Since becoming a tenant in December 2007 Katherine has developed a strong practice across all of Chambers' specialisations including: Employment, Commercial, Civil Fraud and Sports/Regulatory/Public. Please click on these links to see Katherine's practice in these areas.

In 2008-2009 her key cases included:

R(G) v X School and Y City Council: October 2009: Court of Appeal. Legal challenge by teaching assistant claiming right to legal representation at internal School disciplinary hearing under Article 6 ECHR. Katherine (with John Bowers QC of Littleton and Tim Kenward of 7 Harrington Street) represented the school and Local Education Authority.
British Airline Pilots Association v British Airways - High Court expedited trial, May 2008.The first trial concerning the scope of trade unions right to strike and the free movement provisions of the EC Treaty since the ECJ judgments in Viking and Laval. Both the union's claim and the employer's counterclaim were discontinued during the trial.
Dwain Chambers v British Olympic Association [2008] EWHC 2028 (QB) - High Court, June 2008. Junior counsel for sprinter Dwain Chambers’ challenge to provisions of the BOA’s bye-law which was preventing him from running in the 2008 Beijing Olympics.
Small & others v Boots Plc [2009] IRLR 328 UKEAT/0248/08/MAA - ET and EAT December 2007 and 2008. TUPE case concerning a profit share bonus scheme and TUPE transfer of the implied term of mutual trust and confidence.

Judicial Assistance

In October – December 2008 Katherine was Judicial Assistant to Waller LJ, Vice President of Civil Appeals at the Court of Appeal. She assisted with cases including the following:

Abbey National and others v Office of Fair Trading [2009] EWCA Civ 116. The “bank charges” case, concerning interpretation of the Unfair Terms in Consumer Contracts Regulations 1999 implementing Directive 93/13/EEC.
Weald v HMRC: making a reference to the ECJ under Article 234 EC Treaty.
Manterfield v Securities and Exchange Commission [2009] EWCA Civ 27: freezing orders applied for by a foreign state’s regulatory agency. Cross undertakings in damages.
London & Regional (St George’s Court) Ltd v MOD [2008] EWCA Civ 1212: commercial dispute in the context of settlement of a series of construction contracts.
RTS Flexible Systems Ltd v Mokerei Alois Muller GMBH (UK Production) [2009] EWCA Civ 26: commercial dispute concerning allegedly defective construction and/or implementation of an automated factory system for the packaging of food cartons. Contract and quantum meruit.
Dobson v Thames Water [2009] EWCA Civ 28: Damages under section 8 of the Human Rights Act 1998 in nuisance cases.

In 2006 Katherine was stagiere at the European Court of Justice in Luxembourg with the Cabinet of Judge Schiemann. Katherine's cases now often concern aspects of EC law, especially in the Employment, Commercial and Sports/Regulatory/Public fields.

In 2005 Katherine was a judicial "summer clerk" to Judge Cratsley, a trial judge in the Massachusetts Superior Court in Boston.

Education

2001-2004: New Hall College (now Murray Edwards College) Cambridge. MA (Hons) Law. Double 1st class. 4th in year.
2004-2005: LL.M Harvard Law School.
2005-2006: Bar Vocational Course. Inns of Court School of Law. Graded as Outstanding.
2005-2006: Supervisor in Tort law at Kings College Cambridge and New Hall College(now Murray Edwards) Cambridge.
2006: Teaching Assistant at the School of Oriental and African Studies, University of London.

Scholarships & Prizes

New Hall College Scholar, 2003 and 2004.
Cambridge-Harvard Baker & McKenzie Exchange Scholar, 2004-2005.
Gray’s Inn Bedingfield Scholar, 2005.
European Law Moot Competition 2005: Part of winning Harvard team.
Commendation for Advocacy, Gray’s Inn, 2007.
Bar European Group, Phoenicia Scholar, 2007.

PROFESSIONAL EXPERIENCE:

Employment

Since starting at Littleton Katherine has a built an employment practice across core areas of employment law and regularly appears in Employment Tribunals. In her first year of practice she appeared twice in the EAT (once led and once unled) and one time in the Court of Appeal (unled).

Katherine advises both employers and employees on statutory and common law employment law. Katherine frequently lectures and conducts seminars on employment law, most recently on using European law in Employment cases, drafting restrictive covenants, equal pay, TUPE and whistleblowing.

Her key cases have included:

R(G) v X School and Y City Council: October 2009: Court of Appeal. Legal challenge by teaching assistant claiming right to legal representation at internal School disciplinary hearing under Article 6 ECHR. Katherine (with John Bowers QC of Littleton and Tim Kenward of 7 Harrington Street) represented the school and Local Education Authority.
British Airline Pilots Association v British Airways - High Court expedited trial, May 2008.The first trial concerning the scope of trade unions right to strike and the free movement provisions of the EC Treaty since the ECJ judgments in Viking and Laval. Both the union's claim and the employer's counterclaim were discontinued during the trial.
Small & others v Boots Plc - ET and EAT December 2007 and 2008. TUPE case concerning a profit share bonus scheme and TUPE transfer of the implied term of mutual trust and confidence.
Beloff v Adult Learning Inspectorate UKAET/0238/07/RN. October 2007, a case concerning the scope of "crown employment" in section 273 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Laing v Chief Constable of Kent Police October 2009: Acted for successful respondant in Ashford Employment Tribunal against a former special constable claiming constructive unfair dismissal, having been cautioned for the criminal offence of tipping off a potential offender as to the identity of the officer who reported him. Also successful in achieving a substantial costs award.
Creasey v Leicesterhire NHS Partnership Trust: September 2009: Newcastle Employment Tribunal. Successful application in long running equal pay litigation to discharge an independant expert in conjoined equal value claims.
Mathiliagan v BP Express Shopping Ltd: August 2009: London South ET: Successfully represented Respondant in multiday hearing involving simultaneous Tamil interpretation.
White v City of London: 29 August 2007. Successful application for a stay of the Claimant's case for age discrimination and unfair dismissal pending final determination the Heyday case, (Age Concern’s challenge to the Employment Equality (Age) Regulations 2006). Katherine's application succeeded a short time after the highly publicised refusal to grant one by the Employment Tribunal in Johns v Solent (before it was overturned by the EAT).
Hoff v Atlantic: Court of Appeal, September 2008. Successful respondent to oral permission to appeal application from the Judgment of EAT.

During pupillage Katherine experienced a range of cases involving discrimination, disciplinary and directors'/employees' duties:

C-303/06 Coleman v Attridge Law, concerning the question of whether the Framework Directive protected those associated with people with a disability;
Bloxham v Freshfields Brukhaus Derringer, for the successful party, Freshfields; a case concerning age discrimination and transitional provisions introducing a new pension scheme for partners;

Commercial

Katherine carries out a wide variety of commercial work including advocacy, pleading and advice. She regularly conducts her own cases and applications both inside and outside London in the High Court and the County Court.

Her recent commercial work involves:

Advising on £1.5 million commercial contract claim in the Commercial Court involving contractual and conflicts of laws issues.
Advising and pleading for a multi track trial in the Queen's Bench Division concerning breach of contract, debt and declarations.
Advising with Clive Freedman QC on contractual interpretation and termination of a commercial contract.

During pupillage Katherine assisted her pupil supervisors with a wide variety of commercial work including:

Preparation of Total Network v Commissioners v Customs & Excise for the House of Lords, concerning the tort of unlawful means conspiracy;
Involved in Howell v Lees-Millais [2007] EWCA Civ 720, concerning recusal of Peter Smith J;

Whilst Judicial Assistant to Waller LJ, Katherine was involved in a wide variety of commercial disputes including the "bank charges" appeal.

Sports, regulatory and public law

Katherine was junior counsel acting for Dwain Chambers in his challenge to the British Olympic Association's ban on him competing in the Olympics in Dwain Chambers v British Olympic Association [2008] EWHC 2028 (QB).

Katherine has worked as part of the team representing Michael Coughlan in the McLaren/ Ferrari case.

Katherine writes a bi-annual update on sports law for the Solicitors Journal.

During pupillage Katherine experienced cases involving disciplinary, regulatory, commercial and public law issues:

Assisting advising an NHS Trust on a Judicial Review;
Assisting the Financial Services Authority in enforcement proceedings concerning the collapse of the Split Capital Investment Trusts Market;
A challenge by the Association of Football Agents to the FA's Revised Football Agents Regulations concerning a the rules of a private body on competition law and free movement principles;
Assisted in acting for the boxer Reuben Groenevald in his challenge to his suspension by the British Boxing Board of Control and UK Athletics in relation to the suspension of the sprinter Christine Ohorougo;
Advice on passing off, copyright infringement and database rights in relation to the Cricket World Cup;
Assisted Eisai in Eisai Ltd. v The National Institute for Health and Clinical Excellence (Nice) [2007] EWHC 1941 (Admin).

Civil Fraud

During her first year in practice Katherine has worked with members of chambers on cases involving aspects of civil fraud

While judicial Assistant to Waller LJ she was involved in working on cases including:

Grosvenor Casino v National Bank of Abu Dhabi: claim by a Casino in deceit and contract. Settled before appeal.
Korea National Insurance Corporation v Allianz Global Corporate & Specialty AG [2008] EWCA Civ 1355: Justiciability of reinsurer's a defence to a claim based on allegations of fraud and dishonesty by the North Korean state.

During pupillage Katherine experienced a wide range of civil fraud cases including:

Assisting the Claimant apply for a search order in Frontier Estates v James Howarth & Mark Glatman and Others, a case concerning breach of fiduciary duty, breach of contract, knowing receipt and dishonest assistance;
Defence to an inquiry to damages as a result of a wrongfully obtained freezing order in Bitel LLC v Kyrgyz Mobil Tel Ltd and Others in the Isle of Man;
Involved in advising on the setting aside of a judgment for fraud;

Also was involved in Tajik Aluminium v Ermatov and Others (now settled) with a team from Blackstone Chambers.

Publications:

Katherine Apps, Damages claims against trade unions after Viking and Laval [2009] European Law Review 141. This material was first published by Thomson Reuters (Legal) Limited in the European Law Review ((2009) 34 E.L. Rev. 141) and is reproduced by agreement with the publishers.

Katherine Apps, Major Impact: the practical effect Impact v MAFF could have on employment cases [2008] New Law Journal 875.

Katherine Apps, Nationality Discrimination in football: FIFA's 6 + 5 Rule (2008) Solicitors Journal Vol 152 page 52.

Katherine M. Apps, Case C-176/03 Commission v Council: "Pillars Askew: Criminal Law EC-Style," (2006) 12 Columbia Journal of European Law 625.

Katherine M. Apps, Good Faith Performance in Employment Contracts: A "Comparative Conversation" between the US and England, (2006) 8 University of Pennsylvania Journal of Labor and Employment Law 883.

Languages:

Working knowledge of reading French. Conversational spoken French.

Associations:

Member of COMBAR, UKAEL, ELBA, Bar Pro-Bono Unit, the Free Representation Unit and BEG (Phoenicia Scholar 2007; committee member 2009/10).

Other Interests:

When she has the time, Katherine enjoys art history, cookery, listening to classical music and travel.