Joanne Williams

Year of Call:

1999

'She is approachable and supportive. She has excellent witness care skills and is always a delight to instruct. She is responsive and gives hands on practical support throughout. She is also a skilled and experienced advocate, with the rare mix of a subtle yet robust approach.'

Legal 500 2024

Home//Barristers//Joanne Williams

Areas of Expertise

Vertical Tabs

Overview

Joanne is a very experienced advocate who has developed considerable expertise in employment law, personal injury law, public law and the law relating to inquests. For many years, she has been highly commended for her advocacy skills in all the leading directories. In the most recent edition of Legal 500 Joanne is categorised as a Tier 1 Counsel for employment. She is widely acknowledged as a very skilful and determined cross examiner and she has a complete understanding of all aspects of contested trial work.

Joanne has a very substantial employment law practice. She is primarily, but not exclusively, instructed on behalf of Respondents. In employer liability personal injury cases she is regularly instructed on behalf of Defendants in disease work. However, in all other types of employer liability cases she has a thriving practice on behalf of Claimants. In clinical negligence, Joanne is regularly instructed on behalf of Claimants in which difficult liability and causation issues invariably arise. In recent years Joanne has been engaged in many Inquests some of which have attracted considerable media attention.

Appointments

Joanne was first appointed to the Attorney General’s Civil Panel Counsel in 2007. Since that time she has been re-appointed to the panel in open competition in 2012 and 2018.

In 2023, Joanne was appointed by the Police and Crime Commissioner for Wales to sit as a legally qualified chair in police misconduct hearings.

Education

Porth County Comprehensive School, Porth, Rhondda Cynon Taf

University of Bristol, 2:1 LLB

Bar Vocational Course, Cardiff

Administrative and Public

Joanne appears regularly in the High Court throughout England and Wales defending claims for judicial review brought against government departments. She now has substantial experience in immigration and asylum cases which invariably involve Human Rights arguments and arguments about the proper interpretation of the Immigration Rules. She has also acted in challenges brought against the Department of Work and Pensions in claims brought against the Child Maintenance and Enforcement Commission.

In 2017, Joanne was instructed to challenge the conclusion of an inquest relating to the death of an elderly person in a care home (having appeared for the family at the inquest). The Attorney General granted a fiat which enabled the deceased family to apply to the Divisional Court for an order to quash the conclusion of the inquest and to direct that a fresh inquest should be held. It was necessary for Joanne to settle all the relevant documentation and the skeleton Argument to support the claim in the Divisional Court. The challenge was successful.

Clinical Negligence

Joanne acts, principally, for Claimants in a variety of different types of clinical negligence claims. Invariably, she advises on the prospects of establishing liability and causation and, by way of example, she has been involved in cases relating to negligent misdiagnosis relating to cancer and heart disease. She has been instructed to act on behalf of a doctor whose cancer was missed on two separate scans; on behalf of a retired consultant maxilla-facial surgeon who had been suffering from coronary heart disease for many years but received medical treatment which was wholly inappropriate for the condition from which he suffered; on behalf of a patient whose serious back condition was misdiagnosed with catastrophic consequences and on behalf of a patient who was misdiagnosed in respect of a shoulder injury with the result that necessary surgery wasn't carried out leaving him with permanent life changing injuries.

Joanne is frequently instructed to attend inquests in which there are prospects of claims for clinical negligence arising. She seeks to provide a service whereby she is involved in such cases from the beginning of the investigation to final disposal of the claim. Recently, Joanne acted for the family of a deceased man in his early 40s who had died in hospital as a consequence of developing sepsis following bowel surgery. Joanne represented the family at the Inquest. Thereafter, she provided advice on liability (including limitation issues), causation and quantum, settled the pleadings and conducted negotiations at a joint settlement meeting resulting in a settlement of the claim well into six figures.

Employment

Joanne acts in a wide variety of employment disputes for a number of public bodies. These include a number of UK government departments, a number of local health boards and a number of local authorities. On behalf of these public bodies, she has been engaged in defending all kinds of employment related claims but particularly claims for unfair dismissal, constructive dismissal, unlawful deduction of wages, disputes surrounding the transfer of undertakings and discrimination of all kinds. Joanne is fully adept at handling the full range of issues that arise in such cases.

Joanne is particularly well regarded in discrimination cases. She is regularly instructed to defend such claims on behalf of HMRC, the Ministry of Justice, the Ministry of Defence, Cardiff & Vale Local Health Board, Cwm Taf Local Health Board, Aneurin Bevan Local Health Board, Hywel Dda Local Health Board and Public Health Wales. Recently, she has acted for a health board in a hotly contested unfair dismissal/constructive dismissal and disability discrimination claim involving a locum GP who claimed to have a medical exemption from wearing PPE during the covid pandemic. She also acted for the Department of Education in a complex TUPE claim involving interesting points of law regarding the status of company directors in the context of organised groupings of employees.

Joanne’s work on behalf of local authorities has included advising upon a wide range of issues such as the legal status of the employment relationship between the local authority and the governing body of schools, disciplinary processes and the correct procedures to follow in cases in which protective disclosures have or may have been made in the particular context of child safeguarding. More recently, she was instructed to conduct a full investigation into a serious grievance raised by an employee of Natural Resources Wales regarding the application of its policies at the conclusion of a fixed term appointment.

In addition to her Tribunal work, Joanne also has experience of acting as the legal chair in doctors’ disciplinary panels under Upholding Professional Standards in Wales. In this capacity, she has acted as chair in serious appeals brought by consultant doctors who have faced final written warnings and dismissals. In April 2023, Joanne was also appointed to act as a legally qualified chair in police misconduct hearings by the Police and Crime Commissioner for Wales.

Since the inception of the Employment Tribunal Litigant in Person Support Scheme (ELIPS) Joanne has supported it whole heartedly by offering her services free of charge at the Cardiff Employment Tribunal whenever other professional commitments allow. Under the scheme complicated cases brought by unrepresented employees are listed for various kinds of hearings and the barrister or solicitor on call is expected to offer sensible and practical advice and represent the employee at a hearing. Joanne finds this pro bono work very fulfilling and gives her insight into the difficulties faced by employees who may have been treated unfairly.

Notable cases

Rhondda Cynon Taff v Tina Griffiths(2006) (UKEATPA/1477/05/SM) Joanne represented the local authority in an appeal to the EAT on a point of principle regarding when an extension of time should be granted to lodge a notice of appeal to the EAT in circumstances where written reasons were not received by a party until the time period for appealing had lapsed.

Marjorie Dugan v Department of Transport(2009) Joanne successfully represented the Department of Transport in an interesting indirect sex discrimination case concerning the application of voluntary early retirement schemes and compulsory early retirement schemes.

Llewhelenn v Ceredigion County Council(2012). Joanne acted for Ceredigion County Council in an unfair dismissal claim, race discrimination and age discrimination claim involving a school teacher.

Cosgrove v South Wales Police Authority(2012). Joanne acted as a legal advisor to the South Wales Police Authority appeal panel which involved the dismissal of a senior member of staff on grounds of dishonesty. This case was particularly sensitive.

Sophal v Her Majesty’s Revenue & Customs(HMRC) (2013). Joanne acted for HMRC in an extensive race discrimination claim.

Coles v Ministry of Defence (2015) EKEAT/0403/14/RN Joanne acted for the MOD in a case involving the correct interpretation of the Agency Workers Regulations 2010. Click here.

Rebecca Hopkins v Aneurin Bevan Local Health Board (2017). Joanne acted for the health board in a disability discrimination claim which concerned alleged bullying over an extensive period of time and successfully argued that the claim was brought out of time and that it was not just and equitable to extend time.

Susan Murphy v Cardiff & Vale University Health Board (2018). Joanne acted for the health board in an unfair dismissal claim which involved very serious allegations of homophobia against a senior nurse which in turn had serious implications for patient safety. Joanne was successful in the defence of this claim. The Claimant was forced to withdraw her claim following lengthy cross examination by Joanne during which the Claimant’s discriminatory views and practices were fully exposed.

Jones v Merthyr Tydfil CBC (2018). Joanne acted for the local authority in this whistle blowing claim brought by a relatively long serving and senior employee of the Human Resources department. Joanne was successful in the defence of the automatic unfair dismissal claim as well as the detriment claim.

Spackman v Cardiff & Vale UHB (2018). Joanne acted for the health board in this unfair dismissal and complicated disability discrimination claim involving sensitive issues.

Catherine Thomas v Public Health Wales (2020/2021). Joanne acted for Public Health Wales in a claim brought alleging multiple allegations of disability discrimination and as well as constructive dismissal where the Claimant was suffering with severe mental health difficulties. Joanne was successful in a strike out application in which all claims were ultimately struck out.

Hughes v Ofsted (2021). Joanne successfully acted for Ofsted in a constructive dismissal claim brought against it in which the Claimant alleged a campaign of bullying by her line manager over a lengthy period of time.

Harrison v Cardiff City Council (2022). Joanne successfully acted for the local authority in a case involving direct age discrimination following an unsuccessful interview.

Sohpal v HMRC (2022). Joanne acted for HMRC in a direct belief/religious discrimination claim concerning the posting of controversial covid 19 views on a workplace communication forum.

Kissick & Others v Department for Education (2023). Joanne acted for the Department for Education in a complex TUPE claim brought against it by four Claimants, two of whom were company directors.

"Outstanding, very committed and extremely knowledgeable in her field. Her drafting and advocacy skills are excellent." "She can deal with the most difficult and challenging of cases in a sensitive manner. She is a great advocate, who is able to calm her clients down and bring out the best in them."

Chambers and Partners 2021

"Joanne Willliams is very professional and extremely effective"

Legal 500 2011

"She leaves no stone unturned during cross-examination."

Legal 500 2015

Inquests and Inquiries

In recent years Joanne has made frequent appearances at Inquests on behalf of a number of different organisations and clients. She has acted on behalf of the Ministry of Justice in respect of deaths in prisons in Cardiff, Swansea, Exeter and in Kent. She is fully conversant with all the necessary requirement for the conduct of inquests which need to comply with Article 2 of the ECHR. She has acted for a doctor who was potentially at fault in respect of the death of a baby during the course of delivery at hospital. Joanne has also been instructed on behalf of insurers in respect of deaths which have occurred in the workplace and in road traffic accidents.

Joanne regularly acts for the families of deceased persons. In 2016 she acted for the daughters of an elderly lady who had died in a care home. The daughters were convinced that their mother had been treated negligently by some of the staff at the care home relating to the way in which she was fed. The pathologist who gave evidence to the inquest initially reported that the cause of death was aspiration pneumonia but during the course of his evidence without any prior warning, he changed his opinion and asserted a wholly different cause of death. As a consequence the coroner concluded that death was attributable to natural causes. Following the inquest, the daughters obtained independent pathological evidence which demonstrated, very convincingly, that the cause of death had been aspiration pneumonia. Based upon this evidence, primarily, Joanne sought a fiat of the Attorney General to challenge the conclusion of the inquest and, his fiat having been granted, proceedings in the Divisional Court were instituted which led to the quashing of the conclusion and a new inquest being ordered. Joanne will act for the daughters at the new inquest which is yet to be listed.

Most recently, Joanne has acted for the widow of a young man who died in hospital as a consequence of clinical negligence and the dependents of a young man who was electrocuted during the course of his employment as an electrician. Following the inquests, Joanne was instructed in both civil claims. One has been settled on advantageous terms and the other is ongoing but with every expectation of a favourable outcome.

Joanne is currently instructed on behalf of the family of an elderly person who died in a care home. The inquest is yet to take place but there are significant and serious issues as to the standard of care which the deceased received whilst resident at the care home. The care home has been the subject of detailed investigation by Care Inspectorate Wales.

Personal Injury

Joanne has a substantial personal injury practice acting for both Claimants and Defendants in employers’ liability, public liability, occupiers liability, product liability and road traffic cases. She has experience in disease cases, including HAVS, deafness and stress claims.

Joanne has acted for Local Health Boards across Wales, many of the major insurance companies, a number of government departments and she has also been instructed on behalf of the Welsh Assembly Government. Over the last few years in particular Joanne has been instructed with much greater frequency on behalf of Claimants through their unions and under conditional fee arrangements in a variety of claims. She has considerable experience in advisory work, settling pleadings, including schedules of special damages and counter schedules and her advocacy experience extends to a high level, including the High Court and the Court of Appeal. Recently Joanne was instructed and led in a very serious brain injury case which attracted an award in excess of 1.2 million.

Joanne is currently handling a large employers liability claim in which the Claimant was electrocuted at work as a result of which she suffered very significant neuro-psychiatric injuries, a fatal accident claim following the electrocution of an electrician during the course of his employment with his local authority employment and a claim by an anaesthetist in which she alleges that she has suffered a brain injury as a consequence of an unsafe system of work being in existence during the course of eye surgery at a hospital in London.

Notable Cases

Axa General Insurance Ltd v David Dawe(2005) High Court. Appeal from the county court by the Claimant in respect of a summary judgement application by the Defendant. The case was heard before Mr Justice Pitchford. (as he then was) Joanne acted for the Defendant and successfully argued that the appeal should be dismissed. The case involved important issues as to the interpretation that should be applied to various parts of the CPR.

Parkes v Meridian (Nottinghamshire and Derbyshire Deafness Test Litigation)(2007) EWCH B1 (QB) Joanne had early involvement as a junior in the preparation of this litigation on behalf of the Claimants.

Stephen John Deakin v Gwynedd County Council & Welsh Ministers (2009). Joanne represented the Welsh Assembly and the local authority in a case involving the extent of the duties owed by a highway authority in respect of skid resistant surfaces.

Roger Amos v Gwent Probation Service(2009/2010) This case involved interesting issues about the existence/extent of the duty of care owed by the Probation Service to prisoners whilst under their supervision in prison.

Lewis Watkins v Sheila Howells (2015) This was a serious brain injury case in which Joanne was led and which settled for in excess of 1.2 million.

Malcolm Smith v Ministry of Defence (2017) This was an industrial deafness claim in which the Claimant was successful at first instance. Joanne successfully acted for the MOD at the first appeal. She also acted for the MOD at the second appeal in the Court of Appeal.

"The "Tough and clever advocate" Joanne Williams joins the tables on the strength of clients' admiration of her "ability to sort the wheat from the chaff – she does not waste time on the immaterial." She has a varied practice and is regularly involved in EL/PL and RTA cases for both defendants and claimants"

Chambers UK Guide 2012

"Joanne Williams has a broad personal injury practice which includes EL/PL and RTA cases."

Chambers UK Guide 2013

‘She is thorough in her preparation, and practical

and straight-talking in her advice.’

Legal 500 2015

Contact

For further information please contact our clerks, who will be able to help you with any questions.

+44 (0)2920 375020

clerks@civitaslaw.com

Expertise

Barristers

Door Tenants

Vertical Tabs

Overview

Administrative and Public

Clinical Negligence

Employment

Inquests and Inquiries

Personal Injury

Notable Cases

Contact

Expertise

Civitas Law

Contact

Expertise

Barristers

Door Tenants

You are here

Joanne Williams

Vertical Tabs

Overview

Administrative and Public

Clinical Negligence

Employment

Inquests and Inquiries

Personal Injury

Notable Cases

Contact