Joseph Evans
Joseph is a solicitor-advocate who undertakes all aspects of commercial litigation work, specialising in insolvency disputes.
Joseph assists officeholders with their investigations into insolvent companies and individuals, both in the UK and overseas, with a view to recovering misappropriated funds for the estates. Joseph works on cases involving fraud, misfeasance, negligence and tax avoidance.
Joseph often acts for claimants on a contingent basis where appropriate. Joseph also has a specialist practice advising stakeholders on structuring alternatively-funded cases, including implementing litigation funding and CFA/DBA arrangements.
Practice Areas
Panel
- Contributing Author
Experience
- Charles Russell Speechlys (2021 - Present)
- Gateley (2014 - 2021)
Qualifications
- LLB (2013)
- LPC and LLM (2014)
Education
- University of York (2010-2013)
- University of Law (2014)
6 Contributions by Joseph Evans
PRACTICE NOTES
A Practitioner's Guide to Third-Party Litigation Funding in England and Wales: Champerty and Maintenance, LFAs, PACCAR, Regulation, Costs Recovery, Non-Party Costs Orders and Security for Costs
What is third party litigation funding?
Third party funding (TPF) is now a significant element of the UK litigation landscape. This Practice Note addresses TPF obtained by a litigant under a litigation funding agreement (LFA) with a commercial litigation funder, or another person who finances the case yet is not a party to the proceedings. A commercial funder’s objective is to invest for a prospective return, whereas a litigant typically seeks TPF either to pursue litigation they could not otherwise afford (thereby facilitating access to justice), or to manage their own financial exposure to the costs of bringing a case. Lord Justice Jackson, who led the 2010 Civil Litigation Costs Review, characterised TPF as funding provided by someone with no pre-existing interest in the dispute, commonly arranged on terms that:
the funder is paid from any sums recovered as a result of the litigation, often as a percentage of the amount obtained; and
the funder receives nothing if the claim is unsuccessful.
TPF...
Dispute Resolution
PRACTICE NOTES
Conditional Fee Agreements in England and Wales: scope, statutory requirements, success fees, drafting and variation, client consent, termination, enforcement, and key case law
What is a CFA?
A conditional fee agreement (CFA) is an arrangement with a professional providing advocacy or litigation services under which their fees and expenses, in whole or in part, are payable only when certain specified conditions arise. CFAs commonly include provision for a success fee. In short, a CFA is taken to provide for a success fee where, in defined circumstances, the amount of the applicable fees is increased above the figure that would have been due if payment were not restricted to those circumstances. For a fuller discussion of success fees, see the section ‘Success fees’ below and the Practice Note: Conditional fee agreements—success fees. Note that particular provisions, including those relating to success fees, apply when a CFA is used in personal injury, clinical negligence and mesothelioma claims, and these are not covered in this Practice Note. For those provisions, see: PI and clinical negligence developments—overview and the Practice Note: Conditional fee agreements after 1 April 2013—personal injury and clinical negligence...
Dispute Resolution
PRACTICE NOTES
DBAs under the 2013 Regulations (England and Wales): Worked examples comparing early settlement and trial, and how damages, inter partes costs, counsel's fees and VAT are treated
This Practice Note sets out two straightforward examples showing how a damages-based agreement (DBA) functions in practice by reference to the Damages-Based Agreements Regulations 2013 (DBA Regulations 2013), SI 2013/609. The purpose of these examples is to help you grasp the operation of a DBA and the scope for disagreement that can emerge between you and a client depending on whether the dispute concludes early or proceeds all the way to trial.
Example 1 Scenario
A solicitor advises their claimant client that the claim against the defendant has a damages value of £150,000. The solicitor and client agree a DBA under which, if the client succeeds, the sum payable by the client to the solicitor is fixed at 50% of any damages recovered. The claimant’s solicitor sends a pre-action protocol letter to the defendant and the matter settles for £90,000 without recourse to proceedings. On a time-costed basis, the claimant’s solicitor would have billed £5,000 for the work carried out. The defendant also agrees to meet those costs.
How are the damages and costs dealt with? The DBA payment is set at £45,000, being 50% of the damages received on settlement...
Dispute Resolution
PRACTICE NOTES
Legal professional privilege in corporate and personal insolvency: office-holder powers, statutory examinations, waiver, joint and common interest, and communications with solicitors, directors, creditors, funders and assignees (England and Wales)
This Practice Note explores typical practical matters that emerge around legal professional privilege (LPP) within corporate and personal insolvency processes and related proceedings. For guidance on the foundational principles of privilege, and the reasons underpinning them, see Practice Note: Privilege-general principles. For broader material on LPP, including the tests for both legal advice privilege and litigation privilege, together with recognised exceptions, see Practice Note: Legal professional privilege in civil proceedings.
General principles-corporate insolvency
Within a corporate setting, privilege in any document belongs to the company. An insolvency office-holder appointed in respect of the company, stepping into the company’s position, is therefore entitled to obtain and examine documents created before the company entered the insolvency process. In relation to any such documents obtained, the office-holder may assert or relinquish any claim to privilege that the company could previously have asserted against third parties. That position mirrors the status the company itself would have held before insolvency commenced under the applicable law. For details on an office-holder’s waiver of privilege, see ‘Waiver of privilege’ below...
Restructuring & Insolvency
PRACTICE NOTES
Litigation funding reform in England and Wales: Jackson to PACCAR, CJC 2025 recommendations, and proposed regulation of LFAs, DBAs, CFAs and collective proceedings
A wide range of examinations into various facets of litigation funding, together with ideas for its reform, have been undertaken. Only some, though certainly not all, have culminated in legislation. This Practice Note presents an overview of the differing proposals and the implementing measures that have brought them into effect.
Civil Justice Council—review of third party civil litigation funding
In the Spring of 2024 the Lord Chancellor asked the Civil Justice Council (CJC) to carry out a review of third party civil litigation funding.
Final report
The CJC issued its final report on 2 June 2025. The report put forward a package of reforms to litigation funding, including:
legislation to overturn the Supreme Court’s decision in PACCAR, designed to operate both retrospectively and prospectively...
Dispute Resolution
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