Joanne Thompson Senior Associate
Joanne is a Senior Associate in the Litigation and Dispute Resolution team based in Cardiff. Jonanne specialises in commercial and contractual disputes, post-completion and corporate disputes, professional negligence, partnership disputes and procurement challenges.
Main areas of practice
Joanne’s practice areas cover a wide range of commercial and contractual disputes including those relating to procurements, breaches of contract, professional negligence and breaches of post-termination restrictions including breaches of confidence.
Joanne also advises on corporate disputes including disputes between directors and/or shareholders, disputes emanating from disposals and acquisitions (including warranty claims) and those involving the interpretation of Sale and Purchase Agreements.
Joanne advises on partnership law and has dealt with claims based on Partnership Agreements and those pursuant to the Partnership Act 1890.
Joanne deals with both private sector and public sector clients.
- Advising a contracting authority on a procurement challenge issued by an unsuccessful economic operator pursuant to the Public Contracts Regulations 2006 (as amended) and general EU Treaty principles, to include issues arising from the Freedom of Information Act 2000 and confidentiality of third party documents.
- Advising a number of contracting authorities and economic operators in relation to procurement challenges. Considering and advising on tender documents, contractual terms and rights and remedies available.
- Successfully acting on behalf of a national company in relation to breaches of confidence and non-compete clauses committed by the sub-contractor of a business which had been acquired. Successfully obtaining injunctive relief and obtaining successful Judgment following a speedy trial. Subsequently, successfully defending the appeal by the sub-contractor in the Court of Appeal.
- Advising a national company on a range of corporate and post-completion disputes, including breaches of post-termination obligations committed by former directors and employees of the acquired business and breaches of warranty.
- Successfully defending a higher education institution in relation to proceedings issued against it by a former overseas student for losses allegedly caused by delays in the award of his degree.
- Advising the partner of a business in relation to a partnership dispute, to include advising on issues with regards to partnership accounts, the valuation of the business, taxation, the ongoing running of the partnership business, dissolution, the treatment of partnership property and ongoing obligations.
The latest decision to emanate from the procurement litigation between ATK and the NDA, the Supreme Court has ruled on a bidder's discretion to issue a claim within the standstill period and when damages will be recoverable.
Articles by Joanne
In this case the NDA's failed to award Energy Solutions a contract despite them being the most economically advantageous tenderer. The High Court has delivered a judgment that they are entitled to damages from the NDA.
The High Court recently had to consider the above question in the case of Newlyn PLC and London Borough of Waltham Forest which related to a procurement challenge brought by Newlyn PLC (Newlyn) against London Borough of Waltham Forest (LBWF).
This case is one of the first to look in detail at allegations of errors in the evaluation of tenders undertaken by a contracting authority.
Related Knowledge & Resources
The Employment Appeal Tribunal has recently considered whether previous incidents, which did not lead to disciplinary action, could be referred to in an investigation report that led to an employee's dismissal for gross misconduct.
Coutts, Cushman & Wakefield and Blake Morgan jointly hosted a healthcare economic review lunch at Coutts' offices on The Strand on 13 September 2017 which was attended by a host of clients, operators and advisors.
In HR Magazine, Holly Cudbill, considers the vexed question of whether employees who undertake sleep-in shifts are entitled to the national minimum wage (NMW) throughout the entire time they are asleep, or only when they are awake to carry out duties.
Nationwide (England) from 1 February 2016
Do you have conflict in the workplace that takes up your valuable time and has a damaging effect on team performance?
Blake Morgan provides a helpful guide for Marinas and Boat Yards on recovering outstanding berthing fees.