Joanna Pollard

Jo has extensive High Court advocacy and advisory experience in this area including civil fraud, joint venture disputes, professional negligence, and breach of asset/share sale warranty claims.

• Conocophillips v SGS Strath Services UK Limited (Technology and Construction Court)
  Counsel for major oil distributor in negligence claim relating to oil spill at a UK oil terminal.
• A Ltd v B Ltd and Anr
  Counsel for FTSE 100 company in US$4 million arbitration for breach of contract arising out of foreign tax dispute.
• British Gas Trading Limited v (1) Serco Limited (2) NPL Management Ltd
  Counsel for the National Physical Laboratory in claim by British Gas for £3m following 8 year period of faulty meter readings.
• Deora v Royal Holdings Ltd (Commercial Court)
  Jo represented the defendant to claim for breach of an option agreement for shares in company which owns Indian budget airline “SpiceJet”.
• Millennium Partners LP & Others v IMI Kynoch Ltd; IMI Kynoch Limited v Citigroup Global Markets Limited (Commercial Court 2007)
  Junior Counsel for FTSE 250 company defendant to £6m Commercial Court claim by hedge funds for breach of contract to sell a loan note, involving third party proceedings against Citigroup Global Markets Ltd for professional negligence.
• Coles v Williams de Broe (Chancery 2007)
  Jo represented defendant stockbrokers in professional negligence claim, succeeding in striking out the claim. 
• Rickard Metals v Cotton (Queen’s Bench 2007)
  Counsel for US metals trading company in fraud and breach of contract claim involving freezing order.
• Golden Import & Export Ltd v Sidney (Queen’s Bench 2007)
  Counsel for claimant against former employee for theft of company property. Obtained worldwide freezing, asset preservation, Norwich Pharmacal and computer imaging orders.
• 4Eng Ltd v Simpson (Chancery 2007)
  Counsel for defendant in £5m fraudulent misrepresentation/breach of share sale warranty claim.

• TimePlan Education Group Ltd v Teacherquest Ltd & Others (Chancery 2006)
• Krasner v Machitsky (Commercial Court 2004/5)
• Assa Training & Learning Ltd v Robson (Commercial Court 2004/5)
• Beko plc v Aga Consumer Products Ltd (Queen’s Bench 2005)
• Safegard Europe Ltd v Manttan & Others (TCC 2003)
• Kuwait Airways v Iraqi Airways LTL 9/9/2002 (2002) Commercial Court
• Federal Republic of Nigeria v Abacha & Others (Chancery 2002)
• Brandeis (Brokers) Ltd v Black & Others [2001]2 All ER (Comm) 980

Jo has acted for a wide variety of clients in the music, television, film and publishing industries. She has represented authors and publishing companies, recording artists and record companies and has been involved in advisory work for television and film companies. She has experience of representing both artist and manager in management agreement disputes, including a number involving the enforceability of minors’ contracts (Jonathan Shalit v Charlotte Church and Paul Widger v Craig David). Jo’s media clients have included Deep Purple, Oxford University Press, Granada Film, Pathe Distribution, the Really Useful Group and individuals such as William Orbit, Jonathan Shalit and Robert Stigwood.

• Advising on copyright aspects of the libretto for “Love Never Dies” (sequel to “Phantom of the Opera”).
• Acting for a well-known singer in a claim brought by former manager.
• Producing for PPL a draft Private Member’s Bill extending duration of copyright in sound recordings and performers’ rights.
• Representing producers of the Chart Show in High Court proceedings for audit under licence agreement with VPL.
• Advising former manager of Leona Lewis, winner of “X Factor”.
  

Jo advises a broad range of clients on conflicts of law issues arising out of commercial proceedings, including jurisdiction challenges in particular, and also has experience in challenging Letters of Request for the taking of evidence for use in foreign courts. On occasion Jo has provided expert opinions on UK law for use in foreign courts.

• Deora v Royal Holdings Ltd (Commercial Court)
  Counsel for Nevada registered defendant to claim for breach of an option agreement for shares in Indian company which owns Indian budget airline “SpiceJet”.
• Golden Sun Holidays Limited (in liquidation) v Avlida Hotel Limited, (Wyn Williams J, 3 August 2007, reported on Lawtel 14.08.07)
  Counsel for Cypriot hotel owner defending third party proceedings brought by UK tour operator following settlement of personal injury claims by 13 British tourists. Jo succeeded in appealing refusal to strike out the third party proceedings on jurisdictional grounds. Appeal involved issue of the interpretation and application of article 6(2) Council Regulation 44/2001.
• Mills v Fielding and related actions (Chancery 2007)
  Jo appeared for US citizens living in New York in challenge to jurisdiction in debt claim brought by trustees in bankruptcy of parents’ estates.

Jo has particular experience of state immunity disputes.  In Jones v Saudi Arabia; Mitchell v Al-Dali & Ors [2006] UKHL 26, Jo represented Saudi Arabia (January 2003 to June 2006) in a high profile state immunity dispute involving human rights issues (allegations of torture) with considerable significance for international law. Jo succeeded in striking the claim out at first instance.  Jo appeared in the Court of Appeal (with David Pannick QC) where the claim was reinstated (as against the individual state employees). Jo and David successfully appealed this decision to the House of Lords and successfully resisted the claimant’s appeal against the decision that the state itself had immunity.

Jones v Saudi Arabia; Mitchell v Al-Dali & Ors [2006] UKHL 26
Jo represented  Saudi Arabia (January 2003 to June 2006) in a high profile state immunity dispute involving human rights issues (allegations of torture) with considerable significance for international law. Jo succeeded in striking the claim out at first instance.  Jo appeared in the Court of Appeal (with David Pannick QC) where the claim was reinstated (as against the individual state employees). Jo and David successfully appealed this decision to the House of Lords and successfully resisted the claimant’s appeal against the decision that the state itself had immunity.