"frighteningly bright and someone who is possessed of ability beyond his years of calling"
"one of those people with a towering intellect, who's just able to verbalise things so well" - Chambers UK 2015: Court of Protection: Property and Affairs
"very bright, thorough and easy to work with. He can explain things very clearly and has a good courtroom manner" - Chambers UK 2015: Traditional Chancery
"an absolutely first-class mind" - Legal 500 2014: Private Client: Trusts and Probate
"a phenomenally bright barrister who offers excellent technical advice" - Chambers UK 2014: Court of Protection: Property and Affairs
"wins glowing praise from market sources for his technical ability and communication skills" - Chambers UK 2014: Pensions
"a very solid junior and a serious contender for smaller cases that require a high-quality barrister to appear without leading counsel" - Legal 500 2013: Pensions
"helpful, thorough and altogether excellent junior counsel" - Chambers UK 2010: Traditional Chancery
Joseph Goldsmith has a traditional Chancery practice that incorporates a wide range of contentious and non-contentious work. His practice has a particular emphasis on: pensions; trusts; wills, probate and the administration of estates; capital taxes and estate planning; proprietary estoppel; claims under the Inheritance (Provision for Family and Dependants) Act 1975; real property; and related professional-negligence matters.
He has experience of appearing in the Court of Appeal, the High Court, the County Court and in both the First-tier Tribunal and the Upper Tribunal in relation to tax, pensions and other Chancery matters.
Joseph has a particular interest in issues relating to mental incapacity and the Mental Capacity Act 2005, on which he has written and lectured widely. He appears regularly in the Court of Protection, where he is often instructed by the Official Solicitor, particularly in relation to statutory wills and applications for lifetime gifts by persons lacking capacity.
He also practises in the field of ecclesiastical law and accepts instructions to appear in the consistory courts and other ecclesiastical tribunals.
Joseph was recommended by Chambers UK in 2007 and 2008 as an up-and-coming Chancery junior and has been recommended as a leading junior in the traditional Chancery field by Chambers UK in every year since 2009. In 2010, he was described as a "helpful, thorough and altogether excellent junior counsel". In 2014, Chambers UK recorded that "particular praise is given to his drafting skills." The Legal 500 recommended him in 2014 as a leading junior for trusts and probate, describing him as an "absolutely first-class mind".
He is also recommended by both Chambers UK and the Legal 500 for his pensions work. Chambers UK 2014 described him as having been "involved in many of the most significant pensions cases over the past year." In Chambers UK 2015, he was described as "a studious, hard-working chap who is very good on the paperwork".
For several years, Joseph has been recommended by Chambers UK as a leading junior for property-and-affairs work in the Court of Protection. In Chambers UK 2014, he was described as "realistic about the stance of parties, friendly and a pleasure to work with. On his feet he is understated yet effective. He does not go in for histrionics – when he says something, you know it is worth paying attention."
Joseph’s notable cases include:
Joseph is an accredited mediator, having been trained through ADR Chambers. He is prepared to accept instructions both to act as a mediator and to represent parties at mediation.
Joseph is a member of the Chancery Bar Association, the Property Bar Association and the Ecclesiastical Law Society.
Joseph has assisted with Dymond’s Capital Taxes and is a contributor to Heywood and Massey: Court of Protection Practice. He has contributed to the volume of The Encyclopaedia of Forms and Precedents concerning wills and the administration of estates and to Tolley’s Finance and Law for the Older Client, in which he wrote a new chapter on lasting powers of attorney for personal welfare matters. He is also the author responsible for the chapters on the appointment of trustees and reverter-to-settlor trusts in Tolley’s Trust Drafting and Precedents. Joseph has also provided case summaries to Private Client Adviser (formerly known as Elderly Client Adviser) and has written for the Trust Quarterly Review.
Joseph has lectured on, or has recorded "podcasts" in the fields of, mortgages and misrepresentation, mental capacity, wills, probate, trusts and related taxation. The topics of his most recent lectures and podcasts have included capacity to litigate, the Court of Protection, the Perpetuities and Accumulations Act 2009 and misrepresentation/undue influence in the context of third-party guarantees of mortgage loans.
Joseph attended Hereford Cathedral School and was an exhibitioner of Brasenose College, Oxford, where he obtained a first-class degree in modern history. He obtained a post-graduate diploma in law with distinction from City University, London, and achieved the highest mark in his year on the Bar Vocational Course. Joseph is a Lord Mansfield, Lord Bowen and Hardwicke Scholar of Lincoln’s Inn, which named him "Student of the Year" upon his call to the Bar in 2003.