Joseph Kosky

Joseph qualified as a solicitor in 1981 and is a vastly experienced disputes resolution practitioner. He has over 43 years’ experience in a wide range of commercial litigation and arbitration matters. Although a truly general disputes lawyer, with a varied and eclectic practice spanning a wide range of clients, from individuals through to Governments, Joseph specialises in complex, and very often cross-border disputes, including those concerning state immunity and jurisdictional issues.

Throughout his career, Joseph has handled a significant number of difficult and very substantial cases, including cases litigated in the higher appellate courts of England (Court of Appeal and the House of Lords/Supreme Court). A list of the reported cases that Joseph has been involved with is set out below.

Historically, a significant number of Joseph’s clients have been based in the Middle East where he has widely travelled and where he maintains a network of contacts. In particular, for over 40 years Joseph has advised various individuals, companies, Government Ministries, banks and other state owned entities in respect of a wide range of legal issues. Notably, Joseph advised the Government of Iraq and several state owned entities including state owned Iraqi banks and the Iraqi state airline with litigation in London involving claims of in excess of $1.8 billion arising from the invasion of Kuwait in 1990. The dispute (Kuwait Airways v Iraqi Airways Company) was the longest running case (or series of cases) in the history of the English Commercial Court, spanning over 22 years. Joseph led the team of English and Iraqi lawyers which negotiated the settlement of the dispute after more than two decades of litigation. The case resulted in various judgments in the High Court, Court of Appeal and the House of Lords, which have been cited in hundreds of judgments in England, as well as in other common law jurisdictions, and is the subject of many article in legal and academic journals. A press release issued on the settlement of the case can be found here.

Joseph is sought out by clients seeking an extremely experienced litigator who is able to find the best strategy to achieve their commercial objectives and put them in the strongest possible position either to succeed or settle advantageously. Joseph’s advice is always no-nonsense and both legally and commercially astute. His views are also sought by clients and professional colleagues as éminence grise, when faced with complex, sensitive situations.

Relevant experience:

• A claim to recover approx. €11m invested in failed Ukrainian financial instruments.
• Advising in relation to dispute between siblings concerning alleged embezzlement of hundreds of millions of dollars from a large Middle Eastern family owned business.
• Advising in relation to dispute between siblings in a wealthy Middle Eastern family concerning the management and alleged misappropriation of income generated and capital from a portfolio of assets located in Iraq valued at approx. $90m
• Advising in relation to a dispute concerning a claim for in excess of $40m for an alleged fraud on investors in a forex trading company involving proceedings in London and the US.
• A claim by the Ministry of Foreign Affairs of a foreign state to recover funds misappropriated from one of its embassies by a senior diplomat.
• A claim by a property investment fund for damages for negligence against its solicitors in respect of a proposed acquisition of a property portfolio.
• A claim for approx. $17m by a foreign bank against another foreign bank under three counter-guarantees.
• A claim for approx. $8m due under a project management contract regarding infrastructure engineering and construction projects in Abu Dhabi.
• A claim by a foreign bank against another foreign bank relating to an unauthorised transfer made in breach of mandate.
• A claim by a property investment fund against a firm of solicitors for alleged negligence arising from the acquisition of a property portfolio.
• A claim for against a firm of accountants for alleged negligent tax (CGT) advice.
• A claim for alleged negligence against pension trustees for investing in non tax allowable assets.
• A claim for negligence against a firm of solicitors in respect of the acquisition of three properties in which the vendor had no valid title.
• A claim by the vendor of a property sold at auction against auctioneers for the alleged negligent management of an underwriting contract.
• A claim under a contract to purchase copper between a Russian supplier and a Middle Eastern manufacturer.
• A claim by the Ministry of Justice of a foreign State for the recovery of funds stolen by means of an email phishing fraud.
• A claim by minor beneficiaries of an offshore trust against the trustees to reconstitute the assets of a Jersey trust transferred in breach of trust.
• A claim for damages arising from the breach of a joint venture agreement relating to oil contracts with a West African state.
• A dispute between an European energy company and Nigerian joint venture partners relating to oil contracts with the Nigerian state.
• A claim to recover $17m allegedly procured for the purpose of fraudulent investments.
• A contested probate claim concerning a dispute regarding the assets of a deceased domiciled in the Middle East, located in England and the Middle East.

Reported cases:

JKX Oil & Gas Plc v Glengary Overseas Limited (2015) Bus LR 1395: A claim to set aside notices served on shareholders by the defendant company under its articles of association, restricting the shareholders from voting at a meeting of shareholders, on the basis that the directors had “reasonable cause to believe” that the shareholders had given false or materially incorrect answers to notices pursuant to s.793 of the Companies Act 2006 seeking information as to voting and other arrangements affecting the company’s shares.

Thunder Air Limited v Hilmar Hilmarsson (2008) EWHC 355 Ch: A claim under the Torts (Interference with Goods) Act 1977 involving cross border jurisdictional issues.

Kuwait Airways Corporation v Iraqi Airways Company (2003) 1 Lloyd’s Rep 448 / Kuwait Airways Corporation v Iraqi Airways Company (2002) 2 WLR 1353 / Kuwait Airways Corporation v Iraqi Airways Company (2001) 1 WLR 429 / Kuwait Airways Corporation v Iraqi Airways Company (2000) TLR 31.5.2000 / Kuwait Airways Corporation v Iraqi Airways Company (1998) 1999 CLC 31 / Kuwait Airways Corporation v Iraqi Airways Company (1995) I WLR 1147 / Kuwait Airways Corporation v Iraqi Airways Company (1994) 1 WLR 984:See above. The Kuwait Airways litigation involved claims for approximately $1.8 billion arising out of the seizure of aircraft and inventory (spares and equipment) by the Iraqi State during the invasion of Kuwait in 1990.

Rafidain Bank v Agom Universal Sugar Trading & Anr 1987 3 All ER 859: A claim by an Iraqi state owned bank to recover $12m alleged to have been stolen by political opponents.

United trading Corporation SA & Anr v Allied Arab Bank & Ors/Murray Clayton Limited & Anr v Rafidain Bank & Ors [1985] 2 Lloyd’s Rep. 554: A claim by a supplier of foodstuffs relating to the alleged fraudulent calling of performance bonds by the buyer to the value of approx. $40m.

IE Contractors Limited v Lloyds Bank and Rafidain Bank CA (1990) 2 Lloyds Rep 496: A claim relating to the form of demands under performance bonds and counter-guarantees to the value of approximately $5m.

Arab Monetary Fund v Jawad Hashim & Ors LTL 17/7/2000, Arab Monetary Fund v Jawad Hashim & Ors (1997) LTL 9/6/1999, Arab Monetary Fund v Jawad Hashim & Ors Nos. 1-9 (1991-1994): A claim to recover monies ($150m approx) alleged to have been obtained by fraud by a former President of the Arab Monetary Fund and other officers of the fund and damages for losses incurred by unauthorised investments.

Arab Monetary Fund v Jawad Hashim and Bernard Sunley & Sons Limited (1996) LTL 10/2/1996: A claim to recover a secret profit (a bribe) alleged to have been paid by a contractor to a former President of the Arab Monetary Fund.

Ghanim Kasir v Darlington & Simpson Rolling Mills Limited (2001) LTL 1/5/2001: A claim by a local agent to recover commissions for supplies of steel made to various Middle Eastern states.

Sisko Pappadakis v V Pappadakis & A Pappadakis & Abbey Life Insurance Co Limited LTL26/1/2000: A case involving the construction and validity of a deed of trust relating to an insurance policy.

Christopher James Hamer and Lockville Trustees Limited v French LTL 18/3/1997: A claim involving the rights of a beneficiary under a company pension scheme.

Ahmed Faraj Mohammed v Bank of Kuwait and Middle East 1996 1 WLR 1483: A claim involving the pension rights of an employee of a Kuwaiti Bank giving rise to jurisdictional issues.

R v Inland Revenue Commissioners Ex P. Preston (1985) AC 835: A claim involving the validity of a settlement between the Inland Revenue and a taxpayer.

O’Sullivan v Management Agency and Music (1984) 3 All ER 351: A landmark claim involving the validity of contractual arrangements between a performing artist and his management and record label.