Direct Access Barrister
Joshua John Folkard
Direct Access Barrister
Joshua John Folkard
Josh accepts direct access instructions for: (i) civil/commercial trials in the High Court; (ii) substantial trials in the County Court; and (iii) appeals to the Court of Appeal (Civil Division). Josh appears as sole Counsel, sometimes leading junior Counsel, in the Business and Property Division (previously the Chancery Division), now including the Commercial Court, and the King's Bench Division including the Technology and Construction Court. He also accepts direct access instructions for sports work which does not necessarily involve trials.
Area of Law
Asset Recovery
Josh is a leading junior in the field of civil asset recovery. He has acted in numerous litigation and arbitration cases concerning the recovery of assets, including fraudulent conveyance allegations.
Josh has experience of deceit, misrepresentation, breach of fiduciary duty and breach of Companies Act duty claims. Within the crypto sphere, he has acted in contested hearings of Norwich Pharmacal and Bankers Trust applications against a cryptocurrency exchange; and represented the victim of a sophisticated cryptocurrency scam including at a hearing for urgent Norwich Pharmacal relief, raising question of whether such relief can be sought against Persons Unknown.
Josh sits on the Expert Panel for the Law Commission’s law reform project: ‘Digital assets: which law, which court?’, looking in particular at the applicable law rules in relation to crypto currencies and decentralised finance. He lectures on the applicable law of property, with a particular focus on digital assets, at University College London.
Business and Corporate
Josh acts in a wide variety of business and corporate disputes, including unfair prejudice cases brought by minority shareholders. He has acted in substantial unfair prejudice trials, including expert valuation evidence.
Commodities
Josh is ranked as a leading junior by the Legal 500 in commodities. He has worked on several GAFTA cases, including: (i) as junior counsel in Alegrow SA v Yayla Agro Gida San Ve Nak AS [2020] EWHC 1845 (Comm); [2021] 1 Lloyd’s Rep 565, resisting a section 69 appeal on a point of law from a GAFTA Appeal Award; and (ii) in a GAFTA arbitration relating to the sale of Durum wheat. Josh has recently acted as sole counsel in a significant claim relating to the loss of iron ore abroad.
Fraud
Josh is a leading civil fraud junior. He has acted in numerous litigation and arbitration cases concerning fraud or alleged fraud, including in the automotive, commodities, crypto, financial services, private equity and property development industries.
He has experience of deceit, misrepresentation, breach of fiduciary duty and breach of Companies Act duty claims. Within the crypto sphere, Josh has acted in contested hearings of Norwich Pharmacal and Bankers Trust applications against a cryptocurrency exchange; and represented the victim of a sophisticated cryptocurrency scam including at a hearing for urgent Norwich Pharmacal relief, raising question of whether such relief can be sought against Persons Unknown.
Josh sits on the Expert Panel for the Law Commission’s law reform project: ‘Digital assets: which law, which court?’, looking in particular at the applicable law rules in relation to crypto currencies and decentralised finance. He lectures on the applicable law of property, with a particular focus on digital assets, at University College London.
Insolvency and Restructuring
Josh’s company and insolvency cases include:
LM-2026-000006 UK Live Limited (in administration) v Smith and others: Sole Counsel in claim by company in administration against its former directors for financial mismanagement.
CR-2025-000795 Fritz, Davis, Fibinger, Munari & Thurnherr v Lykke Corp UK Limited: Sole Counsel for 85 international creditors of a crypto-exchange in: (i) application for appointment of provisional liquidators over the exchange to prevent asset dissipation; and (ii) applications on the exchange’s winding-up, including for continuation of the provisional liquidators as liquidators.
Insurance and Reinsurance
Josh is ranked as a leading junior by the Legal 500 in insurance and acts in both insurance litigation and arbitration. He frequently acts for policyholders, such as in cases involving: (i) policy coverage in relation to the legal costs of two arbitrations; (ii) D&O insurance cover in relation to fraud/fiduciary duty claims against directors; and (iii) ATE policies written on behalf of an insurer.
Josh appeared as Junior Counsel for the policyholder in the leading case of Euro Pools v Royal and Sun Alliance [2019] EWCA Civ 808; [2020] 2 All ER (Comm) 40, and has advised on numerous notification issues post Euro Pools including under: (a) an accountant's professional indemnity insurance policy; and (b) an architect's PI policy, including in relation to declinature and avoidance.
Partnership and Joint Ventures
Josh has acted in several partnership and joint venture disputes, including:
CC-2024-BHM-000020 WE Hewitt & Son Limited v Tillers Turf Company Ltd. & S Hutton Ltd.: Dispute arising from the breakdown of a joint venture providing pitches to Premier League and international football clubs/stadia.
Jurisdiction challenge relating to fraud claims brought in relation to a joint venture to develop a logistics hub.
Private International Law
Josh is a specialist in private international law/the conflict of laws. He is regularly instructed in cases concerning service out, the pleading and proving of foreign law and the recognition and enforcement of judgments/arbitral awards.
Josh has advised in relation to witnesses called to give evidence pursuant to Letters of Request under the Evidence (Proceedings in Other Jurisdictions) Act 1975 / Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters 1970.
Alongside full-time practice, Josh teaches International Commercial Litigation and Conflict of Laws at University College London and has published extensively in those areas, including in Hart Publishing’s Landmark Cases in Private International Law. He is also on the Expert Panel for the Law Commission’s law reform project: ‘Digital assets: which law, which court?’
Professional Negligence
Josh is listed by the Legal 500 as a Leading Junior in professional negligence. He has acted for numerous Claimants, including:
LM-2026-000006 UK Live Limited (in administration) v Smith and others: Sole Counsel in claim by company against its former directors for breaches of shareholders’/service agreements, negligence and breach of Companies Act duties
Sole counsel in claim arising from negligent advice relating to portfolio of contracts concerning commercial property deal.
Josh has acted in several professional negligence cases against solicitors and barristers, including Habilis Healthcare Limited and others v EMW Law LLP and others [2021] EWHC 2804 (QB) concerning a substantial negligence claim against a barrister.
Property
Josh has acted in several mortgage cases, including claims against LPA Receivers claiming sale at an undervalue and injunctions to restrain the sale of property by banks and other mortgagees.
Sport
Josh has appeared in numerous claims concerning sports clubs and sportsmen and women, in particular in the football arena. He also accepts pro bono instructions to act in anti-doping; athlete selection and eligibility; discipline; and athlete and player contract cases. Josh's cases include:
FA Rule K football arbitration between player and agent.
FA Rule K football arbitration between player and club.
Acting pro bono for an international track and field athlete in anti-doping investigation arising from Adverse Passport Finding.
Successfully defending a football referee pro bono at the hearing of a misconduct charge under FA Rule E3.1 (as part of the Advocates Advising and Representing Football Referees scheme).
Representing pro bono an amateur cyclist accused of EPO doping violation.
Acting pro bono as athlete’s representative on panel selection for Winter Olympic Games, resulting in urgent arbitration to resolve selection challenge.
Prior to coming to the Bar, Josh worked as a football referee with the Hampshire Football Association and in that capacity attended several disciplinary hearings as a witness.
What sort of work do I do?
Josh appears in trials and hearings relating to a wide range of civil/commercial work including: civil fraud and asset tracing, company disputes including unfair prejudice, insurance, partnership disputes, professional negligence, property disputes including mortgages, digital assets including cryptocurrency and sports law.
He came joint top of his year in law at Oxford and handles cases with significant legal complexity. Josh cross-examines factual and expert witnesses and has worked on cases involving expert evidence of banking, company and property valuation, estate agency, forensic accounting, foreign law and insurance underwriting.
Who do I work for?
Josh’s clients include SMEs and individuals. He recently appeared for two individuals in the Court of Appeal at: (i) a ‘rolled up’ hearing of a permission to appeal application and the (immediately following) substantive appeal; and (ii) an oral permission to appeal hearing, leading a junior barrister.