Kate Rogers - Radcliffe Chambers

COMMERCIAL DISPUTES AND FRAUD

Kate has a busy commercial practice encompassing commercial chancery litigation with particular experience in civil fraud. Kate is instructed in respect of commercial contracts concerning the supply of goods and services, business sale and Share Purchase Agreements, shareholder agreements, and contracts entered into in the engineering industry concerning machinery specification. Issues arising include 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.

Kate’s practice often involves issues of civil fraud, she is instructed for both claimants and defendants in claims including deceit, misrepresentation, conspiracy, breach of fiduciary duty, and dishonest assistance. She has experience of obtaining early injunctive relief in such circumstances (often by way of freezing order) and of proprietary remedies or tracing claims in order to seek the recovery of assets.

Kate is ranked for commercial, banking, insolvency and chancery law by The Legal 500 UK Bar.

Her recent work includes:

Acting for a bridging lender in respect of a fraud perpetrated upon the lender. Obtained an urgent freezing injunction followed by the issue of proceedings for conspiracy to commit the tort of deceit and misrepresentation, alongside a claim for proprietary remedies including the right to be subrogated to an earlier charge.
Advising a well-known global clothing brand as to whether a supplier’s terms had been sufficiently incorporated into a contract between them.
Obtaining injunctive relief in a multi-million pound dispute related to the construction of a care home and assisted living accommodation, with 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), 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.
Acting for a global adhesives manufacturer in a £2-3million breach of contract, negligence, and misrepresentation claim brought against a manufacturer of industrial mixing vessels supplied in the UK for use in Germany; France; Italy; and China.
Acting for 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.
Acting for a well-known high street bank 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

BANKING AND FINANCIAL SERVICES

Kate acts for international banks in business-critical cases. She has experience of a variety of disputes, including claims of misrepresentation, undue influence, undervalue of security, and forged documents (created and registered both nationally and internationally) designed to defeat the Bank’s interest in the security.

Possession hearings formed a large part of Kate’s junior practice and she continues to act for Banks seeking possession of property, particularly when the matter is defended to trial and issues of a more complex nature arise. She has particular experience as trial counsel in matters concerning undue influence and misrepresentation. Kate regularly finds herself instructed in multi day trials claiming high value sums for a particular high street bank.

Kate also has significant experience (both advisory and at trial) in dealing with cases involving personal guarantees, including allegations that such guarantees are defective and that they have been delivered in escrow.

Kate has advised and appeared in Court on a variety of matters concerning the Consumer Credit Act 1974, including acting for finance houses on many occasions.

Her recent experience includes:

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), 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.
Representing an international bank in a claim seeking recovery of business debts secured against residential property co-owned by the wife of the guarantor, defended on the basis of misrepresentation, undue influence, and allegations of quasi-fraud on the part of the bank
Acting for a high street bank in a claim for possession in which repayments were being maintained but the mortgagor was deceased, with his widow claiming rights under the mortgage
Advising in relation to a series of personal guarantees entered into in respect of loans. Issues arising include allegations that the guarantees were time limited; were not ‘all monies’ guarantees.

INSOLVENCY

Kate has extensive experience of both corporate and personal insolvency. She frequently acts in cases concerning transactional avoidance, misfeasance and/or breach of fiduciary duties, wrongful trading, fraud, and trusts. She is also experienced in obtaining urgent injunctive relief and acting in contested winding up proceedings.

Kate advises on technical aspects of insolvency practice and procedure, including advising in solvent liquidations, seeking directions from the court in respect of the validity of appointments, advising on the interplay between the Proceeds of Crime Act 2002 and insolvency matters.

The directories consistently describe Kate as “technically excellent” in insolvency matters (“She combines excellent attention to detail with a very good grasp of technical insolvency matters.” (Company and Insolvency, Legal 500 UK Bar 2021)) as well as being “approachable” and “a pleasure to work with” (Restructuring/Insolvency, Chambers UK Bar 2022).

Kate has extensive High Court advocacy experience and is described by the directories as being “a fantastic advocate”; “a tenacious advocate” and “quick on her feet in the court room”.

Kate also contributes articles to insolvency publications (including R3; Corporate Rescue and Insolvency; and Insolvency Intelligence), as well as being a contributing author to Insolvency Litigation: A Practical Guide (published by Sweet & Maxwell) and regularly speaks, both in-house within solicitors’ firms and at chambers’ publicised seminars. She has appeared on LexisNexis webinars covering insolvency issues, such as European insolvency regimes and insolvency within the travel industry.

Her recent experience includes:

Re Bedborough [2021] EWHC 220 (Ch); [2021] B.P.I.R. 581; [2021] 2 P. & C.R. DG1 – instructed for the successful Trustee in Bankruptcy in a dispute concerning the validity of a trust deed; a transaction at an undervalue; and the issue of whether immeasurable consideration in the form of a promise not to divorce is capable of being measured in money or money’s worth for the purpose of the transactional avoidance provisions in the Insolvency Act 1986.
Re. Robinson [2020] EWHC 2928 (Ch) – instructed for the successful Trustee in Bankruptcy in this first authority to be decided under s.314 and/or Schedule 5 of the Insolvency Act 1986, in particular the inter-relation between these provisions and the extent of the powers given to a trustee in bankruptcy.
Re. Mittal [2020] EWHC 1550 (Ch); [2020] B.P.I.R. 1151 – instructed for the successful petitioning creditor on this high profile contested bankruptcy (reported by The Times to be the biggest bankruptcy in UK history). The petitioning creditor was owed c.£140m by Mr Pramod Mittal, the younger brother of the steel tycoon Lakshmi Mittal. A bankruptcy order was made.
Irwin v Haddow (2020) – following the successful claims brought by the FCA against the well-known fraudster Renwick Haddow in 2018, Mr Haddow’s wife claimed to be the beneficial owner of a 50% interest in central London property held in the name of an offshore company (found to be a front to conceal Mr Haddow’s true ownership). The court found for Mr Haddow’s Trustee in Bankruptcy and denied the wife’s claim.
Advising the Trustee in Bankruptcy as to ownership of properties in this jurisdiction allegedly held by companies incorporated in Bermuda, despite the companies having been dissolved at the point the properties were purchased, in a matter further complicated by two sets of Proceeds of Crime Act proceedings, both before and after the purchase of the properties, and competing claims to the properties arising from the bankrupt, the Trustee in Bankruptcy, the Crown Prosecution Service and bona vacantia (ongoing)
Victory House v RGB [2018] EWHC 1143 (Ch); [2019] Ch. 1; [2018] 3 W.L.R. 1024; [2019] B.C.C. 87; [2018] B.P.I.R. 1195 – Acted for the successful Applicant seeking an injunction to restrain presentation of a winding up petition in circumstances where the Respondent had the benefit of an adjudication decision in its favour. This case defined the relationship between the construction adjudication procedure and winding up in the Companies Court. Appeared as sole counsel at the first hearing, then led by David Chivers QC at the subsequent hearing.
Bhogal and Bhogal v Knight [2018] EWHC 2952 (Ch); [2019] B.P.I.R. 41 – Instructed for the successful appellant on the appeal brought by creditors against the supervisor of an IVA concerning the issue of costs.
Robert v (1) Palfrey and Lemon (2) Talipova [2018] EWHC 135 (Ch) – Acting for the successful Trustee in Bankruptcy in a dispute over the ownership of shares, notably whether the bankrupt’s shares had been charged as security or whether the alleged documentation had been produced after the bankruptcy and accordingly whether the alleged agreement was a ‘sham’
Reed v (1) Samuel-Camps (2) Bank of Ireland [2016] EWHC 2314 (Ch) – Acting for the First Respondent Receiver, appointed by the Bank of Ireland, in proceedings brought by Mr Reed alleging breach of the duty of good faith by the First Respondent and seeking injunctive relief to prevent the sale of the property concerned

COMPANY

Kate has an extensive Company Law practice. She is particularly experienced in unfair prejudice petitions and of the numerous and varied issues that arise in such actions. Kate’s experience encompasses a wide range of company matters, from unfair prejudice petitions; derivative actions; actions concerning share purchase agreements; actions concerning the validly of directors’ actions, directors’ remuneration, or dividends; to numerous applications pursuant to the Companies Act 2006 (e.g. applications for production of records and accounts; defending allegations of unlawful dividends; and applications for rectification of the register (sometimes as a precursor to an unfair prejudice petition by a minority shareholder)). Kate has also acted in matters of directors’ disqualification.

Kate has significant experience of disputes arising from share purchase agreements, both in relation to breach of warranty claims and enforcement of share purchase agreements when necessary. Kate’s shareholder dispute experience also encompasses actions in respect of oral agreements, in particular where the beneficial interest and legal title to shares are held separately.

Her recent experience includes:

Instructed for the Petitioner in an unfair prejudice petition seeking a buy-out order of a shareholding valued at £2-3m with multiple issues, listed for a two-week trial.
Instructed for the Respondents to an unfair prejudice petition in which the sum sought for the shareholding totals £6m, allegations include both allegations of unfair prejudice and misrepresentation.
Acting for the Claimant in an action to recover funds pursuant to a share sale agreement, which was complicated by the insolvency of the company.
Applying for rectification of the register pursuant to s.125 of the Companies Act 2006, as a precursor to an unfair prejudice petition on behalf of a minority shareholder.
Applying for inspection and/or copies of company accounts and records in order to fulfil duties as director and as a precursor to potential further action.
Acting for the Claimant in an action seeking declaratory relief as to the beneficial interest in 50% of a company’s shareholding.
Acting for the Claimant in an action to enforce the terms of an oral collateral contract, entered into at the same time as a Share Purchase Agreement, relating to a deal done between two well known multi-million pound companies.

SPORT

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.

Kate has a busy practice, specialising in commercial litigation combined with a significant amount of experience in Regulatory law. In relation to the commercial elements of Kate’s practice, she has a strong focus on contractual disputes, regularly advising and appearing in court on maters concerning the construction and meaning of contracts; exclusion clauses; parties to a contract; and many other detailed elements of construction. This work has seen Kate instructed to consider the terms and effect of a contract entered into between a professional boxer and a television company. Kate has also considered management contracts in this regard.

As part of her practice Kate also has a unique offering in Regulatory law alongside the commercial element. She undertook a secondment at a Government organisation in 2011, which led to her making a successful application to the Attorney General’s regulatory panel, on which she is still appointed counsel. Thereafter Kate has been instructed in an extremely diverse range of regulatory matters, including licencing; environmental; health and safety; fire safety; illegal money lending; and disciplinary tribunals. The matters in which Kate has been instructed involving licencing and disciplinary work have been diverse and have included every step of the legal process, from advising, to written advocacy, to representation at Court/in Tribunal.

The combination of her contractual and regulatory experience allows Kate to offer a comprehensive service to clients in all areas of sport.

Kate regularly gets involved in events outside of chambers, including giving seminars, assisting with advocacy events and competitions, and judging such events where necessary. She has acted as a judge for the National Sports Law Negotiation Competition at Wembley.

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