Profile: Commercial Disputes
Kate is recognised as a leading junior for commercial, banking, insolvency and Chancery law.
Experience and Expertise
Kate has a busy commercial practice, being instructed in many core contractual disputes and disputes of a purely commercial nature, alongside her well-established insolvency practice. Regularly appearing in the High Court and the County Court means that Kate has developed a wealth of advocacy experience, including significant trial experience and injunctive experience. She is a diligent advocate with particular attention to detail, enabling her to get to the root of a problem quickly.
Kate’s core commercial litigation work includes being instructed to both claim and defend in a variety of contractual disputes, from Share Purchase Agreements of meticulous detail to oral agreements with little documentation, dealing with issues such as the construction and meaning of contracts; exclusion clauses; parties to a contract; and many other detailed elements of construction (a topic on which she has also given seminars). In addition she has experience of contracts within the world of sport, such as boxing.
Also included within her contractual dispute practice are claims centring on the engineering industry and on machinery specification. Kate therefore has experience of appearing in the Technology and Construction Court.
Kate has been described as a tenacious advocate and she combines this with strong commercial acumen. She takes a practical approach when dealing with client’s cases and is always happy to advise on the commercial reality of a particular dispute, giving practical advice as to the best way forward for a client. Kate’s advocacy practice encompasses significant trial experience and written advocacy alongside her advisory and paperwork practice.
In addition to her day-to-day practice, Kate contributes articles to Insolvency publications and speaks at seminars, both within chambers and in-house at a client’s premises. Kate also gets involved in events outside of chambers, including acting as a judge for the National Sports Law Negotiation Competition at Wembley and also sitting on the Young Barristers’ Committee to the Bar Council for a period of 5 years, assisting in policy development and advancing the interests of the junior bar within the professional body.
As an aside Kate is appointed by the FA to sit as part of a panel hearing and considering cases of misconduct within football. This involves listening carefully to the differing accounts of an incident before deciding whether a matter is proved to the required standard and determining the appropriate punishment in accordance with the FA rules and handbook.
Cases and Work of Note
- Instructed as a junior to obtain injunctive relief in a multi-million pound dispute related to the construction of a care home and assisted living accommodation. Arguments centred on the financing of the project; inter-company funding; and conspiracy to defraud.
- Representing a high street bank in proceedings with various allegations relating to the alleged mis-sale of an interest rate hedging product (a cap with a knock in floor). The allegations against the bank are made on the basis that this particular product was found to be unsuitable for certain customers by the FCA after the market crash and consequential reduction in interest rates in 2007/2008. The defence to such allegations is that the ‘knock in floor’ element of the product is not fully understood by those advancing the allegations and that it did not have the effect contended for.
- Acting for a global adhesives manufacturer in a Commercial Court action brought against a manufacturer of industrial mixing vessels supplied in the UK for use in Germany; France; Italy; and China (English jurisdiction clause). The claim is valued at £2-3million and is brought on allegations of breach of contract; negligence; breach of statutory duty in accordance with European regulation; and misrepresentation. The case is highly technical and relies heavily on expert input as to the engineering element of our claim.
- Instructed on behalf of the UK’s largest on-line ticket sales provider to advise and obtain injunctive relief in a contractual dispute arising out of major contracts for the exclusive sale of tickets on behalf of well-known UK venues. Issues concern contractual construction in the main.
- Presently acting for a well-known high street bank (from which regular instructions are received) in a sensitive matter concerning misrepresentation and fraud against the bank (specifically mortgage fraud), where the primary concerns are that the bank was deceived and reputational issues played a key role.
- Instructed to (a) defend an action brought against our clients for breach of directors’ duties; passing off; and like causes of action arising out of a shareholder dispute; and (b) to present a s.994 petition in respect of the same dispute, where the company over which the dispute is concerned is valued at £6million.
- Instructed in an arbitration concerning the sale of a dental practice, primarily concerning interpretation of the warranties given and due diligence information provided that formed the basis of the contractual documentation on sale.
- Acted for the Defendants in a contractual claim brought in respect of alleged damage to goods whilst in storage. The case involved a significant volume of evidence and scheduling of items and concerned arguments of contract; bailment; and appropriate remedy.
- Instructed to appear in the trial of a preliminary issue on limitation, in a matter where serious allegations were made against a household name appearing in a well-known TV series. Successful on trial of preliminary issue.