Joshua has extensive experience of matters proceeding in the Chancery Division.
The considerable bulk of Joshua’s probate practice is concerned with the formal and substantive validity of wills. Joshua has acted in many cases concerning section 9 validity, undue influence, knowledge and approval, capacity and forged wills.
Joshua has also advised on, and appeared, in many applications for failing to make reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, including:
Joshua has experience in other chancery matters, including:
Lomberg v Roszkowski, Gloucester & Cheltenham CC, HHJ Harington (2017)
Joshua represented the defendant in a claim for £250,000 following a road traffic accident. Liability was admitted but the dispute surrounded a substantial loss of earnings claim as the claimant imported unique Hungarian goods and was prevented from doing so as a result of a significant back injury. The defendant's orthopaedic surgeon was unable to attend trial but the court refused an application to adjourn and the matter proceeded with the claimant's orthopaedic surgeon in attendance only. Joshua cross-examined the claimant on the first day of trial and, by lunchtime, the claimant had taken the defendant's pre-trial offer of £20,000.
Carter v Walker, QBD (2016)
Joshua acted for the defendant in a fatals claim, the vast majority of which sought damages for an increased inheritance tax liability as the deceased passed within 7 years of substantial inter vivos transfers of shares to her son.
Re Fulton, QBD (2016)
Joshua was instructed as sole counsel for a principal contractor, one of three defendants, in a claim and contribution proceedings for over £1 million following a serious spinal injury during an extensive construction project. The matter settled favourably two days before the commencement of trial. Joshua's client took a significantly lower apportionment than the other two defendants.
Ashman v Thomas  EWHC 3806 (Ch)
An interesting case concerning the formal validity of three wills. Joshua successfully argued that the presumption of due execution upon regular attestation arose regardless of any suspicious circumstances, albeit the strength of the presumption may be affected by such circumstances. On the facts, two wills were found to be invalid but a first and earlier will was upheld. The decision on costs has attracted much commentary.
Re Yalcinkaya & Paling, QBD (2015)
Advice and representation in a property damage claim following a series of arson attacks on the Claimants' homes, the last of which caused the house to be destroyed by fire. Pre-trial settlement achieved and approved by the Court.
Re Estlick, QBD (2015)
Advice and representation in an interesting case for loss of enhanced pension provision further to a compromise agreement. The issues went to the construction of the settlement contract and the extent of the Claimant's lost chance given that a third party pensions provider was responsible for determining applications for the enhanced disability pension. Expert forensic accountancy evidence was also called to value the difference between the standard pension and the enhanced pension. Settled favourably at pre-trial JSM.
Silva v Seago, Oxford CC, HHJ Owens (2015)
Successful resistance to an appeal against a decision not to grant relief from sanction, which effectively deprived the Claimant of permission to rely on a rheumatology report that was thought to be worth over £1million to the value of the claim.
Perry v Stevens, Walsall CC, Recorder Bright QC (2015)
Successful multi-track trial arising from a road traffic accident. Following cross examination, the Judge found that the witness for the other side had ‘woven a tissue of lies’. Joshua accordingly sought a referral to the Attorney General for contempt, which was directed by the Court.
Pemberton & Pemberton v Wainwright & Wainwright, Taunton CC, Recorder Whipple QC (2014
Represented a landowner over a two-day multi-track trial with oral expert evidence on both sides. The question for the Court was whether the Defendant, who enjoyed an easement over a 300m drive, was liable to pay for anticipatory flood defence measures under a covenant to contribute to the ‘repair, maintenance and renewal’ of the driveway. The Court accepted that the Defendant was so liable within the terms of the covenant and that the works were reasonable on the expert evidence.
Khaleque v HSBC Trust Company &Ors, Ch D, (2014)
An interesting case in which the deceased promised his wife maintenance over her lifetime provided she forbore objection to divorce proceedings. In the event, the deceased made a non-provision declaration in his will. Claim brought in the Chancery Division for misrepresentation, breach of contract and failure to make reasonable financial provision pursuant to the 1975 Act.
Re Grice (Deceased) (2014)
A claim by the fiancée of the deceased who was killed in a car accident by the tortfeasor before being able to change his will for the benefit of the claimant. Claims against the tortfeasor under the Fatal Accidents Act 1976 and the deceased’s estate by the Inheritance (Provision for Family and Dependants) Act 1975. Settled favourably.
ECS Groundworks v Dominion Mosaic, Central London CC, HHJ Bailey (2013)
Represented a groundworks contractor over a three-day multi-track construction trial raising issues as to the authority of a managing agent in ordering extra works. Claim successful in its entirety, the learned Judge having no hesitation in finding that the Defendant’s agent had implied authority to order the works.
Downing v IMG (2013)
Instructed in a claim for over £450,000 following the delivery of a substandard yacht. Settled favourably.
If you would like to instruct Joshua Hedgman or would like help or advice in doing so, please call and talk to our excellent clerking team, led by senior clerk Alan Kilbey MBE. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at firstname.lastname@example.org
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“Josh is an excellent barrister providing objective advice with his excellent knowledge of common law practice and procedure. He is our first port of call for personal injury quantum advices and with his unassuming natural charisma is our favourite choice for any liability dispute hearings with an untarnished feedback from clients. I would recommend him every time.”
Emma Bradshaw, Principal Solicitor AXA Insurance
Outside of the Bar, Joshua enjoys travel and theatre. He is a Governor of his former secondary school, Farnham Heath End School, and a lecturer in contract law on the Graduate Diploma in Law. He also examines for the leading A-level Law examination board.