Joanna Corbett-Simmons Associate
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).
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.
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.
Articles by Joanna
The recent decision in the case of Cosmetic Warriors Ltd & Anor v Gerrie  EWCA Civ 324 dealt with the correct construction of shareholders' pre-emption rights.
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.
This article was first published on Lexis®PSL Local Government analysis on 12 April 2017. Click for a free trial of Lexis®PSL.
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