Joanne is a Senior Associate in the Litigation and Dispute Resolution Team based in Cardiff, specialising in procurement challenges, commercial and contractual disputes, post-completion and corporate disputes, professional negligence and partnership disputes.
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.
- Successfully defending NHS England in a £1bn procurement challenge brought to its largest ever medicines procurement involving the supply of Hepatitis C (AbbVie Limited –v- NHS Commissioning Board (operating under the name of NHS England)  EWHC 61 (TCC).
- Advising NHS England on a procurement challenge issued by an unsuccessful economic operator pursuant to the Public Contracts Regulations 2015 (as amended) and general EU Treaty principles in the Technology and Construction Court in London. Dealing with a number of complex legal issues including confidentiality of third party documents, confidentiality rings, split trials.
- Advising the Welsh Government on a procurement challenge issued by an unsuccessful economic operator pursuant to the Public Contracts Regulations 2006 and general EU Treaty principles. To include dealing with issues arising from the Freedom of Information Act 2000 and confidentiality of third party documents, forensic accountancy expert evidence, security for costs and specific disclosure applications within the proceedings. Ultimately achieving settlement via mediation.
- Advising an incumbent supplier of services at a treatment centre on and during a simultaneous procurement challenge to and judicial review of a contracting authority’s published ITT documentation during a procurement process. To include issues arising from the National Health Service (Procurement, Patient Choice and Competition) (No.2) Regulations 2013, the Public Contracts Regulations 2015, issues concerning the automatic suspension, sealing of the court file, consolidation of the case management of the proceedings, confidentiality obligations and ultimately, the resolution of the dispute.
- Advising a global diagnostics provider on its rights and protection of its confidential information in relation to a procurement challenge issued by an unsuccessful bidder against the contracting authority. To include dealing with confidentiality rings, applications for specific disclosure and disclosure issues generally. The claim involved working with four other sets of solicitors within the proceedings together with their leading counsels.
- Advising a number of contracting authorities and economic operators in relation to procurement challenges under the previous and current Regulations including:
- Advising a contracting authority in relation to a claim issued by an unsuccessful economic operator including issues of abnormally low bids being received.
- Advising a charitable organisation on procurement issues arising following notice being served by it on one of its sub-contractors.
- Advising contracting authorities on a number of challenges including issues of unequal treatment, discrimination and a lack of transparency.
- Advising a NHS Trust in relation to a challenge issued by an unsuccessful incumbent supplier for an orthodontic services contract.
- Advising an SME in relation to a procurement challenge where inadequate standstill letters had been prepared.
- Advising an SME on a contracting authority’s decision to firstly award and then subsequently expel it from a procurement process.
- Advising contracting authorities and economic operators on the effect of the automatic suspension and the merits of opposing/making an application for it to be lifted.
Other Public Sector disputes
- Acting on behalf of a number of NHS bodies in defending high profile judicial review proceedings challenging decisions taken by those bodies in relation to service changes.
- Advising a utility company in the recovery of damages payments from contractors/undertakers/highways authorities that damage its apparatus in the course of carrying out excavations. Advising on the relevant pieces of legislation and case law applicable to the specific utilities’ industry concerning the recoverability of such payments, including in particular, the New Roads and Street Works Act 1991 (NRSWA) and the Highways Act 1980.
- Advising a national utility company in relation to multi-utility infrastructure provided at a residential site where payment for such works had been withheld on grounds of delay.
- Advising a large public body on a former employee’s potential breach of contract claim regarding allegations that incorrect advice had been provided to him about pension entitlement.
- Advising a large public body on proceedings brought in the High Court by a former employee for breach of contract, including summary judgment/strike out applications.
Private Sector Commercial Dispute Resolution
- 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 global IT provider on several IT disputes emanating from a contract with its subcontractors, including the scope of services, integration issues, contract interpretation, breaches of contract and of warranty.
- Advising an Indian manufacturing company on a contract with a US customer for the provision of car parts to it and implications of the position following termination of that agreement. To include issuing an arbitration claim in the ICC in New York.
- Advising a business on its seven figure claims for breach of contract and subsequently professional negligence.
- Successfully acting on behalf of a charitable organisation to recover monies fraudulently stolen by a former employee; to include professional negligence proceedings against its former accountants.
- Advising a national company on post-completion disputes, including breaches of confidence and non-compete clauses committed by former directors and employees.
- Advising a number of clients on breach of warranty claims and notification requirements.
- Advising on a contractual dispute between a national company and a recruitment agency; successfully settling at mediation prior to the issue of proceedings.
- Advising a client on her liability to creditors following the liquidation of a company of which she was a director, including one creditor that had allegedly forged her signature on a personal guarantee; achieving a discontinuance of the proceedings against her.
- Successfully acting on behalf of a client in proceedings brought against a national company and worldwide manufacturer in relation to the sale of a defective vehicle.
- Advising a client on recoverability of its property from customers, to include the issue of injunctive proceedings.
- Advising a number of clients on partnership disputes, termination of the partnership and post-partnership obligations.
- Advising shareholders in a dispute with a former director and shareholder regarding the return of shares following his departure from the Company.
- Advising a company on a former shareholder’s demand for repayment of a directors’ loan and on the company’s counterclaim/set-off for inadequate professional accountancy services provided by him.
Education Sector Dispute Regulation
- Member of the legal team advising and successfully defending a higher education institution against a Petition presented to its Visitor.
- Acting on behalf of a higher education university 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 a further education college regarding a tender contract with a catering services provider, involving procurement issues.
- Advising an educational institution on its proposed working relationship with a private sector company in the supply and use of engineering equipment.
- Advising a funding council on its work experience agreement with higher education institutions, their students and private sector employers.
- Advising a grant funding council on the adequacy of its contract to include preparing a full debt recovery policy for use in cases where students prematurely leave their courses.
- Advising a number of education sector clients on a variety of contractual disputes, including judicial review claims.
- Litigation & Dispute Resolution
- Public Procurement
- Professional Negligence
- Healthcare Litigation
- Commercial Disputes
- Employee Non-Compete and Confidentiality
- Corporate and Shareholder Disputes
- Judicial Review
Joanne is a Senior Associate and has been with the firm since 2000 having completed her training contract and qualifying in 2002. She studied Law at the University of Bristol and subsequently completed the Legal Practice Course at the University of Wales Cardiff.
- Procurement Lawyers Association
Insights by Joanne
The Independent Expert Advisory (IEA) Committee for Ongoing Review of the Operation of Justice in Wales has just released its first report with a number of interesting observations and recommendations....Read More
Court makes declarations in favour of MEAT tenderer but refuses to grant injunction to compel contracting authority to award it the contract
On 21 December 2017, the Technology and Construction Court handed down judgment in the case of MLS (Overseas) Limited (MLS) v Secretary of State for Defence (the MoD)[i]. The Court...Read More
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 and the remedies available to...Read More