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Joshua Folkard

Call: 2013

Josh has a broad commercial practice including commercial dispute resolution and arbitration, the conflict of laws, professional liability and insurance. Josh also has a growing sports law practice.

Recent Work

Josh’s recent work includes:

  • Led by Justin Fenwick QC and Graham Chapman in a fraud claim against auditors in the Cayman Islands.
  • Led by Anneliese Day QC and Professor Jonathan Harris QC in a dispute between an Austrian owner of patents and intellectual property and a Hong Kong producer of plant protection products.
  • Junior Counsel for the successful Respondent in the Court of Appeal case of Rollerteam v Riley [2016] EWCA Civ 1291, a case concerning the construction of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.
  • Junior to Justin Fenwick QC resisting application to set aside service out of Antigua and Barbuda on two US law firms.
  • Instructed in the recovery of a loan from a New York individual by a company registered in the BVI.
  • Sole Counsel successfully resisting a High Court application to vary the terms of a freezing injunction over commercial property.
  • Sole instruction in a claim against conveyancing solicitors stated to be worth £250,000 arising from the alleged failure to advise regarding the dangers of proceeding without planning permission and/or recommending an insurance policy for possible losses arising from the lack of such permission.
  • Defending a mortgage broker from allegations of fraud, involving limitation issues arising from alleged deliberate concealment and section 32 of the Limitation Act 1980. The claim went on appeal to a Circuit Judge.
  • Instructed to advise insurers on the prospects of success of a subrogated claim relating to fire damage to vehicles stored on third party premises.
  • Instructed in a subrogated recovery claim arising from a fire caused by electrical works at a residential property.
  • Junior to George Spalton in an FA Rule K Football Arbitration concerning a player-agent dispute relating to a representation contract.
  • Sole instruction defending an amateur cyclist before the National Anti-Doping Panel in respect of an alleged anti-doping violation concerning EPO under the Cycling Time Trial Anti-Doping Rules.
  • Assisting in the establishment of a suitable process to determine a quantum issue on behalf of the Parliamentary Commissioner in an investigation into maladministration by the Environment Agency.

Qualifications and Previous Experience

Josh read Law at University College, Oxford. He was awarded the Wronker Law Prize for the joint best performance in the university, the paper prize for Torts and the Gibbs Prize for Contract, Torts, Trusts and Land Law. He subsequently completed the BCL at Merton College, where he won the paper prize for Principles of Civil Procedure. He was graded Outstanding on the BPTC, and is an Atkin Scholar of Gray's Inn.

Josh has a particular interest in the conflict of laws, and has published case notes in the areas of choice of law ([2015] 74 Cambridge Law Journal 37) and jurisdiction ([2016] 132 LQR 31).

Prior to commencing pupillage, Josh taught tort law to undergraduates at a number of Oxford Colleges and worked as a Legal Assistant at Clyde & Co's Oxford office, dealing mainly with solicitors' negligence cases.

Josh is a member of YIAG, BILA, TECBAR and COMBAR. He is also a member of the COMBAR India Committee.


BA, University of Oxford (First Class Honours); BCL, University of Oxford (Distinction).