Katherine apps

Katherine has a growing judicial review and human rights practice, representing both Claimants and Respondents.Cases include:

• W (brought by her litigation friend B) v M [2011] EWHC 2443 (COP): the first application to withhold and withdraw artificial nutrition and hydration from a person in the minimally conscious state (MCS). Katherine was instructed by the Official Solicitor. 
• R (on the application of R) v Board of Medical Referees: judicial review of a determination relating to Firefighters ill health and injury award pensions.
• R (on the application of G) v X School and Y City Council [2011] UKSC 30 in which the Supreme Court considered the threshold test for a “determination of civil rights and obligations” under Article 6(1) ECHR (fair hearing), and how Article 6 ECHR is to be applied in the employment context.
• Advising public bodies and potential challengers on the public sector equality duty.
• Advising in relation to the government cuts.
• Advising in relation to the award of a contract under the Public Contracts Regulations.

Katherine is on the Attorney General’s Panel of Counsel (C Panel) and on the Equalities and Human Rights Commission Panel.

Katherine has experience both bringing and defending challenges, as well as strategic matters.  Katherine has a particular interest in cases where public law and other areas (particularly employment, equality and commercial law) intersect. 

Katherine is part of the Sports Advocacy section of the pro bono panel for the London 2012 Olympics.  Her relevant recent experience includes:

• R (on the application of G) v X School and Y Council [2011] UKSC 30: Judicial review considering Article 6 of the ECHR in the context of a school internal disciplinary hearing; 
• Dwain Chambers v British Olympic Association [2008] EWHC 2028 (QB) - High Court, June 2008. Sprinter Dwain Chambers’ challenge to rules preventing him from running in the 2008 Beijing Olympics;
• Representing an Associate Head Teacher at a 4 day school disciplinary hearing concerning child safeguarding and whistleblowing (2010-2011)
• Advising a large accountancy firm in respect of procedural fairness requirements relating to the regulatory powers of the FSA, ACCA and ACA (2010);
• Advising a barristers’ chambers on the effect of the new professional rules for multi disciplinary practices at the Bar, competition law and restraint of trade(2010)
• Jones and Cooper v Tuffs: a dispute concerning the ownership of a Filly Foal, born by embryo transfer from a valuable three day eventing horse (2009-2010)
• Part of the team representing Michael Coughlan in the McLaren/ Ferrari case.(2008)

 Katherine regularly lectures and has published articles listed on her full cv.

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

Her recent commercial work involves:

• Advising on potential causes of action from a complex Share Option Scheme.
• A case concerning issues of interpretation and misrepresentation in the context of an agreement for the sale of a valuable three day eventing horse;
• A defence and counterclaim arising out of the collapse of a joint venture;
• Advising and pleading a contractual and debt claim involving complex contractual issues and interplay with Icelandic insolvency law;
• Advising and pleading for a multi track trial in the Queen's Bench Division concerning breach of contract, debt and declarations;

While a judicial assistant at the Court of Appeal, the majority of cases Katherine assisted with were in the commercial field. They included Abbey National v OFT [2009] 2 W.L.R. 1286, the bank charges case.

Katherine has a particular interest in European Employment law issues, having completed a stage at the European Court of Justice in Luxembourg. Katherine is a member of a reading group in comparative discrimination law at the University of California, Berkeley.

Katherine’s relevant experience includes:

• Acting in cases, and advising on the right to strike, free movement, Article 11 ECHR. See  BALPA v BA (above).
• Cases involving transnational employment problems including posted workers and public procurement.
• Collective redundancy and TUPE.
• Procedural issues including stays pending other cases awaiting determination by the ECJ (including White v City of London).
• Whilst a judicial assistant at the Court of Appeal, framing references to the ECJ.
• European discrimination law, including during pupillage working on the “associative discrimination” ECJ case of C-303/06 Coleman v Attridge Law.

Katherine regularly conducts seminars for clients on using European law in domestic employment cases. Her publications include:

• Damages claims against trade unions after Viking and Laval [2009] European Law Review 141;
• Major Impact: the practical effect Impact v MAFF could have on employment cases [2008] New Law Journal 875.

Katherine frequently lectures and conducts seminars: most recently on using European law in Employment cases, Human Rights and procedural fairness, transnational employment cases, equal pay, TUPE, whistleblowing and drafting restrictive covenants.

Katherine has contributed to several leading text books including Equality Act 2010 (published by the Law Society), two chapters in the Law of Industrial Action and Trade Union Recognition 2011 (OUP) and assisting with the recent editions of Brearley and Bloch on Employment Covenants and Confidential Information (2009) and Blackstone’s Employment Law and Practice. Katherine’s journal publications include:

Making a Move  (2009) Solicitors Journal Vol 153 /42

Damages claims against trade unions after Viking and Laval [2009] European Law Review 141

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

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

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

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

6 monthly update for the Solicitors’ Journal on Sports law 2008-2009