidation)
[2020] EWHC 123 (Ch), [2020] 1 BCLC 600, [2020] BCC 389
https://www.bailii.org/ew/cases/EWHC/Ch/2020/123.html

[2019] EWHC 1215 (Ch), [2020] 1 All ER (Comm) 701, [2020] ILPr 13, [2019] Bus LR 1809, [2019] 2 BCLC 412, [2019] BCC 950, [2019] BPIR 1035
https://www.bailii.org/ew/cases/EWHC/Ch/2019/1215.html

Joseph acted for the Bermudian liquidators of a solvent investment fund in heavily-contested proceedings over whether recognition should be granted under the Cross-Border Insolvency Regulations 2006.

Re Implement Consulting Ltd (in liquidation); Toone v Ross
[2019] EWHC 2855 (Ch), [2019] All ER (D) 05 (Nov)
https://www.bailii.org/ew/cases/EWHC/Ch/2019/2855.html

In the first tax avoidance-based misfeasance action to reach trial, Joseph successfully persuaded the court that the sums paid into schemes were in substance unlawful distributions of capital and void.

Pillmoor v Miah
[2019] EWHC 3696 (Ch), [2019] All ER (D) 211 (Oct)

A trustee in bankruptcy successfully appealed against the trial judge’s decision. Joseph demonstrated that the court below had wrongly applied the Stack v Dowden test for joint names, instead of the modified Lloyds Bank v Rosset test for single names.

R v S
[2019] EWCA Crim 1728, [2020] 1 WLR 109, [2019] Lloyd’s Rep FC 529, [2019] All ER (D) 114 (Oct)
https://www.bailii.org/ew/cases/EWCA/Crim/2019/1728.html

Joseph appeared (against Kennedy Talbot QC and Pavlos Panayi QC) for the trustees of a debtor subject to an all-assets restraint order. This case saw the Court of Appeal (Criminal Division) grapple with the difficult interface between the bankruptcy and POCA regimes.

Re Pantiles Investments Ltd (in liquidation) v Winckler
[2019] EWHC 1298 (Ch), [2019] 2 BCLC 295, [2019] BCC 1003, [2019] All ER (D) 134 (May)
www.bailii.org/ew/cases/EWHC/Ch/2019/1298.html

In the first detailed judgment for some years on s.213 fraudulent trading, a director was liable where a company’s business was carried on with the intent to defraud the bankruptcy creditors of a third party. Joseph appeared for the successful liquidator.

Re ARY Digital UK Ltd; Brewer v Iqbal
[2019] EWHC 182 (Ch), [2019] 1 BCLC 487, [2019] BCC 746, [2019] BPIR 529, [2019] PNLR 284
www.bailii.org/ew/cases/EWHC/Ch/2019/182.html

Joseph represented the successful liquidators in their application against a company’s former administrator for undersale of assets. Unusually, the court found a breach of fiduciary duty (not simply negligence) and awarded a substitutive performance (i.e. current value) measure of equitable compensation.

Wagner v White
[2018] EWHC 2882 (Ch), [2019] BPIR 234
www.bailii.org/ew/cases/EWHC/Ch/2018/2882.html

Joseph (leading Professor Andrew Keay) appeared successfully both at first instance and on appeal before Nugee J, opposed by Richard Millett QC. The matter concerned a personal guarantee arising from the c.US$350m insolvency of Powa Group.

Abdulali v Finnegan
[2018] EWHC 1806 (Ch), [2018] BPIR 1547

Birss J upheld the trial judge’s finding that the statutory presumption of a “desire” to prefer had been rebutted. Joseph represented the successful respondent both at trial and on appeal.

Zinc Hotels (Holdings) Ltd v Beveridge
[2018] EWHC 1936 (Ch), [2018] BCC 968, [2018] BPIR 1840
www.bailii.org/ew/cases/EWHC/Ch/2018/1936.html

Five-sided application to remove administrators on the grounds of conflict and unfair harm. Joseph (led by Marcia Shekerdemian QC) appeared for the successful security agent before Henry Carr J.

Ennis Property Finance Ltd v Thompson
[2018] EWHC 1929 (Ch), [2018] All ER (D) 181 (Jul)

Joseph appeared for the successful lender at trial in proceedings concerning a disputed personal guarantee.

Davey v Money; Dunbar Assets plc v Davey
[2018] EWHC 766, [2018] Bus LR 1903
www.bailii.org/ew/cases/EWHC/Ch/2018/766.html

Three-sided six week trial before Snowden J involving complex allegations of breach of administrators’ duties and conspiracy by a lender. Joseph (led by Tom Smith QC) acted for the successful lender.

Frosdick v Fox
[2017] EWHC 1737 (Ch), [2018] 1 WLR 38, [2017] BPIR 1194
www.bailii.org/ew/cases/EWHC/Ch/2017/1737.html

Birss J struck out a bankrupt’s claim on the application of Joseph’s client trustee, agreeing with the trustee that a bankrupt has no standing under s.316 to require his trustee to elect to disclaim or affirm.

Re PV Solar Limited Solutions Limited (in liquidation)
[2017] EWHC 3228 (Ch), [2018] 1 BCLC 58, [2018] BCC 196
www.bailii.org/ew/cases/EWHC/Ch/2017/3228.html

Joseph represented the liquidators at trial in successfully impugning as misfeasance several payments made into a purported EFRBS tax avoidance arrangement at a time when the company was of doubtful solvency.

Dowling v Promontoria (Arrow) Limited
[2017] BPIR 1477
www.bailii.org/ew/cases/EWHC/Ch/2017/B25.html

A creditor was unable to enforce summarily a purported guarantee on the grounds of limitation and the “purview” doctrine. Joseph represented the successful alleged debtor.

Re DP Holding SA; Hellard v Chen
[2017] BPIR 687, [2017] All ER (D) 21 (Mar)

The court examined the responsibilities of a BVI liquidator when seeking assistance from the English court pursuant to s.426.

Gaind v Dunbar Assets plc
[2016] EWHC 3187 (Ch), [2017] BPIR 667

The court rejected a borrower’s contention that a personal guarantee had been procured by misrepresentation. Joseph represented the successful lender at first instance and on appeal.

Re D’Eye (a bankrupt)
[2018] BPIR 411, [2017] BPIR 1174, [2017] BPIR 598, [2016] BPIR 883

Three trials against various associates of a bankrupt. Joseph represented the trustees in bankruptcy, whose claims to recover the remoter proceeds of void post-petition payments succeeded in full.

Harvey v Dunbar Assets plc
[2017] EWCA Civ 60, [2017] Bus LR 784, [2017] BPIR 450 (Court of Appeal)
www.bailii.org/ew/cases/EWCA/Civ/2017/60.html

[2015] EWHC 3355 (Ch), [2015] Bus LR 1383, [2016] BPIR 48 (Chancery Division)
www.bailii.org/ew/cases/EWHC/Ch/2015/3355.html

A debtor was estopped from challenging a statutory demand using an argument that had failed in earlier proceedings on a different statutory demand for the same debt. Joseph (sole counsel on the first appeal; led by Michael Todd QC in the Court of Appeal) represented the successful lender.

Re Longmeade Ltd (in liquidation)
[2016] EWHC 356 (Ch), [2017] 2 All ER 244, [2017] 1 BCLC 605, [2016] Bus LR 506, [2016] BPIR 666
www.bailii.org/ew/cases/EWHC/Ch/2016/356.html

Joseph represented the liquidator of a Lehman entity in a claim against the Official Receiver. Snowden J ruled that liquidators may discount the views of creditors who are influenced by extraneous considerations.

In re Cooke (a bankrupt)
[2016] EWHC 1888 (Ch), [2016] Bus LR 960, [2016] Costs LR 781, [2016] BPIR 1339
www.bailii.org/ew/cases/EWHC/Ch/2016/1888.html

The only reported case on the costs of an unsuccessful appeal against a bankruptcy order. Joseph successfully showed that such costs may take effect as a post-bankruptcy debt.

Re Cre8atsea Limited (in liquidation)
[2016] EWHC 2522 (Ch), [2016] All ER (D) 149 (Oct)

https://www.bailii.org/ew/cases/EWHC/Ch/2016/2522.html

Joseph represented the successful petitioner (Vodafone) in resisting an application to rescind a winding-up order.

Cooke v Dunbar Assets plc
[2016] EWHC 579 (Ch), [2016] BPIR 576, [2016] All ER (D) 49 (Apr)
www.bailii.org/ew/cases/EWHC/Ch/2016/2522.html

Appeal from a bankruptcy order on the basis that an offer to compound had been unreasonably refused. Joseph represented the successful petitioner both at first instance and on appeal.

Baker and another v LSREF III Wight Ltd
[2016] BPIR 509, [2016] All ER (D) 254 (Feb)

Application establishing that a triable issue arose in respect of an allegation that a bank had rendered itself a fiduciary for its borrowers.

Rowbury v Official Receiver
[2015] EWHC 2276 (Ch), [2016] BPIR 477, [2016] BPIR 500, [2015] All ER (D) 129 (Sep)

Examined when failure to adjourn a creditors’ meeting to consider an IVA will be a material irregularity. Joseph represented the successful dissentient creditors.

Ridsdale v Bowles
[2015] BPIR 1275

A bankrupt applied for annulment, alleging that the petition was abusive because a third party had paid the petitioner to procure the bankruptcy. Joseph represented the trustees in bankruptcy.

Dunbar Assets plc v Butler
[2015] EWHC 2546 (Ch), [2015] BPIR 1358, [2015] All ER (D) 138 (Sep)

Joseph represented the successful appellant lender. It was held that a triable issue of fact is insufficient to set aside a statutory demand: the issue must also disclose a defence.

Sands v Singh and others
[2015] EWHC 2219 (Ch), [2015] BPIR 1293, [2015] All ER (D) 304 (Jun)
www.bailii.org/ew/cases/EWHC/Ch/2015/2219.html

Addressed the effect of section 283A of the Insolvency Act 1986 (the “use it or lose it” provision) where an application was not issued within the three year time limit.

Stella v Harris
[2014] EWHC 4492 (Ch), [2015] BPIR 926

Considered whether to grant permission to continue proceedings despite the existence of an interim order to facilitate an IVA proposal.

Ace Paper Ltd v Fry and others
[2015] EWHC 1647 (Ch), [2015] All ER (D) 192 (Jul)
www.bailii.org/ew/cases/EWHC/Ch/2015/1647.html

Joseph represented the successful asset-based lender both at first instance and on appeal. The court concluded that a contested book debt remained the property of Joseph’s client by applying “business common sense” to the contract.

Re Mark Irwin Forstater
[2015] BPIR 21

A proposal for an IVA was deemed rejected where the creditors’ meeting was improperly suspended. Joseph represented the successful petitioning creditor.

Relfo Ltd (in liquidation) v Varsani
[2014] EWCA Civ 360, [2015] 1 BCLC 14
www.bailii.org/ew/cases/EWCA/Civ/2014/360.html

Joseph (led by Peter Shaw) represented the successful respondent to this appeal concerning laundering, tracing, knowing receipt and unjust enrichment. Arden LJ held that money substitutions may be traced in equity even where they do not occur in chronological order.

Hellard and Wade (trustees of Mireskandari) v (1) Chadwick (trustee of Tehrani) (2) Jami Tehrani
[2014] BPIR 163 (first instance)
[2014] EWHC 2158 (Ch), [2014] BPIR 1234 (appeal)

Trustees in bankruptcy commenced transaction at undervalue proceedings against another bankruptcy estate. Joseph successfully persuaded the court at first instance and on appeal that the claim constituted a debt provable in the respondent estate and should be stayed.

Bramston v Riaz
[2014] BPIR 42

A rare reported use of s.342(1)(b) of the Insolvency Act 1986. The court declared that assets represented “the application” of a transaction at an undervalue and ordered that they be vested in a trustee in bankruptcy without further order. Joseph represented the successful trustee.

Credit Lucky Ltd v National Crime Agency
[2014] EWHC 83 (Ch), [2014] All ER (D) 235 (Jan)
www.bailii.org/ew/cases/EWHC/Ch/2014/83.html

The director of a money transfer company believed to have been used by organised criminals to launder the proceeds of crime to China applied to rescind a winding up order. Barling J dismissed the application. Joseph represented the company’s liquidator.

Re Harvest Finance Limited (in liquidation)
[2013] BPIR 1020

Detailed consideration of the jurisdiction to order disclosure against a company’s former solicitors under sections 234 and 236 of the Insolvency Act 1986 in circumstances where a strong prima facie case of fraudulent conduct is established. Joseph represented the successful liquidators.

Hellard v Kapoor
[2013] EWHC 2204 (Ch), [2013] EWHC 2496 (Ch), [2013] BPIR 745
www.bailii.org/ew/cases/EWHC/Ch/2013/2204.html

Joseph represented the successful trustee in bankruptcy in this fiercely contested application to suspend discharge, which raised complex issues concerning purported family trusts. Indemnity costs were awarded to Joseph’s client.

Arif v Anwar
[2013] EWHC 624 (Fam), [2013] BPIR 389
www.bailii.org/ew/cases/EWHC/Fam/2013/624.html
www.bailii.org/ew/cases/EWHC/Admin/2014/4669.html

The applicant wife challenged as shams trust arrangements between the husband and his son. Joseph successfully resisted an attempt by the husband and son (each separately represented by leading counsel) to exclude the husband’s trustee in bankruptcy from the proceedings.

Allen and another (joint liquidators of Rhinowheels Ltd) v Cowham
[2013] EWHC 1319 (Ch), [2013] All ER (D) 223 (May)

Freezing injunction in support of director’s misfeasance and transaction at undervalue proceedings. Joseph represented the successful liquidators.

Harvey v Dunbar Assets plc
[2012] EWHC 2890 (Ch), [2013] BPIR 66 (Chancery Division)
[2013] EWCA Civ 952, [2013] BPIR 722 (Court of Appeal)
www.bailii.org/ew/cases/EWCA/Civ/2013/952.html

Joseph successfully resisted a first appeal to the Chancery Division, where it was held that a personal guarantee could be enforced despite an allegation that a co-guarantor’s signature was forged. Joseph was led by Peter Arden QC on a second appeal to the Court of Appeal.

Dunbar Assets plc v Fowler
[2013] BPIR 46

A personal guarantor opposed a bankruptcy petition and argued that there was no petitionable debt. Joseph represented the successful lender. It is the only reported case on r.6.12(7) of the Insolvency Rules 1986 concerning delay between demand and petition.

Relfo Limited (in liquidation) v Varsani
[2010] EWCA Civ 560, [2011] 1 WLR 1402, [2010] 3 All ER 1045, [2011] 1 BCLC 71
www.bailii.org/ew/cases/EWCA/Civ/2010/560.html

The leading authority on the meaning of “usual or last known residence” for the purposes of service. Joseph was led by Guy Newey QC (now Lord Justice Newey) at first instance ([2009] EWHC 2297 (Ch), [2009] All ER (D) 30 (Oct)) and by Peter Shaw in the Court of Appeal.

(1) Haig (2) Shires (3) Lewis (4) Platinum Developers Ltd (in administration) v Beasant
LTL 6/8/2010, [2010] 7 WLUK 914

Application by receivers for a declaration that a director had no beneficial interest in a lease granted prior to a company’s insolvent administration. Joseph acted for the successful administrators.

Hooper (trustee in bankruptcy of Chowdhary) v Duncan Lewis (Solicitors) Limited
[2010] BPIR 591

Trustee in bankruptcy’s application for disclosure against third parties. Addressed legal professional privilege and third party disclosure under the insolvency regime.

Parkinson Engineering Services PLC (in liquidation) v Swan
[2009] EWCA Civ 1366, [2010] Bus LR 857, [2010] BPIR 437, [2010] 1 BCLC 163
www.bailii.org/ew/cases/EWCA/Civ/2009/1366.html

Court of Appeal decision (led by Peter Shaw) concerning amendment of a negligence claim against administrators after expiry of limitation.

He is described in Chambers and Partners 2023 as follows:

“Joe has an encyclopedic knowledge of insolvency law and a redoubtable advocacy style”

“He is meticulous in his planning for a case.”

“Joseph possesses the ability to make extremely difficult points of law easy to understand and accept.”

He is described in Chambers and Partners 2022 as:

“The go-to guy for heavyweight litigation – he’s very down to earth, pragmatic and very bright, but he’s also commercially astute.” “He is friendly, easy to deal with, robust and really understands the client’s wants and concerns.”

Chambers and Partners 2021 ranks him Band 1 for Restructuring and Insolvency and says:

“His main strength is his ability to turn his hand effortlessly to any insolvency matter presented to him. He is also very authoritative and the safest of safe pairs of hands.”

“He is very popular among clients for his technical expertise and commercial approach.”

Legal 500 2020 says:

“He simultaneously manages to be genuinely down-to-earth, while delivering a quality of analysis and courtroom performance worthy of the finest silks.”

Chambers and Partners 2020 and Chambers Global 2020 ranks him Band 2 for Restructuring and Insolvency and says:

“He is sensationally good both on his feet and on paper – he fights his client’s corner very hard and very well”

“He is absolutely brilliant – his oral and written submissions really get to the point. His technical knowledge in this area is unparalleled, and his attention to detail and commitment to the case are really quite incredible.”

Chambers and Partners 2019 and Chambers Global 2019 says:

“He achieves excellent results, is responsive and integrates himself into the teams that he works with. His drafting and in-court advocacy are equally accomplished.”

 “He is absolutely brilliant to deal with and gets to grips with the case really really quickly. He is superb.”

Chambers and Partners 2018 and Chambers Global 2018:

“He’s great with clients, knowledgeable and very hard-working. He’s a real team player. He’s technically very gifted but also very approachable. He’s aggressive when he needs to be.”

Chambers UK Bar 2017 and Chambers Global 2017:

“He’s clever, commercial and reliable.”

 Legal 500 2016:

“A superb advocate, who is very knowledgeable on the law and adept at thinking on his feet”

Chambers UK Bar 2016:

“A highly regarded junior who acts on behalf of sizeable lenders and pre-eminent insolvency practitioners in insolvency litigation.

Strengths: ‘He is excellent in court, particularly when required to think on his feet and his written submissions are also first class. He is also instinctively able to see the commercial implications of every twist and turn in a piece of litigation.’”

Legal 500 2015:

“…very responsive, easy to work with, and a tenacious litigator.”

Chambers UK 2015:

“…developed a strong reputation as a technically adept and client-friendly junior…a good all-rounder, who provides excellent advice and presents very well on his feet…

Expertise: ‘He provides advice in an extremely unstuffy manner, and has extremely good insolvency expertise.’ ‘He is clever, commercial and reliable.’”

Chambers UK 2014:

“A busy junior with a growing reputation in the restructuring and insolvency market. Praised for his technical acumen, he regularly acts for lenders and insolvency practitioners.

Expertise: ‘Has a highly collaborative approach to his work; he is flexible, responsive and a pleasure to work with.’ ‘He has a fantastic legal brain, and displays excellent attention to detail and sound judgment.’”

Chambers UK Bar Guide 2013:

“The ‘incredibly user-friendly’ Joseph Curl… a corporate and individual insolvency specialist who is described as ‘good news – he has buckets of enthusiasm, is quick with his paperwork and effective in all he does.’”

Chambers UK Bar Guide 2012:

“Joseph Curl ‘is calm under pressure and has an excellent eye for detail.’ He is ‘able to understand complex issues with little effort and spots the commercial angle quickly.’”

Chambers UK Bar Guide 2011:

“is commended for his ‘technical excellence’. He is ‘very thorough and quick to respond.’”

Books

• Doyle, Keay and Curl: Annotated Insolvency Legislation 2024 (LexisNexis, 12^th edition) (General Editor)
• Corporate Governance and Insolvency: Accountability and Transparency (with Professor Andrew Keay and Professor Peter Walton) (Edward Elgar Publishing, 2022)
• Tolleys Insolvency Law Looseleaf: “Death or Incapacity of the Debtor” (Chapter author)

Articles

• Challenges to trustee conduct
  Recovery, Winter 2023
• Administrators: Conflicts of interest and removal (with Marcia Shekerdemian QC)
  International Corporate Rescue (2019) 16(1)
• Don’t presume to save your MC Bacon! (with Séamas Gray)
  Recovery, Winter 2018
•  Administration of insolvent estates of deceased persons: recent legislative changes bury the application of s 284 of the Insolvency Act 1986 (with Steve Leslie)
  Corporate Rescue and Insolvency, (2018) 1 CRI 26
• Equity and the Launderers: the Triumph of ‘Backward Tracing’
  Gore-Browne on Companies, Special Release 2016
• Staking a claim: Longmeade (with Paul Allen and Andrew Foster)
  Recovery, Winter 2016
• Who pays? The costs of an appeal from a bankruptcy order (with Faith Julian)
  Corporate Rescue and Insolvency (2016) 6 CRI 212
• Tackling Laundering: the implications of Relfo Limited (in liquidation) v Varsani (with Peter Shaw)
  International Corporate Rescue (2015) 12(3), 156
• TOUSA: Reckless Restructuring
  Corporate Rescue and Insolvency (2013) 6(1), 15
• Bankrupting personal guarantors: recent developments
  Insolvency Intelligence (2012) 25(2), 17
• Challenging the trustee’s remuneration: a new right for bankrupts?
  Insolvency Intelligence (2011) 24(1), 5
• The Spouse v the Creditors: A Turn Against Creditors?
  Insolvency Intelligence (2010) 23(6), 81
• “Use it or lose it”: section 283A after Lewis v Metropolitan
  Insolvency Intelligence (2010) 23(5), 74
• A purposive approach to the rule against foreign revenue enforcement
  International Corporate Rescue (2010) 7(2), 137
• Who can apply to rescind a winding-up order?
  Insolvency Intelligence (2009) 22(10), 145

Qualifications

LLB (1st Class Honours) (Birkbeck, London) – Law – 2006
BA (1st Class Honours) (Birkbeck, London) – Politics, Philosophy & History – 2003

Scholarships and Prizes

Wolfson Pupillage Scholarship – Lincoln’s Inn 2007
Lord Denning Major Scholarship – Lincoln’s Inn 2006
Hardwicke Entrance Scholarship – Lincoln’s Inn 2005
Cavendish Prize for Best Law Degree – Birkbeck, University of London 2006
Helena Kennedy Prize for Best Dissertation – Birkbeck, University of London 2006
Wildy’s Bookshop Prize for Tort – Birkbeck, University of London 2005
Pearson Publication Prize for Contract – Birkbeck, University of London 2004
Ede & Ravenscroft Prize – Birkbeck, University of London 2002

Professional memberships

Chancery Bar Association
R3: Association of Business Recovery Professionals

Deputy Insolvency and Companies Court Judge (2020 onwards)

R3 (Association of Business Recovery Professionals) – Member of Council (elected) (2018 to 2021)

R3 (Association of Business Recovery Professionals) – General Technical Committee

Chancery Bar Association – Member of main committee (elected) (2016 to 2022)

LexisNexis Restructuring & Insolvency Consulting Editorial Board

Joseph Curl is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 51595); whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardsboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref BM 2930/056) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 938 9512 78).