Josh O’Neill

Commercial disputes form a large portion of Josh’s practice. He has been led in several large commercial disputes in the High Court and Commercial Court, and as sole counsel has successfully made interlocutory applications in the High Court in heavy commercial cases. Equally, he is also experienced in acting as sole counsel in contractual and tortious claims in the County Court.

• O’Meara v Genius (2023 – ongoing). Josh acts for the Defendant to a c. £6 million claim alleging that various contractual earn-outs are payable (led by Alexander Cook KC).
• Skapin v StoneX (2024 – ongoing). Josh acts for the Claimant, seeking damages of c. £21 million, in respect of a margin call issued in breach of contractual, statutory and common law duties.
• Crump v Select Lifestyles (2023 – ongoing). Josh acts for the Claimants seeking the repayment of lending of c. £1.5 million, which the Defendants contend was part of a money laundering scheme (led by Alexander Cook KC and Richard Hanke of 3 Verulam Buildings).
• Stubbs v Walsh (2024 – ongoing). Josh acts for the Defendant to a claim seeking repayment of monies alleged to have been distributed in breach of trust/fiduciary duty (led by Alexander Cook KC and Joseph Howard).
• Greensill v Zurich v ors (2024 – ongoing). Josh acts for the Third Defendant to Part 20 claims made in these proceedings within which the Claimant seeks the payment of c. £100 million allegedly owing under insurance policies (led by Huw Davies KC of Essex Court Chambers and Gregory Denton-Cox).
• ICML v HSBC (2023 – ongoing). Josh acts for the Defendant to a c. £10 million claim alleging sale of a property at undervalue. At the interlocutory stage, he successfully obtained an order for security for costs, and other costs orders even upon the event of unsuccessful strike-out applications.
• Aalto Capital LLP v Planmeca Oy (2024 – ongoing). Josh acts for the Claimant, seeking payment of c. £3.6m pursuant to a written agreement (led by Joseph Wigley).
• Josh acts for an investor in a music concert, bringing claims for, inter alia, breach of trust, knowing receipt, dishonest assistance, deceit and misrepresentation (led by Alastair Tomson).
• Asher & Others v Jaywing plc [2022] EWHC 893 (Ch). Acted (led by Joseph Wigley) for the defendant PLC in its successful defence of a £1.25 million claim for the payment of an earnout under a share sale and purchase agreement.
• Re Preferred Management Ltd [2021] EWHC 2953 (Ch). Acted (led by Edward Crossley) for the petitioner in a preliminary issue trial as part of underlying unfair prejudice proceedings to determine an English company’s shareholding in a major Russian insurer.
• Drafting Particulars of Claim for a property development company alleging breach of contract against a lender.
• Drafting numerous pleadings relating to debt claims.
• Advising the purchaser of a yacht on their remedial rights against the seller.
• Successfully applying to set aside default judgment, nearly three years after the judgment date, entered against an individual in respect of unpaid solicitors’ invoices.
• Defending a tax advisory firm against a negligence claim.
• Drafting a Defence for a cannabidiol producer against a claim made in respect of allegedly unpaid invoices.
• Defending a major international banking conglomerate in over 25 County Court trials, each under s. 140A of the Consumer Credit Act 1974, raising issues of limitation, compromise, and unfairness in credit relationships.

• Re Preferred Management Ltd [2021] EWHC 2953 (Ch). Acted (led by Edward Crossley) for the petitioner in a preliminary issue trial as part of underlying unfair prejudice proceedings to determine an English company’s shareholding in a major Russian insurer.
• Financial Technology Ventures II (Q) LP & Others v ETFS Capital Limited [2021] JCA 176 The appeal of a first instance finding of unfair prejudice, and the consequential awarding of a share buyout, in the Royal Court of Jersey. As a pupil, Josh assisted Gregory Denton-Cox, led by Michael Todd KC, in preparing for the hearing of the cross-appeal in the Jersey Court of Appeal.
• Advising a company on the possibility of bringing a claim against a former director for breach of directors’ duties.
• Representing a director of a company at a board meeting at which the Board proposed their removal under s. 168 of the Companies Act 2006.
• Re Brooklands Trustees Limited [2020] EWHC 3519 (Ch) A trial of disqualification proceedings brought against two directors of a company providing self-invested personal pension schemes. As a pupil, Josh assisted Tiran Nersessian in drafting the skeleton argument and preparing for the trial.
• Re Bell Pottinger Private Ltd [2021] EWHC 672 (Ch) Advising as to whether members of a limited liability partnership could be subject to disqualification proceedings under the Company Directors Disqualification Act 1986 (as a pupil, assisting Tiran Nersessian).
• Advising a company on whether the claims of a debtor were barred by the terms of its company voluntary arrangement (as a pupil, assisting Tom Gentleman).
• Advising a company shareholder on defending an unfair prejudice petition arising from alleged misappropriation of business (as a pupil, assisting Tom Gentleman).
• Advising a company on whether it had validly removed a director under s. 168 of the Companies Act 2006 (as a pupil, assisting Tom Gentleman).

Josh is experienced in civil fraud litigation. It has arisen in his practice both from broader commercial disputes as well as from specialist government actions under the Proceeds of Crime Act 2002. He is able to act led or unled.

• Crump v Select Lifestyles (2023 – ongoing). Josh acts for the Claimants seeking the repayment of lending of c. £1.5 million, which the Defendants contend was part of a money laundering scheme (led by Alexander Cook KC and Richard Hanke of 3 Verulam Buildings).
• Stubbs v Walsh (2024 – ongoing). Josh acts for the Defendant to a claim seeking repayment of monies alleged to have been distributed in breach of trust/fiduciary duty (led by Alexander Cook KC and Joseph Howard).
• Josh acts for an investor in a music concert, bringing claims for, inter alia, breach of trust, knowing receipt, dishonest assistance, deceit and misrepresentation (led by Alastair Tomson).
• Republic of Mozambique v Credit Suisse and ors. A claim alleging bribery and unlawful means conspiracy arising out of a sovereign financing transaction. As a pupil, Josh assisted Tom Gentleman (led by Andrew Hunter KC and Sharif Shivji KC), and later was instructed to work on the disclosure elements of the claim.

Insolvency disputes form a major part of Josh’s practice. He is very experienced in making insolvency applications to the Insolvency and Companies Court, as well as in providing advice and drafting in cases with insolvency elements.

• Winding up petitions, rescissions, and associated applications.
• Bankruptcy petitions and associated applications.
• A High Court application on behalf of a landlord creditor to cancel the “Breathing Space Moratorium” of their tenants under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020/1311.
• A successful response to an application to set aside five related statutory demands.
• Advising trustees in bankruptcy as to the effect of successive inconsistent declarations of trust over the trust property.
• Advising the receivers of a defunct club as to the permissibility of various actions pertaining to a surplus from a property sale.
• Advising a creditor on the correct procedure for serving a statutory demand on a charitable unincorporated association.
• Defending a major British bank in several County Court consumer credit trials arising from claims brought by IVA supervisors, raising issues of standing, limitation and set-off.
• Successfully applying to the Magistrates’ Court, on behalf of a company’s liquidator, for the release of cash from HMRC to the company under s. 301(4) of the Proceeds of Crime Act 2002.
• Darty Holdings SAS v Carton-Kelly [2021] EWHC 1018 (Ch) An application to strike out a preference claim on the basis that the payment which constituted the preference post-dated the transaction which severed the connection between the parties. As a pupil, Josh assisted Tiran Nersessian (led by Andreas Gledhill KC) in drafting the skeleton argument and preparing for the hearing.
• Drafting a response to the reply to cost submissions made to an arbitral tribunal, arguing that they fell as provable debts under the Insolvency Rules 2016 (as a pupil, assisting Donald Lilly).
• Advising a company on whether the claims of a debtor were barred by the terms of its company voluntary arrangement (as a pupil, assisting Tom Gentleman).

• Advising a Dubai-based entity on its termination options within a series of contracts
• Advising on the ability of a Bermudian entity to escape a series of contracts (as a pupil, assisting Donald Lilly)
• Advising on the prospective status of a surviving debt to a partial credit bid under the Bermudian insolvency regime (as a pupil, assisting Donald Lilly)
• Advising on the possibilities available to a trustee to advance funds within a Nevis-domiciled international purpose trust (as a pupil, assisting Donald Lilly)
• Assisting Donald Lilly, as a pupil, with proceedings in Gibraltar and the UK relating to the insolvent estate of the late Boris Berezovsky

Josh has substantial experience of matters arising under the Proceeds of Crime Act 2002. He has successfully made applications on behalf of the National Crime Agency and Thames Valley Police under Part V of that Act. He has appeared as sole counsel in the Crown Court and the Magistrates’ Court. Past cases include cash forfeiture applications under s. 298, applications for the release of cash under s. 301, account freezing order applications under s. 303Z1, account forfeiture applications under s. 303Z14, applications to extend the moratorium period under s. 336, and disclosure order applications under s. 357.

As part of his POCA practice, Josh frequently appears against substantially more senior counsel. He has appeared unled against silks on multiple occasions. He has conducted lengthy cross-examinations upon cash and account forfeiture applications, and acted within appeals and judicial review proceedings.

Attorney General’s C Panel of Junior Counsel to the Crown (September 2024 to present)

Member of the Chancery Bar Association

Member of the Commercial Bar Association

Education

2017: BA, Philosophy, Politics and Economics, Magdalen College, Oxford (First Class)

2019: GDL, City Law School (Distinction)

2020: BPTC, BPP Law School (Very Competent)

Awards

2016: Exhibition, Magdalen College, Oxford

2018: Haldane Scholarship, Lincoln’s Inn

2019: Advocacy Scholarship, BPP Law School

2019: Cassel Scholarship, Lincoln’s Inn

2019: One Chancery Lane Prize for Tort Law, City Law School

Mooting

2020: Winner, National BPP Moot

2020: Runner-up, Lincoln’s Inn Inter-Provider Moot

• Spanish (non-native fluent; DELE C1 certified)