Joanna McKenzie

Joanna advises on contract disputes, debt recovery, consumer contracts, professional negligence, partnership, shareholder, and company disputes, and building disputes in a range of values and courts including the High Court, County Court, and Appeal Court.  She also advises on judicial reviews and injunctions.

• Advised a recruitment consultancy on the threatened recovery of commission by a client on a placement.
• Acted in professional negligence claims in defence of and against professional advisors.
• Acted in multiple claims of undue influence both for the majority and minority shareholders.
• Advised a group of claimants from around the world on the recovery of funds invested in a fraudulent investment scheme involving six different defendants.
• Acted in the successful recovery of land after it was mistakenly returned to the Crown following a negligent property transfer and subsequent dissolution of the owning company.
• Acted in the successful recovery of a substantial investment on behalf of a client further to the mis-selling of a precipice bond by a financial adviser.
• Advised a client on defending a small claim that had been issued incorrectly against an individual employee (rather than the company). Advised on applying to strike out the claim, dealing with an amended Claim Form being issued, and eventually achieving the withdrawal of the claim in its entirety.
• Part of a team advising on the legal issues involved in defending a claim, and then at a mediation for a Malaysian government official and their related company, in a claim brought by an investment banking company in the English Commercial Court for breach of a loan agreement in relation to an aircraft purchase.
• Advised a major drinks brand on a breach of contract involving their logistics, and resolved amicably whilst preserving the commercial relationship.

Joanna advises on intellectual property disputes, including trade marks, copyright, design rights, passing off, moral rights, domain name disputes, and database rights.

• Advised numerous businesses on the intellectual property rights existing in their business name, logo, and domain name, and taking action to protect or recover rights.
• Advised a betting company on taking action regarding its licence agreements following a decision in the European Court of Justice on the intellectual property rights in football fixture lists.
• Advised clients on breach of software agreements and recovery of source code written under those agreements.
• Advised a nationwide school-furniture manufacturer on defending allegations of design right infringement and reaching a settlement.
• Advised a major drinks manufacturer on a breach of contract issue with their storage facility, resolving the matter before proceedings could be issued and thereby preserving the commercial relationship.
• Issued (and also responded to) cease and desist letters on behalf of clients with a view to resolving matters before court proceedings are started, or if necessary pursuing matters through the Intellectual Property and Enterprise Court or Chancery Division of the High Court.
• Advised on Infringement of copyright, including the copying of a catalogue by a competitor.
• Advised on the copying of a website, including text, images and terms and conditions by a competitor.
• Advised a major food brand on the infringement of a trade mark and passing off by a new startup competitor.
• Advised a client on the unlawful retention of a client list, and company documents of an outgoing employee, thereby breaching contractual provisions on confidential information, and infringing copyright.

Joanna also advises on alternative dispute resolution including mediation.

• Advised an international defendant on a claim from an insurer on the breach of a loan agreement, leading to an extremely favourable settlement for the client.
• Advised an IT firm on non-payment of invoices and a breach of contract claim with a major high-street company for whom they provided IT support with proprietary software also embedded in their systems. Reached an amicable conclusion with payment of outstanding fees made, and the renewal of the contract.
• Advised a recruitment consultancy in relation to a dispute regarding a recruitment consultant contract with a client who threatened to recover a £100,000 commission payment made on the appointment of a candidate placed by the client. Agreed a settlement involving no payment by the client and the preservation of the commercial relationship between the parties.
• Advised a client based in another jurisdiction on a claim against a major high-street store following the failure to pay a pension following an agreement made decades ago under English law. Reached a successful settlement at mediation.

Recognised by The Legal 500 for Commercial Litigation: Mid Market 2023