Joanne Wicks KC

Commercial disputes

Almost all of Joanne’s work is, in the broadest sense, commercial, involving business clients engaged in resolving disputes about commercial issues. The focus is always on achieving corporate goals, whether through litigation, alternative dispute resolution or transactional advice.

Joanne advises on and acts for clients in relation to litigation about commercial contracts, joint ventures and other business structures and issues arising out of the acquisition or disposal of corporate interests. Her chancery expertise and property specialism enable her to advise on banking and financial transactions and act in related disputes, particularly those concerning property finance, mortgages and guarantees.

Joanne’s business and commercial practice includes:

• Banking and finance
• Civil fraud and asset recovery
• Commercial arbitration
• Joint venture and partnership disputes

Recent/notable cases include:

• Acting for Canary Wharf Group in successfully resisting the claim by the European Medicines Agency that the Agency’s 25-year lease of premises in Canary Wharf would be frustrated when the UK left the EU (Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 335 (Ch)).
• A claim for breach of warranty in respect of a sale of mortgage assets as part of a securitisation (Lehman Commercial Mortgage Conduit Ltd v Northern Rock (Asset Management) Plc).
• Acting in a series of adjudications between a PFI contractor and its subcontractor in relation to disrepair claims totalling more than £10m in respect of a portfolio of 300+ properties occupied by government departments.
• Advising a company on its potential liability to a prospective joint venture partner once the relationship soured.
• Advising on the effect on creditors of conversions of limited companies to industrial and provident societies/co-operative and community benefit societies and transfers of engagements between those entities.

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Domestic arbitration

Joanne has very considerable experience of arbitrations and expert determinations, having acted in a substantial number of cases resolved by these means in recent years. She is familiar with all aspects of the procedures involved.

Joanne accepts instructions to act as an arbitrator or independent expert in fields in her specialist practice areas. She also advises non-lawyer arbitrators and independent experts, such as chartered surveyors, on legal issues and routinely acts as an advocate in arbitration or expert determination proceedings, whether conducted on paper alone or through an oral hearing. She is a member of ARBRIX and has spoken at the annual ARBRIX and INDEX conferences.

Joanne is also an accredited mediator and particularly familiar with mediation of property and professional liability disputes. She brings to this role her specialist legal knowledge, her understanding of commercial realities and a deep appreciation of the extent of the risks undertaken by those engaging in litigation.

Joanne is willing to offer early neutral evaluations, to assist parties in resolving their disputes without litigation.

Recent/notable cases include:

• Leading a large team of Counsel instructed on very large-scale rent review arbitration.
• Being appointed as an expert to determine a dispute on the Landlord and Tenant Act 1954 between two supermarket operators.
• Acting as a legal assessor to a surveyor arbitrator on a rent review.
• Acting as legal assessor to a surveyor expert on an overage dispute.
• Representing a client in a multimillion-pound damages claim decided through expert determination, following the client’s termination of a development agreement.
• Appearing in court to challenge an arbitration award on the price payable under a pre-emption clause.
• Successfully mediating a commercial landlord and tenant dispute in which the relationship had completely broken down.
• Acting as advocate in an expert determination as to whether the client had reasonably refused its consent to an agreement under s.278 of the Highways Act 1980.
• Drafting written submissions to an independent expert in relation to an issue of contractual interpretation affecting the date by which building works on a retail park were to be started and completed.
• Appearing in court to resist a tenant’s claim to set aside a rent review arbitration award on the grounds of serious procedural irregularity and on a point of law.

Download Domestic arbitration CV

Professional liability

Joanne acts for claimants, defendants and their insurers in relation to allegations of professional liability. Her expertise in property law and litigation give her a sound understanding, and practical experience of, the issues which underlie the claim of liability. She is often asked to advise, not only on the claim against the professional, but also on how the problems which gave rise to the claim may be resolved or the losses mitigated. She deals with insurance coverage issues and gives guidance on professional ethics and conflicts of interest.

Her professional liability practice includes claims against:

• Lawyers (barristers, solicitors)
• Property professionals (surveyors, valuers, managing agents and other consultants).

Recent/notable cases include:

• Advising a commercial tenant which lost the benefit of a valuable option to purchase the freehold of its property by virtue of its solicitors’ failure to register the option, including as to whether it should pursue litigation against the landlord to seek to reinstate the option.
• Acting for solicitors alleged to be personally liable to an opposing party on a remortgage transaction by virtue of the answers given to pre-contract inquiries, including on hard-fought interlocutory applications (Mortgage Agency Services Number One Ltd v Cripps Harries Hall LLP [2016] EWHC 387 (Ch)).
• Advising individuals whose professional negligence action against former solicitors was itself struck out by reason of the negligence of the solicitors representing them in that action.
• Acting for a mortgage lender on a surveyor’s liability claim involving a portfolio of over 40 properties and including complex contributory negligence allegations.
• Advising on the professional liability of solicitors in relation to a defective leasehold enfranchisement process.
• Acting for the Crown Estate in relation to a claim of negligence against managing agents arising out of a serious fire in a building on Haymarket.

Download Professional liability CV