A class act and a real credit to the Bar. High quality leadership under extreme pressure. Joanna Smith QC. Practice Overview.

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8 New Square, Lincoln s Inn London WC2A 3QP phone +44 (0) 20 7306 0102 fax +44 (0) 20 7306 0095 chambers@wilberforce.co.uk www.wilberforce.co.uk Joanna Smith QC Call: 1990 QC: 2009 Clerks Details +44 (0)20 7306 0102 tcsqc@wilberforce.

Mansfield and Denning scholarship by Lincol

1 8 New Square, Lincoln s Inn London WC2A 3QP phone +44 (0) fax +44 (0) chambers@wilberforce.co.uk Joanna Smith QC Call: 1990 QC: 2009 Clerks Details +44 (0) tcsqc@wilberforce.co.uk Qualifications and Appointments First in Jurisprudence, Christ Church Oxford Won the John v Lovitt prize for Jurisprudence In 1987, 1989 and 1990 respectively, she was awarded Hardwicke Mansfield and Denning scholarship by Lincoln s Inn jsmith@wilberforce.co.uk A class act and a real credit to the Bar The Legal High quality leadership under extreme pressure Chambers UK 2018 Memberships Professional Negligence Bar Association Commercial Bar Association Chancery Bar Association TECBAR The Society of Construction Arbitrators (Supporting member) Director of Bar Mutual Practice Overview Joanna s broad litigation practice encompasses advice and advocacy in the fields of professional liability, professional regulation, commercial litigation, arbitration (domestic/ international), construction, adjudication, mediation (as a qualified mediator) and insurance. Her advocacy has been complimented at the highest level by Lord Neuberger in Cavendish v Makdessi [2015] UKSC 67 as showing considerable forensic skill. On the commercial/contract side, Joanna successfully led the winning team in the Supreme Court in Cavendish Square Holding BV v Makdessi [2015] UKSC 67, a seminal case which has redefined the doctrine of penalties. In 2016/2017, her reported commercial court cases include Tiuta v Rawlinson & Hunter [2016] EWHC 3480 (comm), a decision on the consequences of a Part 36 Offer; Team Y&R Holdings Hong Kong Limited v Ghossoub [2017] EWHC 2401 (comm), a fight over an anti-suit injunction application and applications to set aside orders for service out of the jurisdiction and for alternative service and Towergate Financial (Group) Limited v Clark [2017] EWHC 2330 (comm), a summary judgment application in a claim for breach of indemnity provisions in a share purchase agreement. The latter two cases are awaiting the outcome of applications to appeal to the Court of Appeal. In the field of professional liability, Joanna has recently appeared before the Supreme Court in Tiuta v De Villiers [2017] UKSC 77, a valuer s negligence claim in which the but for test of causation has been put under the spot light in the context of the very particular facts of that case. In 2016/2017 Joanna has appeared in The Connaught Income Fund Series 1 v Hewetts Solicitors [2016] EWHC 2286 (Ch) (a case which will be considered by the Court of Appeal at a 2 day appeal in 2018) and in the Court of Appeal in Orientfield Holdings v Bird & Bird LLP [2017] PNLR 31, an appeal involving causation issues in a claim involving solicitors. Joanna s recent work in the construction field has involved acting in May 2017 for a Joint Venture Contractor in a multi-million USD two week arbitration relating to the construction of airport facilities in the Gulf applying UAE law. 01

Joanna Smith QC page 02 Practice Overview continued In the regulatory sphere, this year, Joanna has acted on behalf of the Financial Reporting Council and has prosecuted a substantial audit firm and

Joanna is ranked as a leading silk in the Legal 500 and Chambers UK for Commercial, Professional Liability and Construction.

2 Joanna Smith QC page 02 Practice Overview continued In the regulatory sphere, this year, Joanna has acted on behalf of the Financial Reporting Council and has prosecuted a substantial audit firm and two audit partners within that firm for misconduct (in a two week trial in October 2017). She is presently awaiting the outcome of the trial. Joanna is ranked as a leading silk in the Legal 500 and Chambers UK for Commercial, Professional Liability and Construction. She was awarded Chancery Silk of the Year at the Chambers UK Bar Awards In 2017 Joanna was appointed a Deputy High Court Judge. Chambers UK 2018 (Commercial): A delight to work with, she is very firm and demonstrates high-quality leadership under extreme pressure. Engaging, proactive and sensible, and she s got a level head on her shoulders. Chambers UK 2018 (Professional Negligence): Forthright, prepared and clear. A real leader. Very good technically and excellent with clients. Legal (Professional Negligence): She is very client-friendly and instils a high level of confidence in the advice she gives. Legal (Commercial Litigation): Highly recommended for commercial litigation. Legal (Construction): A class act and a real credit to the Bar. Joanna is a Director of Bar Mutual, a qualified Mediator and a Supporting Member of the Society of Construction Arbitrators. 02 Professional Liability Joanna s experience is extensive. She acts on both sides in disputes concerning a wide variety of different professionals, including solicitors, barristers, accountants, actuaries, financial advisers, valuers, surveyors and construction professionals. Over the last few years, Joanna has: Appeared in the Supreme Court in Tiuta International Ltd v De Villiers Chartered Surveyors Ltd [2017] UKSC 77. Acted in a multi-million pound loss of a chance claim involving allegations of negligence and breach of fiduciary duty against a substantial firm of solicitors and counsel a case which settled the working day before trial. Appeared in the Court of Appeal in Orientfield Holdings v Bird & Bird LLP [2017] PNLR 31, a claim involving arguments on causation. Acted in July 2016 in a trial concerning the alleged negligence of the solicitor - The Connaught Income Fund Series 1 v Hewetts Solicitors [2016] EWHC 2286 (Ch) (a case which will be considered by the Court of Appeal at a 2 day appeal in 2018). Advised in a multi-million claim of negligence against auditors and appeared in that case to argue about the impact of a part 36 Offer - Tiuta v Rawlinson & Hunter [2016] EWHC 3480 (comm). Advised and appeared on behalf of M&E contractors in a multi-million multiparty dispute concerning alleged defects in the development of Broadway Plaza in Birmingham: CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd & Others [2015] EWHC 1345; [2015] BLR 285 and [2015] 1 ALL ER (Comm) 765 Advised and acted on behalf of a specialist flooring contractor in a multi-party case involving the design and installation of an internal steel reinforced concrete floor slab and the piles beneath it at a substantial warehouse in Avonmouth. Joanna successfully obtained a permanent injunction for her client precluding one of the other parties from commencing adjudication proceedings on grounds of jurisdiction (Twintec Ltd v Volkerfitzpatrick Ltd [2014] EWHC 10 (TCC)). Acted on behalf of liquidators in a suite of claims against valuers, solicitors and auditors. Acted in a multi-million pound claim against valuers in respect of an alleged overvaluation of a holiday park in Cornwall.

3 Joanna Smith QC page 03 Professional Liability continued Acted in a multi-million pound claim by Pirelli against its water treatment specialists in respect of the collapse of a furnace tube in a boiler at its factory. Advised in a substantial claim against accountants in respect of tax planning advice and assistance provided over many years to a high net worth individual. Acted in a substantial claim by a property development company against its contractor and structural engineers. This case settled shortly before trial. For the judgment in the preliminary issue application see Aldersgate Estates Lt v Ham Construction [2013] CILL Acted in a multi-million pound claim against project managers and quantity surveyors in relation to the construction of a flagship project for a well-known car manufacturer. Acted on behalf of a company in a claim against solicitors for breach of contract/ negligence in advising on the terms of a sale agreement (including terms as to disposal overage) for the purchase of a substantial commercial building in North London. This case settled at the door of the court. Advised the trustees of a pension scheme in a substantial claim in breach of contract/ negligence against their investment managers (who it is alleged wrongly entered into a currency hedging arrangement on their behalf) and against their investment advisers (who it is alleged should have identified the error in the hedging arrangement). Appeared at the three-day hearing of an application by her solicitor clients for summary judgment on a very substantial claim of breach of trust/unlawful means conspiracy/fraud arising out of work done on behalf of a band known as Musical Youth in the 1980s. Judgment was handed down on 23 March 2012 in favour of the solicitor defendants (Seaton v Seddon [2012] EWHC 735 (Ch). Advised a leading firm of solicitors in respect of a substantial claim in negligence arising out of their conduct of litigation. Advised ATE insurers on the merits of funding various pieces of substantial litigation involving professionals. Advised valuers in respect of a substantial claim in negligence by a bank in respect of valuations carried out in March 2007 on a series of investment properties in Margate. Advised and appeared at interim applications in a multi-million pound claim against a leading firm of solicitors for fraudulent misrepresentation and negligence. Appeared at a trial against valuers arising by reason of negligent valuations of licensed premises (Scottish & Newcastle UK Limited v Westlake). Appeared at a trial against solicitors for whom Joanna acted in their successful defence of a third party claim (Hageman v Holmes & Seddons [2009] EWHC 50). Advised on a substantial claim against a leading firm of accountants for negligence in their advice on the UK tax consequences of a proposed share dividend. Advised on a claim against a barrister of negligent advice in respect of a claim under section 459 of the Companies Act Construction Joanna has substantial experience in the field of construction. Over the last few years she has: Appeared as counsel for a Joint Venture Contractor in a multi-million USD arbitration relating to the construction of airport facilities in the Gulf (UAE law) Advised and appeared on behalf of M&E engineers in substantial multi-party litigation concerning the design and construction of the Northern Triangle building at the Emirates Stadium (2016). Advised and attended mediation in a dispute involving the alleged breach of a Joint Venture Agreement in Qatar (2016).

4 Joanna Smith QC page 04 Construction continued Given a joint Opinion to parties in a proposed contribution claim over the proper interpretation to be given to an earlier TCC judgment (2016). Advised and appeared on behalf of M&E contractors in a multi-million multiparty dispute concerning alleged defects in the development of Broadway Plaza in Birmingham: CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd & Others [2015] EWHC 1345; [2015] BLR 285 and [2015] 1 ALL ER (Comm) 765 Advised and appeared on behalf of Carillion in three related adjudications concerning the maintenance and repair of a portfolio of hundreds of properties pursuant to the terms of a Service Partner Agreement and then in a subsequent action in the TCC to enforce the adjudicator s decision (2014/2015). Advised and appeared on behalf of a specialist flooring contractor in a multi-party case worth (it is said) 170m involving the design and installation of an internal steel reinforced concrete floor slab and the piles beneath it at a substantial warehouse in Avonmouth. She successfully obtained a permanent injunction for her client in that case precluding one of the other parties from commencing adjudication proceedings on grounds of jurisdiction (Twintec Ltd v Volkerfitzpatrick Ltd [2014] EWHC 10 (TCC). Advised in a substantial procurement claim against the Cabinet Office (2014). Acted in a substantial claim by a property development company against its contractor and structural engineers. This case settled shortly before trial. For the judgment in the preliminary issue application see Aldersgate Estates Lt v Ham Construction [2013] CILL Acted in an ICC arbitration against French and Saudi employer entities on disputes arising from the termination of a contract for the fabrication and construction of four gas treatment centres in Saudi Arabia. Advised and appeared on behalf of a specialist flooring contractor in a multi-million pound dispute over the design and construction of an external concrete slab at a Sainsburys distribution centre. Advised project managers in a multi-million pound claim for delay arising out of the construction of a flagship store in West London. Advised and appeared on behalf of a specialist flooring contractor in a multi-million pound dispute over the design and construction of an internal concrete slab at a B&Q Distribution Centre. Advised a design and build contractor on the terms of a chain of contracts pertaining to the design, construction, financing and operation of police investigation facilities, and in particular as to whether certain clauses are capable of being avoided on grounds that they are penal Advised a contractor involved in works at a major railway station on the potential for injunctive relief. Advised a firm of chartered building surveyors in respect of a substantial claim in negligence arising by reason of a fire at a building owned by the claimant. Advised in respect of a multi-million pound claim in negligence against engineers and specialist sub-contractors involved in the construction of wind turbines. Advised a specialist contractor in respect of a substantial claim in negligence over the design and construction of an in-vessel composting facility. Acted for a building contractor in respect of a claim in negligence arising out of differential settlement occurring on an industrial site. Acted in a three day arbitration pursuant to the laws of St Vincent and the Grenadines concerning a construction contract for a substantial residence on Mustique. Advised on a 100m plus claim against numerous construction professionals in respect of the collapse of a railway tunnel at Gerrards Cross (which settled at the pre-action stage). 04

5 Joanna Smith QC page 05 Construction continued Advised and appeared on behalf of a contractor in a complex claim for damages arising by reason of negligence on the part of its engineers in choosing an innovative and untested form of surfacing for a warehouse yard. Advised a charitable institution in a claim against architects arising from their negligence in project managing the construction of a synagogue. Advised and appeared on behalf of electrical engineers in a substantial claim by Charterhouse School arising out of the installation of a new heating system. Advised and appeared in a multi-million pound claim by the Environment Agency against a firm of hydraulic engineers in respect of a flood alleviation system. Commercial Joanna advises and appears in mainstream commercial/chancery litigation on a regular basis. Over the last few years she has: Appeared in the Supreme Court in a seminal case on the doctrine of penalties: Cavendish Square Holding BV v Makdessi [2015] UKSC 67 Appeared in Team Y&R Holdings Hong Kong Limited v Ghossoub [2017] EWHC 2401 (comm), a fight over an anti-suit injunction application and applications to set aside orders for service out of the jurisdiction and for alternative service. A decision is awaited from the Court of Appeal as to whether Joanna s opponents should have permission to appeal. Appeared in Towergate Financial (Group) Limited v Clark [2017] EWHC 2330 (comm), a summary judgment application in a claim for breach of indemnity provisions in a share purchase agreement. A decision is awaited from the Court of appeal on whether Joanna s clients should have permission to appeal. Advised on the drafting of commercial and construction contracts with a view to ensuring that clauses operating on breach will not fall foul of the penalties doctrine (2016). Advised on the content of submissions on the doctrine of penalties for an arbitration in Hong Kong (2016). Advised in a claim for breach of confidence (2016) Acted in an ongoing commercial court claim for breach of contract/breach of fiduciary duty against the former directors of a Middle Eastern marketing company (2016) Advised and acted on behalf of Leeds United in a claim involving the construction of a Technical Kit Supplier Agreement. Appeared in the Court of Appeal in a case on restraint of trade and procuring breach of contract: One Money Mail Ltd v Ria Financial Services [2015] EWCA Civ 1084 Appeared at numerous hearings in a hostile application to remove Administrators from office Re Angel Group Ltd [2015] EWHC 2372 (Ch) Succeeded in the Court of Appeal on an appeal concerning the grant of permission to make a committal application (Cavendish Square Holding BV v Makdessi [2013] EWCA Civ 1540). Successfully defended a claim against liquidators/administrators in conversion in the Chancery Division before Newey J: Euromex Ventures Ltd v BNP Paribas Real Estate Advisory and Property Management UK Ltd [2013] EWHC 3007 (Ch). Acted (together with an intellectual property junior) on behalf of a composer in a claim for royalties (2013). Advised in a claim in the Commercial Court under a memorandum of agreement in connection with a substantial oil infrastructure project that it was expected would be undertaken in Iraq (2013). 05

6 Joanna Smith QC page 06 Commercial continued Appeared in the Queen s Bench Division before Males J in a successful claim for damages under S 51 of the Sale of Goods Act 1979: Air Studios (Lyndhurst) Ltd v Lombard North Central Plc [2012] EWHC 3162 (QB). Advised and appeared for clients based in Monaco on a multi-million pound claim for breach of an existing settlement agreement. Advised on the construction of the terms of a valuable contract for the exploitation of iron ore. Advised and appeared at the TCC trial of a multi-million pound dispute over the supply of a pan European fibre-optic telecommunications network. Advised and appeared at numerous hearings, including an appeal, concerning the true interpretation of a sole supply agreement (Universal Business Solutions v Compass Group Plc [2007] EWHC 1073). Advised and appeared in the Commercial Court in a dispute over the construction of an insurance policy and alleged non-disclosure/misrepresentation. Advised and appeared on an application to strike out a claim involving an alleged carousel fraud. Advised and appeared in a complex contractual dispute arising out of a waste management contract. Advised as to the interpretation of the terms of a prime brokerage agreement between a hedge fund client and Lehman Brothers. International Arbitration Joanna has extensive experience of advising and appearing in arbitrations, both domestic and international. Her recent experience includes: Appeared as counsel for a Joint Venture Contractor in a multi-million USD arbitration relating to the construction of airport facilities in the Gulf (UAE law) (2017) Advising in a multi-million SAR ICC arbitration for unpaid invoices in respect of a contract for the construction of four gas treatment centres in Saudi Arabia (2016). Advising in a multi-million dollar arbitration for breach of warranty in a share purchase agreement concerning television rights in Eastern Europe (2016). Advising and appearing at the arbitration of a multi-million pound dispute over the operation and performance of a manufacturing and distribution facility (for CDs and DVDs) in Germany. Acting in a three-day arbitration pursuant to the laws of St Vincent and the Grenadines concerning a construction contract for a substantial residence on Mustique. Advising in an arbitration concerning a dispute over agreements facilitating the sale of an oil ring off the coast of Venezuala. Acting in arbitration concerning the negligence of construction professionals in the construction of an underground car park. Advising and appearing at the ICC arbitration in Paris of a multi-million pound dispute over the design of naval guns and the construction of the relevant supply contract. Mediation As a specialist in commercial and professional negligence litigation (including heavy construction disputes in the TCC), Joanna has extensive experience of working together with clients and parties to identify solutions to their disputes. She firmly believes that there are few, if any, disputes that are incapable of resolution by way of a carefully negotiated deal which recognises and balances the competing interests of the parties. 06

7 Joanna Smith QC page 07 As a qualified and experienced mediator, Joanna s approach combines a clear understanding of the sensitivities and complexities of the issues with a keen awareness of commercial imperatives. She aims to facilitate a non-confrontational and constructive atmosphere offering the best possible opportunity for differences to be overcome. Joanna s experience as a mediator includes disputes in the construction, commercial and professional negligence fields and has also encompassed actions of a more common law nature. 07

Jonathan Chew. Memberships. Practice Overview. Publications. Clerks Details Danny Smillie Stewart Cameron Nancy Lee Jack Barker.

Jonathan Chew. Memberships. Practice Overview. Publications. Clerks Details Danny Smillie Stewart Cameron Nancy Lee Jack Barker. 8 New Square, Lincoln s Inn London WC2A 3QP phone +44 (0) 20 7306 0102 fax +44 (0) 20 7306 0095 chambers@wilberforce.co.uk www.wilberforce.co.uk Jonathan Chew Clerks Details Danny Smillie Stewart Cameron