Josh Holmes is a barrister at Monckton Chambers, particularly known for its expertise in EU and competition, human rights, commercial, value added tax and customs law.

Josh read law at the University of Oxford and Harvard University, and was called to the Bar in 1997. Initially taking a pragmatic approach and choosing law because it is a versatile degree, Josh fell in love with the subject. He was always more attracted by the Bar: “As a self-employed barrister, you’re responsible for your own practice and you have more freedom to decide how to develop your career.”

Josh had a peripatetic journey from university to Monckton. He did his pupillage at Blackstone Chambers and at the European Commission in Brussels. After qualifying, he accepted a fellowship at New College, Oxford, and spent several years teaching in and researching EU and competition law. He was then offered a position at the European Court of Justice (ECJ) in Luxembourg, working as a referendaire (legal secretary) to the UK advocate general, Francis Jacobs. He explains: “I was referendaire from 2003 to 2005 and really enjoyed working at the heart of Europe. Each advocate general and judge has several referendaires whose job it is to help research the legal questions raised in cases before the court and to work on draft opinions and judgments.”

Following his time in Luxembourg, Josh decided that he wanted to return to practice as a barrister. He chose Monckton as one of the two or three sets specialising in EU and competition law because he liked the forward-looking, dynamic atmosphere of the set. He explains his views on the route to practice: “In the field of EU law, it is helpful to have done something more than just an undergraduate degree before you start. That might be postgraduate study or work in a European institution – for example, doing a ‘stage’ at the European Commission or working at the ECJ. Really, it’s anything that can give you background and experience, and the chance to develop your language skills, which are important to EU law.”

Josh’s practice involves a large mixture of work at the UK and EU levels. He comments: “In the United Kingdom, it is mostly competition work and will involve either advising companies in their dealings with the Office of Fair Trading (OFT) or the sectoral regulators, or assisting the regulators themselves. The work is stimulating and challenging: it involves economic analysis as well as legal interpretation, and you quickly become familiar with the workings of particular industries. I’ve done a lot of work in relation to telecommunications and pharmaceuticals, for instance. On the EU side, my work has involved advising public authorities and companies on the interpretation of EU law, and representing companies being investigated by the European Commission in Brussels.”

Of his experiences in court, Josh comments: “Working in the EU/competition field involves less court work than, say, criminal law. A greater proportion of the work is advisory. When you do appear before a court or tribunal, you are usually led by a silk, who does the advocacy. Your role is to help with preparing the written submissions, speaking notes for your leader or questions for cross-examination. There are still opportunities to present cases orally, but they are usually at the interlocutory stage rather than at the main hearing, or when representing clients before a regulatory authority like the OFT.”

One of the high points of Josh’s practice to date was acting for surfwear company Animal in a long-running IP dispute against sunglasses manufacturer Oakley. He says: “I was called in because several interesting points of European law had arisen at first instance. One of the issues was before the Court of Appeal. The case attracted a lot of attention, the attorney general intervened and it was very satisfying when we won. Another issue was referred to the ECJ. I drafted the written submissions, but unfortunately the litigation settled before the hearing in Luxembourg.”

After his first two years, Josh is extremely positive about practice at the Bar: “I like the intellectual challenge and the fact that you’re responsible for the advice you give. In a big law firm the opportunities to make strategic decisions are fewer and further between, particularly in the early years. I also enjoy the oral advocacy – that’s important for anyone who wants to become a barrister.” He accepts, however, that the Bar comes with a greater level of uncertainty: “You never know for sure what you will be working on next, but your confidence grows when you see the same clients returning with further instructions.”

Finally, Josh offers his advice to those interested in practising EU law: “Try and gain relevant background experience so that you can show you are really interested, because it is highly specialised and chambers will want to know that you are going to stick at it and thrive. So the more experience the better. For example, you may want to try working with an NGO or EC institution, or gaining a graduate qualification. Most of the Inns of Court offer scholarships to do internships in Brussels or Luxembourg, which is an avenue well worth exploring and shows real commitment to the field.” He adds, in reference to all fields of practice: “You have to have a firm degree of determination and you mustn’t be easily put off; you’ve got to stick at it and see it through.”