Joanna Smith QC
Call: 1990 QC: 2009
+44 (0)20 7306 email@example.com
Joanna advises and appears in mainstream commercial/chancery litigation on a regular basis. Over the last few years she has:
- Been instructed to act in an appeal to the Supreme Court in Frederick v Positive Solutions Financial Services Limited. Joanna did not act below but is due to appear on 13/14 February 2019 to argue over the scope of vicarious liability in the context of fraudulent conduct in the commercial field.
- Appeared in Towergate Financial (Group) Limited v Clark  EWCA Civ 2744, an appeal from a refusal to grant summary judgment in a claim for breach of indemnity provisions in a share purchase agreement.
- Appeared in Team Y&R Holdings Hong Kong Limited v Ghossoub, a fight over an antisuit injunction application and applications to set aside orders for service out of the jurisdiction and for alternative service  EWHC 2401 (comm) and an application for summary judgment  EWHC 2755 (comm).
- Advised on the drafting of commercial and construction contracts with a view to ensuring that clauses operating on breach will not fall foul of the penalties doctrine (2016).
- Advised on the content of submissions on the doctrine of penalties for an arbitration in Hong Kong (2016).
- Acted in an ongoing commercial court claim for breach of contract/breach of fiduciary duty against the former directors of a Middle Eastern marketing company (2016).
Appeared in the Supreme Court in a seminal case on the doctrine of penalties: Cavendish Square Holding BV v Makdessi  UKSC 67.
- Advised and acted on behalf of Leeds United in a claim involving the construction of a Technical Kit Supplier Agreement.
- Appeared in the Court of Appeal in a case on restraint of trade and procuring breach of contract: One Money Mail Ltd v Ria Financial Services  EWCA Civ 1084.
- Appeared at numerous hearings in a hostile application to remove Administrators from office Re Angel Group Ltd  EWHC 2372 (Ch).
- Succeeded in the Court of Appeal on an appeal concerning the grant of permission to make a committal application (Cavendish Square Holding BV v Makdessi  EWCA Civ 1540).
- Successfully defended a claim against liquidators/administrators in conversion in the Chancery Division before Newey J: Euromex Ventures Ltd v BNP Paribas Real Estate Advisory and Property Management UK Ltd  EWHC 3007 (Ch).
- Acted (together with an intellectual property junior) on behalf of a composer in a claim for royalties (2013).
- Advised in a claim in the Commercial Court under a memorandum of agreement in connection with a substantial oil infrastructure project that it was expected would be undertaken in Iraq (2013).
- Appeared in the Queen’s Bench Division before Males J in a successful claim for damages under S 51 of the Sale of Goods Act 1979: Air Studios (Lyndhurst) Ltd v Lombard North Central Plc  EWHC 3162 (QB).
- Advised and appeared for clients based in Monaco on a multi-million pound claim for breach of an existing settlement agreement.
- Advised on the construction of the terms of a valuable contract for the exploitation of iron ore.
- Advised and appeared at the TCC trial of a multi-million pound dispute over the supply of a pan European fibre-optic telecommunications network.
- 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  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 Brothers.