Joanna Smith QC

Commercial CV

Joanna advises and appears in mainstream commercial/chancery litigation on a regular basis.  By way of example, she has recently:

• Appeared in the Court of Appeal on case concerning the scope of solicitors' retaining liens: Withers LLP v Langbar International Ltd [2011] EWHC 1151
  
  
• Advised and appeared in a £30 million claim by a world leading company in the fields of advertising and marketing for breach of restrictive covenants in a Share Purchase Agreement.  This case is listed for a 4 week trial in November 2012.
  
  
• Advised and appeared in the Grand Court of the Cayman Islands in a dispute concerning a joint venture agreement for the development of an ocean front site.
  
  
• Appeared in the Chancery Division to oppose the grant of a worldwide freezing injunction.
  
  
• Advised and appeared for clients based in Monaco on a multi-million pound claim for breach of an existing settlement agreement.
  
  
• Advised in a substantial claim of breach of warranty of authority.
  
  
• Advised in various cases on issues of policy coverage.
  
  
• Advised and appeared at numerous hearings, including an appeal, concerning the true interpretation of a 'sole supply' agreement (Universal Business Solutions v Compass Group Plc [2007] EWHC 1073).
  
  
• Advised and appeared in the Commercial Court in a dispute over the construction of an insurance policy and alleged non-disclosure/misrepresentation.
  
  
• Advised and appeared on an application to strike out a claim involving an alleged carousel fraud.
  
  
• Advised and appeared in a complex contractual dispute arising out of a waste management contract.
  
  
• Advised as to the interpretation of the terms of a prime brokerage agreement between a hedge fund client and Lehman Bros.

Over the years Joanna has developed substantial experience in dealing with contractual disputes of a particularly technical nature, involving several experts and requiring resolution in the Technology and Construction Court or at an arbitration. Her recent experience in cases of this type includes:

• Advising and appearing at the arbitration of a multi-million pound dispute over the operation and performance of a manufacturing and distribution facility (for CDs and DVDs) in Germany.
  
  
• Advising and appearing at the trial of a multi-million pound dispute over the design of naval guns and the construction of the relevant supply contract.
  
  
• Advising and appearing at the trial of a multi-million pound dispute over the supply of a pan-European fibre-optic telecommunications network.
  
  
• Advising on the construction of the terms of a valuable contract for the exploitation of iron ore.