Katherine Watt
Call date
2002
Practice Areas
Katherine has a broadly based commercial and civil practice, including:
- Professional negligence
- Professional discipline and regulation
- Insurance and reinsurance
- Commercial Litigation
- Banking and finance
- Insolvency
- Aviation
- Employment
Education
BVC, Inns of Court School of Law (Very Competent)
CPE/ Diploma in Law, City University (Commendation)
MPhil in Historical Studies, St John’s College, Cambridge (First, joint highest in year)
MA (Hons) History, St John’s College, Cambridge (double First)
Prizes & Scholarships
Queen Mother Scholarship (2000 and 2001), Middle Temple
Harmsworth Entrance Exhibition (2000), Middle Temple
British Academy Award for Postgraduate Study (1999)
Mullinger Scholarship (1998 and 1999), St John’s College, Cambridge
Helena Normanton QC Prize (2002), Middle Temple
College Prize (1999), St John’s College, Cambridge
Mullinger Prize (1998), St John’s College, Cambridge
Pollard Prize (1998), St John’s College, Cambridge
Professional Experience
Katherine acts and advises in a wide range of commercial and civil disputes, both in her own right and as one of a team of counsel in high value and complex litigation. She regularly appears as an advocate before a range of courts and tribunals, and has experience of acting at trial and on appeal (both on her own and as a junior) and in numerous interlocutory matters arising out of both substantive and procedural issues.
Katherine’s practice combines core commercial work with a particular emphasis on professional negligence, professional discipline and regulation, insurance/reinsurance and banking/finance.
Katherine's commercial litigation experience includes advising and acting in a broad range of disputes in both the High Court and County Court, particularly contractual, restitutionary and negligence claims. In the banking/finance field, she is regularly instructed by banks, lenders and other parties in relation to a wide variety of matters, and in the insurance/reinsurance field, she has experience of both substantial High Court and arbitration proceedings and advisory work.
In the course of her rapidly growing professional negligence practice, Katherine has acted in claims against a wide range of professionals, including auditors and accountants, financial advisers, surveyoys and valuers, trustees and trustee administrators, solicitors, barristers and IT consultants. Her expertise in this field is complemented by her experience of professional disciplinary and regulatory work, which includes acting for the Law Society and the FSA. She has also advised on various professional indemnity issues.
Kathering is also instructed on a range of other matters, particularly where there is a strong commercial or contractual angle. Her aviation experience includes acting for airlines and aircraft owners in relation to various issues, particularly leasing and carriage of air disputes, and her employment experience covers disputes in both the High Court and Employment Tribunal.
Katherine has acted as a junior in a number of substantial commercial, professional negligence and insurance/ reinsurance actions, both before the Courts and in arbitration.
Recent Practice
Professional Negligence
Katherine regularly acts in and advises on a wide range of negligence claims against professionals, including auditors and accountants, financial advisers, valuers, solicitors, barristers, brokers, trustees and trustee administrators, and IT consultants. Her current and recent cases include:
- Auditors and accountants: Acting (with Mark Simpson QC) for a top ten firm of auditors in a claim relating to detection of employee fraud; Acting for accountants in a claim arising out of advice on tax liability; Acting for accountants (with Mark Simpson QC) on a substantial claim concerning advice on CGT liability; Acting for a company in a claim relating to corporate finance advice.
- Financial advisers: Acting (with Mark Simpson QC) in a claim forming part of a group action arising out of the setting up of an offshore pension scheme; Advising financial advisers in relation to allegedly negligent investment advice; Assisting in a large-scale review of alleged pensions mis-selling formulated and undertaken under the guidance of the FSA.
- Surveyors and valuers: Acting for and advising in a variety of both lender and purchaser claims; recent cases of note include acting for a valuer in a substantial claim by a sub-prime lender relating to multiple residential property valuations, and acting (with Mark Simpson QC) in a multi-million pound claim concerning commercial property valuation.
- Solicitors and barristers: Advising (with Timothy Dutton QC) on a claim against a City firm of solicitors; Acting (with Mark Simpson QC) in a costs claim against a solicitor concerning issues of dishonesty and negligence; Acting (with Mark Simpson QC) in a wasted costs claim arising out of alleged allegations against a government department; Acting and advising in a range of claims against solicitors arising out of both contentious and non-contentious business, including claims relating to litigation advice, conduct of litigation, conveyancing, drafting and negotiation of contractual agreements, drafting of trust settlements, advice on tax handling and advice on security arrangements; Advising on a contribution claim against a barristers concerning advice on merits and evidence.
- Insurance brokers: Acting (with Adam Tolley) for an insurance broker in a claim relating to maintenance of records and payment of collected funds.
- Trustees and trustee administrators: Advising a trustee in bankruptcy in a claim for alleged breach of duty in relation to estate administration; Acting (with Mark Simpson QC) for pension fund administrators in relation to alleged unequal treatment of beneficiaries.
- IT consultants: Advising on a claim against IT consultants for negligent provision of services and failure to provide software fit for purpose.
Professional Discipline and Regulation:
Katherine has acted and advised in a number of disciplinary and regulatory matters. Her experience includes:
- Acting (with Michael Brindle QC and Michael Green) for the FSA in a large marketing abuse case.
- Assisting in a large-scale review of alleged pensions mis-selling formulated and undertaken under the guidance of the FSA.
- Acting (with Patricia Robertson QC) in a dispute concerning the jurisdiction of the Solicitors Disciplinary Tribunal.
- Acting for the Law Society in various claims arising out of intervention and regulatory matters.
Insurance & Reinsurance
Katherine has advised and acted in various insurance/ reinsurance matters, including:
- HSBC Rail (UK) Ltd v Network Rail Infrastructure Ltd [2005] EWHC 403 (Comm), [2005] 1 All ER (Comm) 689; affirmed [2005] EWCA Civ 1437, [2006] 1 WLR 643 (concerning rights under composite all risks property insurance): junior to Michael Crane QC.
- Acting (with David Railton QC, Andrew Mitchell and John Taylor) in a substantial reinsurance arbitration concerning long-tail asbestos related claims.
- Advising on various insurance coverage issues relating to professional indemnity insurance.
Commercial Litigation
Katherine regularly advises on and acts in a broad range of commercial cases, in both the High Court and County Court. Her current and recent cases include:
- Acting (with Michael Crane QC and Veronique Buehrlen) in a multi-million pound claim for breach of terms relating to fitness for purpose, quality, description and duty of care in the context of sale and supply of goods.
- Acting (with Mark Simpson QC) for RSA in a substantial claim by building repair contractors for alleged underpayment under repair contracts.
- HSBC Rail (UK) Ltd v Network Rail Infrastructure Ltd (above) (concerning title to sue for property damage): junior to Michael Crane QC.
- Advising (with Anthony Boswood QC) on a substantial dispute concerning alleged breach of fiduciary duty and dishonest assistance.
- Advising (with Mark Simpson QC) a food company and its product laibility insurers in relation to claims arising out of a product recall as a result of peanut contamination.
- Acting for pension fund trustees in a claim for restitution.
- Acting for a family company in a substantial fraud claim against a former director.
- Acting in and advising on a wide variety of disputes arising out of commercial contracts of varying value, including contracts for the sale and supply of goods and services, credit agreements, share purchase agreements, deeds of covenant, assignments/ novation, guarantees, sole selling rights agreements.
- Advising both principal and agent in claims under the Commercial Agents Regulations.
- Advising on negligence claims against builders and other construction contractors.
Banking & Finance
Katherine frequently represents banks, lenders and other parties on a variety of banking and finance matters. Her current and recent experience includes:
- Acting and advising in a wide range of disputes relating to loans, cheques, bankers' drafts, guarantees, lease and repurchase agreements, currency conversion, mistaken payments, breach of mandate and negligence.
- Acting and advising on mortgage disputes, possession actions and claims for injuctive relief.
- Particular experience in acting for banks in relation to claims for the recovery of allegedly unlawful overdraft charges.
- Various recovery and enforcement proceedings, including applications for interim and final charging orders.
Insolvency
Katherine has acted in and advised on a number of insolvency matters, including:
- Acting and advising on various contested statutory demands and bankruptcy proceedings.
- Advising and acting for a trustee in bankruptcy in a claim for alleged breach of statutory duty in rleation to estate administration and concerning the scope of the relief available under ss. 168 and 303 of the Insolvency Act 1986.
Aviation
Katherine has acted for airlines and aircraft owners in a wide variety of aviation disputes, including:
- Aircraft leasing: Acting for and advising both owner (with Akhil Shah) and lessee in relation to contractual disputes over leased aircraft.
- Mortgage of aircraft: Advising on ownership issues and on prospects, evidence and procedure for rectification of the mortgage register.
- Carriage by air: Acting in a number of Montreal/ Warsaw Convention claims; Acting for airlines in various disputes, for example as to the effect of the Denied Boarding Regulations and enforceability of terms and conditions of carriage, including questions of reasonableness under the Unfair Contract Terms Act.
Employment
Katherine's experience in this field is particular focused on disputes with a commercial angle. Her current and recent cases include:
- Acting for a former employee in a claim for alleged breach of confidentiality and non-competition clauses.
- Advising a former employee and consultant on claims arising out of termination of a consultancy contract.
- Acting in a claim concerning consultant practising privileges at private hospitals.
- Acting (with Alistair McGregor QC) in a dispute about entitlement to redundancy payments.
- Acting for an employer in a trial to determine the applicant’s employment status.
- Preparing witness statements for the Treasury Solicitor in a number of claims for alleged unfair dismissal, constructive dismissal and discrimination.
Administrative & Public Law
Katherine has acted for the Law Society in various claims arising out of intervention and regulatory matters.
Publications
Katherine is a contributor to Sweet & Maxwell’s Civil Procedure Reports.
Other Experience
- Pro bono work through the Bar Pro Bono Unit.
- Secondment to Herbert Smith, October 2003 – March 2004. Assisted on various matters, relating to issues such as professional negligence, assignment of contractual rights, champerty and maintenance, legal professional privilege, sale and supply of goods, limitation.
- Semi-finalist in the Rosamund Smith Mooting Cup Competition 2002 (Middle Temple); selected to represent Middle Temple in moots against Pepperdine University, California, on an exchange trip and on return.