Katherine has a broad commercial litigation and international arbitration practice in line with Chambers’ areas of expertise. Since commencing practice, she has been instructed on a broad spectrum of commercial work from banking and civil fraud to marine insurance to international arbitration. She is also assisting with research for the forthcoming edition of Andrews & Millett on Guarantees.
During pupillage, she experienced a wide range of commercial litigation and arbitration disputes, as well as media, employment, insurance and public international law disputes.
Prior to joining Essex Court Chambers, Katherine studied Law at Merton College, Oxford, where she graduated with a First. She then completed the BCL, for which she was awarded two scholarships. Katherine subsequently taught trusts and land law at the London School of Economics, alongside providing research assistance to Members of Chambers on matters of arbitration law for the new edition of Mustill and Boyd on Commercial Arbitration.
- Arbitration & related court applications
Acting (led by Jeremy Brier) in a JAMS arbitration arising out of breaches of a securities loan agreement and involving allegations of force majeure, penalty clauses and relief from forfeiture.
Assisted two Members of Chambers with research for the new edition of Mustill and Boyd on Commercial Arbitration, including on s.67 and s.69 of the Arbitration Act, on the applicable law of the arbitral agreement, and on the choice of law principles for issues such as capacity, separability and non-arbitrability.
During pupillage, Katherine assisted with a range of arbitration cases, including commercial arbitrations, enforcement and applications under the Arbitration Act. Examples include:
- Assisted a Member of Chambers in an ICC arbitration concerning a dispute arising out of an agreement for the supply of specialist telecoms equipment to a state entity.
- Assisted a Member of Chambers in an ICC arbitration concerning a dispute arising out of the purported termination of a shareholders’ agreement.
- Assisted a Member of Chambers in an LMAA arbitration concerning a claim and counterclaim arising out of an agreement for the sale and purchase of a luxury motor yacht. The case largely turned on the application of force majeure
- Assisted two Members of Chambers in an LCIA arbitration concerning a dispute arising out of a joint venture for the marketing of each party’s products, which included responding to an application for security for costs.
- Assisted two Members of Chambers on an application for an interim injunction under s.44 of the Arbitration Act 1996 to prevent a lender from wrongfully taking collateral under a securities loan agreement.
- Assisted a Member of Chambers in resisting a s.103 challenge to an order enforcing an investment treaty arbitral award which raised issues of estoppel and waiver.
- Assisted two Members of Chambers in resisting a s.103 challenge relating to whether there was a written arbitration agreement between the parties. The case raised complex issues including issues as to the applicable law and public policy grounds for refusing to enforce an arbitral award.
- Banking & financial services
Provided research assistance to Members of Chambers on consumer credit transactions, performance bonds, bank guarantees, letters of comfort, and the law surrounding contracts of suretyship when the principal becomes insolvent for the 8th edition of Andrews & Millett on Guarantees (forthcoming).
Advised (as sole counsel) on the circumstances in which an all monies guarantee can be varied.
During pupillage, Katherine worked on a number of cases connected to the banking & financial services sector, including in relation to civil fraud and contractual disputes.
- Civil fraud & asset recovery
Acting (led by Huw Davies QC and Felix Wardle) in a high-value Ukrainian oligarch civil fraud dispute.
Acting in an arbitration (led by Jeremy Brier) for the claimant seeking to recover shares transferred under a securities loan agreement.
Advising (as sole counsel) on a potential civil fraud claim for £100,000 against an accountant and financial adviser which raises a number of complex issues of misrepresentation and unjust enrichment.
Assisted three Members of Chambers with a deceit claim which arose out of the global financial crisis.
Assisted a Member of Chambers with a dispute as to whether a bank dishonestly assisted the perpetrators of a Ponzi scheme.
Assisted a Member of Chambers with a civil fraud case connected with the energy sector. The case raised a number of complex issues surrounding the applicable law and limitation periods for proprietary claims.
- Commercial chancery disputes
Assisted a Member of Chambers in a dispute concerning whether a trustee was permitted to make relevant payments under a trust deed to certain entitled beneficiaries. The case raised a number of complex issues surrounding Benjamin orders and the circumstances in which such a hearing can be held in private.
Prior to joining Essex Court Chambers, Katherine taught trusts law at the London School of Economics to undergraduates.
- Commercial dispute resolution
Katherine has a range of experience involving commercial dispute resolution, including tort, contract and unjust enrichment claims. Many of the contractual cases she has assisted with have also raised complex issues of construction. Examples include:
- Acting (as sole counsel) in a dispute between a finance company and borrower involving allegations that the finance company failed to mitigate £25,000 worth of losses by using an auction process rather than a private sale.
- Assisted two Members of Chambers with a dispute between an investor and an investment manager operating an algorithmic trading strategy concerning allegations of misrepresentations and breach of contract.
- Assisted a Member of Chambers in resisting an application to have freezing orders set aside. The case raised a number of issues including the circumstances in which an English court can make an order which involves the commission of an offence under foreign law.
- Conflict of laws & private international law
Acting (led by Huw Davies QC and Felix Wardle) in a Ukrainian oligarch dispute, seeking to resist a jurisdiction challenge.
Assisted a Member of Chambers in a dispute as to whether the English courts had jurisdiction where a claim was brought against a UK subsidiary of a foreign-domiciled parent.
Assisted a Member of Chambers with drafting an advice as to whether a third party who has been assigned or transferred the rights of a contracting party is bound by an arbitration agreement in the contract.
Assisted a Member of Chambers with an application for permission to serve out of the jurisdiction.
Assisted a Member of Chambers in a dispute relating to the application of Articles 28 and 29 of the Brussels Regulation.
Assisted a Member of Chambers in a dispute relating to the enforceability of an agreement settling an unlawful dismissal claim.
Advises pro bono on employment law issues including claims for constructive dismissal, discrimination and victimisation.
- Energy & natural resources
Assisted a Member of Chambers in a dispute relating to the application of a costs option in an agreement to transport oil.
- Insurance & reinsurance
Instructed (with David Walsh) in Libyan Navigator Co Ltd v Libya Insurance Company (The “BADR”) which involves a c.US$40m claim for the total loss of a vessel following a prolonged stay in Bulgaria.
Assisted two Members of Chambers in the FCA test case on whether business losses suffered as a result of COVID-19 fall within the scope of business interruption insurance.
Assisted two Members of Chambers in an arbitration relating to an insurance claim arising from a $300 million loss.
- Media, art, entertainment
Assisted a Member of Chambers in advising on potential claims arising from the publication of personal information in newspapers.
Assisted a Member of Chambers in advising on the availability of injunctions for defamation and the publication of confidential information.
- Public international law
Assisted a Member of Chambers in an arbitration involving issues of state immunity and of when an entity will be treated as an organ of the state.
- Revenue law (including VAT, IPT, duties & excise)
Assisted a Member of Chambers with an application for permission to appeal an Upper Tribunal decision relating to the meaning of certain provisions of the Value Added Tax Act 1994.
- Shipping & admiralty
Instructed (with David Walsh) in Libyan Navigator Co Ltd v Libya Insurance Company (The “BADR”) for underwriters in a c.US$40m claim for the total loss of a vessel following a prolonged stay in Bulgaria.
Assisted a Member of Chambers in an arbitration relating to the delayed sale of a yacht.
- Unjust enrichment & restitution claims
Advising (as sole counsel) on a potential civil fraud claim which raises issues of failure of consideration and undue influence.
Assisted a Member of Chambers in advising on potential unjust enrichment claims arising from a breach of privacy.
Assisted two Members of Chambers in a dispute concerning a proprietary claim for the return of Bitcoin allegedly paid as a ransom following a malware attack.
2020: Tenant at Essex Court Chambers
2019-2020: Pupillage at Essex Court Chambers
2019: Called to the Bar (Gray’s Inn)
2018-2019: Guest Teacher in Law at the London School of Economics
2020: BPTC, City University, Outstanding
2019: BCL, Merton College, Oxford (studied conflict of laws, restitution, commercial remedies and corporate insolvency)
2018: BA Law (Jurisprudence), Merton College, Oxford, First Class
2018: Bedingfield Scholarship, Gray’s Inn
Third in the OEC Times Law Awards 2018
Highly commended in the Bar Council Law Reform Essay Competition 2018
2017: South Square Chambers Scholarship for the BCL
Merton College Barton Scholarship for the BCL
Gibbs book prize for Finals
2016: Reached national semi-finals of the Philip C. Jessup moot, representing University of Oxford
Winner of the Herbert Smith Freehills Disability Moot and the Oxford University Legal Assistance Public Law Moot.
2015: Slaughter and May Prize for Criminal Law, University of Oxford
Academic Scholarship, Merton College