Professional practice

Katherine has a broad commercial practice, involving both litigation and arbitration, with a particular focus on civil fraud, professional negligence, employment, and banking and finance. Since commencing practice, she has been instructed in several large-scale cases, the majority of which have had an international element, including:

  • The five week trial of E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & Ors [2022] EWHC 229 (Comm) (led by Huw Davies KC) in which E D & F Man succeeded in their claims for deceit and unlawful means conspiracy;
  • The two day jurisdiction hearing in ID v LU [2021] EWHC 1851 (Comm) (led by Huw Davies KC);
  • Navigator Equities Ltd v Deripaska (led by Nathan Pillow KC) which is listed for a four day trial in 2022;
  • Libyan Navigator Co  Ltd v Libya Insurance Company (led by David Walsh) which involved inter alia a successful application for a letter of request for production of documents.

Katherine also recently undertook an eight month secondment at RPC within their civil fraud and regulatory practice areas.

Together with her commercial practice, Katherine is also currently acting on a number of employment cases, including InHealth Pathology Limited v Dr Steven Fox & Ors (led by Ed Brown KC) – which involves claims for breach of  confidence and wrongful interference with confidential information – and a claim against a former director for breaches of his employment contract and fiduciary duties.

Katherine also has a developing practice in competition law and public law. In 2022 Katherine spent four months on secondment in Freshfields Bruckhaus Deringer’s antitrust litigation team during which time she advised on regulatory and competition law issues and assisted with an application for judicial review.

 

Arbitration & related court applications

Katherine has been instructed in several arbitrations, particularly in relation to disputes concerning allegations of civil fraud or arising from an insurance context, including:

  • An arbitration on behalf of American insureds in relation to a coverage dispute with P&I insurers and excess insurers, involving allegations of material misrepresentation and non-disclosure;
  • A commercial arbitration under the JAMS International Arbitration Rules for a claimant in a claim arising out of breaches of a securities loan agreement and involving allegations of force majeure, penalty clauses and relief from

Katherine has also provided research assistance 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 to two Members of Chambers for the new edition of Mustill and Boyd on Commercial Arbitration.

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 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

Many of Katherine’s cases have a banking or financial context to them. For example:

  • E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & ors [2022] EWHC 229 (Comm): Acted (led by Huw Davies KC) for the successful claimant in Commercial Court proceedings arising out of the provision of forged warehouse receipts in a “repo” transaction for the sale and repurchase of nickel. The case was heard over five weeks in 2021 and the trial involved expert evidence in the field of market practice in metal repurchasing transactions.
  • Advised a bank on the impact of sanctions on Russian entities in respect of loan agreements. Advised as sole counsel on the circumstances in which an all monies guarantee can be varied.
  • Katherine recently assisted with editing the volume of Atkin’s Court Forms on guarantees and provided research assistance for the 8th Edition of Andrews & Millett on Guarantees (forthcoming) to Members of Chambers on consumer credit transactions, performance bonds, bank guarantees, letters of comfort, and the law surrounding contracts of suretyship.Katherine has also recently written an article on the limitation period for interest rate swaps: ‘The classification of interest rate swaps as contingent liability cases’ (2022) 7 JIBFL 468.

 

Civil fraud & asset recovery

Katherine has a broad fraud practice and the majority of her cases have a fraud context or allegations of fraud. Having been seconded to the civil fraud team at RPC for five months in 2021, as well as instructed on a number of substantial matters, she has gained considerable experience of the full range of issues which arise in civil fraud litigation from freezing orders to committal applications. For example:

  • E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & ors [2022] EWHC 229 (Comm): Acted as junior counsel (led by Huw Davies KC) for the successful claimant in Commercial Court proceedings arising out of a £300 million fraud involving the provision of forged warehouse receipts in a “repo” transaction for the sale and repurchase of nickel. The case was heard over five weeks in 2021.
  • ID v LU [2021] EWHC 1851 (Comm): Acted (led by Huw Davies KC and Felix Wardle) for a Ukrainian oligarch in a high-value claim involving in resisting a jurisdiction challenge.
  • Navigator Equities Ltd v Deripaska: Acting (led by Nathan Pillow KC) in committal proceedings.
  • Acting in an arbitration on behalf of American Insureds in relation to a coverage dispute involving allegations of material misrepresentation and non-disclosure.
  • Advising on potential claims of conspiracy and vicarious liability for the employees’ involvement in a conspiracy;
  • Advised (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, as well as advising on potential interim relief including Norwich Pharmacal relief.
  • Advised on the prospects of commencing committal proceedings for knowingly making a false statement in a witness statement or affidavit, in circumstances where the potential defendant is resident outside the jurisidiction.
  • Advised on the merits of a potential claim for malicious prosecution.
Commercial chancery disputes

Katherine has a particular interest in commercial chancery disputes – having taught trusts law at the London School of Economics prior to joining Essex Court Chambers.

Many of her cases involve trusts law, including E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & ors [2022] EWHC 229 (Comm) (led by Huw Davies KC for the successful claimant) in which Calver J granted the claimant declarations that traceable proceeds were held on constructive trust.

Katherine is also currently instructed for the second defendant in Investbank PSC v El-Husseini & Ors, defending a s.423 claim, and is also currently assisting a company with an application for delivery up of a client file.

She has also been instructed as sole counsel to advise on commercial chancery matters, including on the advantages and disadvantages of a dormant LLP being kept on the register at Companies House and the protection afforded to members by a business and asset purchase agreement where the business and assets of the LLP have been sold.

Katherine has also 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.

Commercial dispute resolution

Commercial dispute resolution lies at the heart of Katherine’s practice and the majority of Katherine’s cases, both led and unled, have a commercial context. Examples include:

  • Acted (led by Huw Davies KC) in E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & ors for the successful claimant.
  • Advising on the terms of a major telecommunications contract and their implementation;
  • Acted (as sole counsel) in a claim in the Commercial Court for damages for breach of a netting agreement between two oil traders.
  • Acted (as sole counsel) in a dispute between a finance company and borrower involving allegations that the finance company failed to mitigate losses by using an auction process rather than a private sale. A one day trial took place in the county court.
  • Acting (as sole counsel) in a dispute arising out of a consultancy agreement which gives rise to issues relating to implied terms and unjust enrichment.
  • 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.

Katherine has also recently published an article on how the scope of the transferred loss principle has been clarified by English courts in the last four years, which is available here.

Conflict of laws & private international law

Katherine’s practice has an international focus and she is frequently involved in litigation involving jurisdictional issues. She is currently acting in a jurisdiction challenge and she previously acted (led by Huw Davies KC and Felix Wardle) in ID v LU [2021] EWHC 1851 (Comm) on behalf of the claimant. While seconded to RPC, she also worked on a jurisdiction challenge. She has also been worked on numerous cases involving a foreign governing law, including the laws of Ukraine, South Africa, Malaysia and the United States.

Employment

Katherine has been instructed to advise and act in a number of employment disputes. For example:

  • Acting for the claimants in InHealth Pathology Limited v Dr Steven Fox which involves claims for breach of confidence and wrongful interference with confidential
  • Advising on claims against a former director for breaches of his employment contract and fiduciary duties;
  • Advising on possible claims of vicarious liability and agency against parent companies;
  • Advised as sole counsel on claims for constructive dismissal, discrimination and victimisation;
  • Provided research assistance on unlawful dismissal claims;
  • Provided research assistance on indemnities in employment contracts.
Energy & natural resources

Acted (as sole counsel) on a claim in the Commercial Court for damages for breach of a netting agreement between two oil traders.

Assisted a Member of Chambers in a dispute relating to the application of a costs option in an agreement to transport oil.

Insurance & reinsurance

Katherine has been instructed to advise and act in a number of insurance disputes. She is currently acting in an arbitration on behalf of American Insureds in relation to a coverage dispute involving allegations of material misrepresentation and non-disclosure. She was also instructed as junior counsel 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. The case raised issues of material non-disclosure, and also involved an application for a letter of request for documents to be produced in Bulgaria.

During pupillage, Katherine worked on a number of insurance claims, including the FCA test case concerning whether business losses suffered as a result of COVID-19 fall within the scope of business interruption insurance.

Investment treaty disputes

Advised a government on potential investment treaty claims against it and on the specific wording of the investment treaty in question which provided that an arbitration would only take place if the parties subsequently gave their consent.

Media, art, entertainment

Katherine has a particular interest in cases relating to media, art and entertainment. She is presently acting as sole counsel for a highly-regarded art dealer, as well as for a well-established auctioneer in relation to a claim relating to their lease. Katherine also recently wrote a case note (available here) on the decision of Hickox v Dickinson [2020] EWHC 2520 (Ch), in which Ms Clare Ambrose sitting as a deputy High Court judge considered the art-world custom of not disclosing the names of private buyers of art works.

Katherine has also assisted with advising on media law issues, including potential claims arising from the publication of personal information in newspapers and the availability of injunctions for defamation and the publication of confidential information.

Professional negligence

Katherine has a particular interest in litigation concerning allegations of professional negligence.  She is currently acting for a big four firm in regard to claims arising from a very substantial corporate collapse. In 2020/2021 Katherine was seconded to RPC for eight months, during which time she assisted RPC’s regulatory team with a major FRC investigation. Katherine has also acted as sole counsel in proceedings involving a claim for professional negligence on the part of paralegals, as well as claims for breaches of the Consumer Rights Act and the Consumer Protection from Unfair Trading Regulations 2008.

Public international law

Katherine has been instructed to advise and act in a number of cases involving issues of public international law. For example:

  • Advised on issues of state immunity in the context of freezing injunctions and third party debt
  • Advised on sanctions-related issues, including the impact of Regulation 2022/328 and Regulation 2022/428 on loan agreements.
  • 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.
Shipping & admiralty

Katherine has been instructed to advise and act in a number of shipping disputes. For example:

  • Acted as junior counsel 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. The proceedings involved a successful application for a letter of request for documents to be produced in Bulgaria.
  • Advised charterers on a claim arising out of the fouling of the chartered vessel which was unable to enter the port where it was due to deliver cargo.
  • Advised on a defence to a demurrage claim and a potential unjust enrichment claim relating to the failure to deliver vessels to the owner.
Unjust enrichment & restitution claims

Many of Katherine’s cases involve claims arising out of unjust enrichment, which is an area of English law in which Katherine has a particular interest having studied restitution on the BCL. Katherine is currently advising as sole counsel on a potential civil fraud claim which raises issues of failure of consideration and undue influence and also recently assisted with research for a claim relating to mistaken forbearance and set off. During pupillage, Katherine worked on a number of unjust enrichment cases including claims arising from a breach of privacy and in relation to a proprietary claim for the return of Bitcoin.

Career

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

Education

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

Awards

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

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