Katie Longstaff
Call: 2013
Barrister
Katie Longstaff specialises in commercial chancery and general commercial litigation, with a particular focus on insolvency work. She regularly appears as sole counsel in the High Court and recently appeared in the Supreme Court as second junior for the respondents in Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and others [2018] UKSC 57. She acts for international and domestic clients across a broad range of sectors (including financial services and real estate) and is a contributing author to the Personal Insolvency volumes of Atkins.
Katie’s practice covers all aspects of corporate and personal insolvency work. She often acts for both directors and office-holders in high-value cases and, as a result is regularly in court against silks. Many of her cases involve cross-border issues, particularly in the context of New Zealand bankruptcies. She is a contributing editor to the insolvency volumes of Atkins Court Forms.
Her recent work includes:
- TPS Investments (UK) Limited (In Administration) [2018] EWHC 360 (Ch) – Representing the interested parties in insolvency proceedings, who claimed to be creditors of property investment company TPS in a sum exceeding £40 million and to have a proprietary interest in the proceeds of the sale of its properties by virtue of a Quistclose trust
- Advising liquidators on issues concerning the constitution of liquidation committees, statutory subrogation and the FCA, and the Court’s powers in relation to remuneration applications
- Advising on and drafting an application to determine and realise a trustee’s interest in a substantial property, in a case concerning legal and equitable lifelong leases, section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, proprietary estoppel and competing proprietary interests
- In the matter of Highbeam Homes (Donnington) Limited (In administration) (2018)– Successfully representing administrators seeking to realise the company’s only asset, a newly built property, in the context of a creditor claiming retention of title and arguing that Joint Contracts Tribunal terms did not apply.
- Successfully defending a company at a multi-million pound contested winding up petition hearing, which gave rise to issues of limitation and the Proceeds of Crime Act 2002 in the context of bankruptcy
- BAE Systems Pension Funds Trustees v Bowmer and Kirkland Ltd [2017] EWHC 1200 (TCC) – Acting for sole counsel to the administrators in opposing an application to lift the statutory moratorium
- Representing the Official Assignee of New Zealand in several cross-border bankruptcy cases.
Katie is regularly instructed to advise, draft pleadings and represent clients in commercial cases, many of which are banking, property and technology matters.
Her recent work includes:
- Acting as junior counsel on a multi-million pound share dispute
- Jones v Hamilton (2018)– Acting as junior counsel in preparation for a five-day account and enquiry hearing requiring the claimant to account for profits made in respect of a multi-million pound property development project, requiring analysis of a complex group structure spanning the UK, BVIs, Luxembourg and France
- Successfully defending a company at a multi-million pound contested winding up petition hearing, which gave rise to issues of limitation and the Proceeds of Crime Act 2002 in the context of bankruptcy.
Katie assists banks and investors in relation to a wide range of disputes and advisory matters, often involving cross-jurisdictional issues.
Her recent work includes:
- Acting as sole counsel to a well-known German bank in a trial in the Chancery Division, defending a common-intention constructive trust claim
- Representing a well-known German bank in a matter giving rise to various issues concerning the registration of an authentic instrument under the Civil Jurisdiction and Judgments Act 1982 and the variation of consequential orders
- Advising foreign lenders on service outside of the jurisdiction matters, including the scope and applicability of the Judgments Regulation and the Civil Jurisdiction and Judgments Act 1982.
Katie practices in all areas of company law, including directors’ duties, shareholders’ rights, shareholder agreements, and the tracing and recovery of corporate assets. She is particularly well-placed to advise on company law issues arising from corporate insolvencies.
Her recent work includes:
- Acting as junior counsel on a multi-million pound shareholder dispute
- Acting as sole counsel for the petitioner in the High Court on an unfair prejudice petition
- Advising directors in respect to misfeasance claims against them, including the application of the Re Duomatic principle
- Advising and drafting claims for the restoration of companies in complex cases (including those involving matters of insolvency law, trust issues and pensions).
Katie has a broad real estate practice, with significant experience in property law issues affecting banks and/or arising from insolvency. She is particularly sought after to appear in complex mortgage possession cases.
Her recent work includes:
- Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and others [2018] UKSC 57 – Appearing as second junior for the successful respondents in the Supreme Court, in the leading case concerning recreational easements
- Advising and representing a mortgage lenders on a range of issues, including applications for permission to enforce a orders pursuant to CPR 83.2.3, Gomba Holding applications and civil restraint order issues.
Katie regularly writes and speaks on her areas of expertise, and is happy to deliver training to clients. Here recent publications include:
- Corporate Rescue and Insolvency, case report, TPS Investments (UK) Ltd (In Administration), Re [2018] EWHC 360 (Ch) and Ve Vegas Investors IV LLC v Shinners [2018] EWHC 186 (Ch)
- Corporate Rescue and Insolvency, case report, Gillan and Others v HEC Enterprises Ltd and Others [2016] EWHC 3179 (Ch)
- Contributing editor to the Personal Insolvency volumes of Atkins Court Forms.
Katie graduated from Durham University in 2010 (1st Class, LLB ELS), having achieved the highest mark in the commercial law module that year and won the Commercial Law Prize. She interned at the UN International Criminal Tribunal for the Former Yugoslavia and worked for an international technology consultancy firm in the City, before becoming a barrister. She completed the BPTC at College of Law, London in 2013.
- Commercial Bar Association (COMBAR)
- Chancery Bar Association (ChBA)
- London Common Law & Commercial Bar Association
- Midland Chancery and Commercial Bar Association (MCCBA)
- Young Barristers’ Committee to the Bar Council.
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