Joseph Michael Kelen

Year of Call: 2022

Joseph is a public law and social welfare barrister. He specialises in domestic and international public law, human rights, and business ethics.

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 Joseph is a public law and social welfare barrister. He specialises in domestic and international public law, human rights, and business ethics.

He appears in homelessness appeals, possession proceedings, the First-tier Tribunal and the Court of Protection, and accepts instructions in judicial review across social welfare and health. He also acts for NGOs and campaign groups, and is currently instructed by NGOs objecting to the expansion of an Immigration Removal Centre near Kidlington.

Before coming to the Bar, Joe was a Judicial Assistant at the UK Supreme Court and an Associate at a globally renowned American law firm, specialising in public international law and business and human rights.

Administrative and Public

Overview

Joseph’s public law work covers the breath of Chambers’ practice including judicial reviews, public inquiries, social welfare and health, human rights and international law.

Notable Cases

Drafting submissions to refuse an appeal of a Court of Protection decision not to discharge a Transparency Order.

Research on the application of the Equality Act 2010 in the context of trans rights.

Drafting submissions to the Court of Appeal to refuse an appeal of a High Court decision on the circumstances in which a regulatory body may owe a duty of care.

As a Judicial Assistant at the Supreme Court:

  •  Shvidler v FCDO [2025] UKSC 30 on the approach of appellate courts to proportionality in human rights cases; and the proportionality of sanctions imposed on two individuals.
  •  Jwanczuk v DWP [2025] UKSC 42 on discrimination and bereavement support payments; and the approach to conflicting judgments across the UK’s jurisdictions.
  •  Simkova v DWP [2025] UKSC 41 on access to universal credit and EU citizens with pre-settled status.

Joseph was also involved in permission to appeal applications in:
Secretary of State for the Home Department v George (UKSC/2024/1008), on deportation and imperative grounds of public security.

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Claims Against the Police and Public Authorities

Overview

Joseph acts in the full range of civil work against public authorities. He specialises in civil claims and public law proceedings arising out inquests and inquiries, including settlements relating to the Human Rights Act, Fatal Accidents Act and other claims.

Notable Cases

Research for a case involving the illegality defence and both common law and Human Rights Act (HRA) Claims.

Assisting in the cross-examination of a key witness in a multi-million pound clinical negligence claim.

As a Judicial Assistant at the Supreme Court:

  • CCC v Sheffield Teaching Hospitals NHS Foundation Trust (UKSC/2023/0111) on lost years earnings from the NHS.
  • Lewis-Ranwell v G4S Health Services [2026] UKSC 2 on the illegality defence in clinical negligence claims.

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Community Care Law

Overview

Joe acts in the full range of community care practice, which spans age assessments, asylum support, support for victims of trafficking, welfare benefits, and health and social care.

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Welfare Benefits Law

Overview

Joe is happy to accept instructions in welfare benefits cases. He is an experienced tribunal advocate with particular expertise in Universal Credit, Personal Independence Payment (PIP) and Employment and Support Allowance, as well as cases concerning right to reside and eligibility.

Joe is also happy to advise on the use of exceptional case funding for welfare benefits cases that are out of scope for legal aid.

Notable Cases

In the First-tier Tribunal, Joseph successfully obtained full enhanced benefits on both the mobility and daily living components, overturning an original decision which awarded an individual 2 out of a maximum of 86 points.

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Court of Protection

Overview

Joe accepts instructions in all areas of Court of Protection work, primarily in health and welfare and deprivation of liberty cases.

Notable Cases

Drafting submissions before the High Court to refuse an appeal of a Court of Protection decision not to discharge a Transparency Order.

Drafting submissions in a complex section 21A challenge regarding repeated placement failures.

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Housing Law

Overview

Joseph conducts work across all areas of housing law, including homelessness, allocations, possession, disrepair, in addition to accommodation related aspects of community care law.

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Planning Law

Overview

Joe has a broad background in planning law. He represents both developers,  objectors and local authorities.

His work includes planning and enforcement appeals, statutory reviews and appeals, examinations in public and planning enforcement proceedings in both the civil and criminal courts, and even tax matters arising from it.

Joe is currently instructed by NGOs objecting to the expansion of an Immigration Removal Centre (IRC) near Kidlington.

Notable Cases

  • Drafted advice on Environmental Impact Assessments, Biodiversity Net Gain, planning obligations and conditions, and the unauthorised removal of trees from land,
  • Drafted skeleton arguments on appeals to the High Court relating to the Community Infrastructure Levy.
  • Appearing in the examination by the Planning Inspectorate of East Park Energy, a solar energy scheme capable of generating more than 50 megawatts of renewable energy.

As a Judicial Assistant at the UK Supreme Court, Joseph was involved in the following planning and environmental law cases:

  • Darwall v Dartmoor National Park Authority [2025] UKSC 20 on the public’s right to camp on Dartmoor Commons.
  • Save Stonehenge v Secretary of State for Transport (UKSC/2024/1004) on the legality of the road development scheme near Stonehenge.
  • Walthen-Fayed v Secretary of State for Housing (UKSC/2024/0081) on the development of a crematorium near to a housing development.

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Commercial and Business Ethics

Overview

Joseph accepts instructions on group litigation and conflict of laws matters, having taught Conflict of Laws at UCL, and specialising in matters of jurisdiction and choice of law at Cambridge and Harvard. His research has included:

  • Quantifying the value of environmental damages in Environmental and Social Governance (ESG) claims.
  • Analysing company obligations regarding international human rights standards.

Prior to becoming a barrister, Joseph worked in a business and human rights practice, a global market leader, advising on modern slavery.

He holds Masters in Behavioural Economics from Warwick University, with a focus on ESG; and Law at Harvard, focusing on corporate standards. His research included:

Notable Cases

As Judicial Assistant at the Supreme Court, Joseph was involved in the permission to appeal application in The Estate of José Luis Cutrale in a claim brought by descendants of orange farmers for alleged anti-competitive practices by a Brazilian multinational.

Joseph has also assisted Robert McCorquodale, member of the United Nations Working Group on Business and Human Rights.

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Garden Court International

Overview

Joseph regularly works with grassroots campaigners, high-profile charities and NGOs on international human rights cases, with his background as an attorney in international human rights and Public International Law. These include:

  • Submissions on sanctions relating to the Magnitsky Act 2018 and Sanctions and Anti-Money Laundering Regime.
  • Submissions before the African Commission on Human Rights regarding allegations of genocide in Tigray.
  • Submissions before arbitral tribunals in relation to national security measures and environmental protection.

Joseph also has a background in Investor-State arbitration.

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Notable Cases & News

Background

Joseph also brings a public policy background, having been a policy advisor to a minister and supported the introduction and drafting of proposed legislation on ESG matters.

He holds a first class degree in law from Cambridge University, an LLM from Harvard, and an MSc in Behavioural Economics.

Education

  • 2021 – 2022: LLM, Harvard Law School, Honours.
  • 2020 – 2021: Bar Vocational Course, City University, Distinction.
  • 2018 – 2020: BA (Senior Status), Cambridge University, First Class.
  • 2017 – 2018: MSc, Behavioural Economics, Warwick University, Distinction.
  • 2014 – 2017: BA, Philosophy and Psychology, Durham University, Double First Class.

Languages

French (advanced)

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