Joanna Smith QC

Professional Liability CV

Joanna's experience is extensive. She acts on both sides in disputes concerning a wide variety of different professionals, including solicitors, barristers, accountants, actuaries, financial advisers, valuers, surveyors and construction professionals (as to which see the separate section on construction below).  Over the last few years, Joanna has been involved in:

• Advising the Trustees of a pension scheme in a substantial claim in breach of contract/negligence against their investment managers (who it is alleged wrongly entered into a currency hedging arrangement on their behalf) and against their investment advisers (who it is alleged should have identified the error in the hedging arrangement).
  
  
• Appearing at the three day hearing of an application by her solicitor clients for summary judgment on a very substantial claim of breach of trust/unlawful means conspiracy/fraud arising out of work done on behalf of a Band known as "Musical Youth" in the 1980s.  Judgment was handed down on 23 March 2012 in favour of the solicitor defendants (Seaton v Seddon [2012] EWHC 735 (Ch))
  
  
• Advising a leading firm of solicitors in respect of a substantial claim in negligence arising out of their conduct of litigation.  Joanna recently appeared at a preliminary issue hearing lasting 2 days and the case settled shortly thereafter.
  
  
• Advising ATE insurers on the merits of funding various pieces of substantial litigation involving professionals.
  
  
• Advising valuers in respect of a substantial claim in negligence by a Bank in respect of valuations carried out in March 2007 on a series of investment properties in Margate.
  
  
• Advising in a substantial claim against two leading firms of solicitors arising by reason of negligent advice given in relation to share investments.  This case settled shortly before trial.
  
  
• Advising and appearing at interim applications in a multi-million pound claim against a leading firm of solicitors for fraudulent misrepresentation and negligence.
  
  
• Appearing at a trial against valuers arising by reason of negligent valuations of licensed premises (Scottish & Newcastle UK Limited v Westlake).
  
  
• Appearing at a trial against solicitors for whom Joanna acted in their successful defence of a third party claim (Hageman v Holmes & Seddons [2009] EWHC 50).
  
  
• Advising on a substantial claim against a leading firm of accountants for negligence in their advice on the UK tax consequences of a proposed share dividend.
  
  
• Advising on a claim against a barrister of negligent advice in respect of a claim under section 459 of the Companies Act 1985.