Joanna Corbett-Simmons Associate

Photograph of Joanna Corbett-Simmons

Contact Details

Joanna is an Associate in the Litigation & Dispute Resolution team in Cardiff specialising in corporate and shareholder disputes, professional negligence and contentious intellectual property matters.

Main areas of practice 

Joanna has a broad range of experience in general commercial and civil claims and specialist knowledge of post-completion disputes (principally claims for breach of warranty, restrictive covenants and expert determinations of deferred consideration payments), shareholder disputes, professional negligence (principally against legal or financial advisors) and contentious intellectual property matters (including trademark and design right infringement).

Clients

Having spent a summer on secondment to Philips Electronics UK in its Health-tech team Joanna is ideally placed to advise both public and private sector clients on a wide range of commercial disputes.  She acts for a number of housing associations, local health boards, NHS England and the Welsh Government alongside charities and private companies.  She receives repeat instructions from large national companies (many of which are based in South Wales) as well as advising world-renowned brands on intellectual property matters.

Significant experience 

Joanna has recently advised the Welsh Government on Court of Appeal proceedings originating from the Mental Health Tribunal for Wales of a decision which has wide-ranging implications on the jurisdiction of Mental Health Tribunals in both England and Wales. 

 She also advised NHS England on the publication of the new NHS tariff and on the Improving Access to Psychological Therapies programme. 

 Her involvement in a complex shareholder dispute which originated as an intellectual property dispute and involves three unfair prejudice petitions, a debt claim, counterclaim, Part 20 claim and an appeal is nearing a close after nearly three years.  The Petition against the clients was dismissed at trial and settlement was subsequently negotiated in relation to their successful counterclaim and Cross Petition, representing an excellent outcome for the clients overall.  She has significant experience of advising clients in the care, aviation and renewable energy industries, in relation to shareholder and other corporate disputes and avoiding issues arising as a result of corporate restructuring exercises.

 Joanna has successfully dealt with a wide variety of disputes relating to the infringement of intellectual property rights (primarily trademarks, design rights and copyright) on behalf of clients in the security, visual arts, electronics, cosmetics, agricultural machinery, facilities management, food and furnishings industries.  She frequently deals with disputes relating to the breach of confidentiality and misuse of confidential information and spent many years advising a NHS Local Health Board on proceedings against a former employee threatening to disclose confidential patient information.  

 Early on in her career she was successful in taking an injunction application to the Court of Appeal on behalf of a national Plc concerning a Post-Completion Dispute and has recently assisted in the recovery of £1.9 million owed to clients as Deferred Consideration following the sale of their company to a multi-national, pursuing the contractual expert determination procedure.

 She has also dealt with a number of professional negligence claims on behalf of companies against their former legal advisors and financial advisors, successfully recovering damages from the insurers. 

 Joanna is also assisting on the procedural aspects of a multi-disciplinary claim for declarations from the High Court of the rent to be paid for a significant redevelopment site.  The sums involved amount to tens of millions and the calculation of the rent is in dispute.   

Expertise

Articles by Joanna

Cosmetic Warriors and Lush Cosmetics – the construction of pre-emption rights

Case study

The recent decision in the case of Cosmetic Warriors Ltd & Anor v Gerrie [2017] EWCA Civ 324 dealt with the correct construction of shareholders' pre-emption rights.

The Intellectual Property (Unjustified Threats) Bill slips through the election net

Article

The Act amends the current groundless threats provisions in legislation relating to patents, UK trade marks, EU trade marks, UK registered designs, UK design rights and Community designs.

Deprivation of liberty—issues of capacity and conditions

Article

This article was first published on Lexis®PSL Local Government analysis on 12 April 2017. Click for a free trial of Lexis®PSL.

Related Knowledge & Resources

Non-compete clause unenforceable as it included a restriction on holding a minor shareholding in a competing business

Restrictive covenants are a useful tool for employers to protect their competitive edge and to reduce the risk of 'star employees' leaving to join competitors.However, failure to draft them carefully can leave both employer and employee in limbo.

Access to Court documents by an Interested Non-Party

A High Court master has recently given extensive guidance in the case of Dring v Cape Distribution Ltd and others [2017] on the right of an interested non-party to access court documents.

Breach of jurisdiction clause – High Court protects company and affiliate by way of anti-suit injunction

A High Court decision highlights how Courts may construe parties' intentions when interpreting jurisdiction clauses in contracts, as well as the protection that can be afforded by way of anti-suit injunctions.Ben Clark explains the impact this will have.

Recovering outstanding berthing fees – a guide for marinas and boatyards

Blake Morgan provides a helpful guide for Marinas and Boat Yards on recovering outstanding berthing fees.

Guide to Defamation claims

Blake Morgan's complete guide to Defamation claims - what you should know when thinking of bringing a claim of reputation damage.

Guide to IP Services

The complete guide to Intellectual Property Services that Blake Morgan can provide.