Katharine Bailey has a busy practice with particular focus on commercial, insolvency, employment, and public/constitutional law. She has appeared both led and unled in the High Court and led in the Court of Appeal and Privy Council.
Katharine appears in court and tribunals regularly on a range of matters such as trials, interim applications (including for urgent injunctive relief), preliminary hearings, and costs and case management conferences. In addition to being instructed regularly as sole counsel, Katharine enjoys working as part of a team – for example, she is currently instructed as junior counsel working closely with a team of Gibraltar-based legal and other professionals in a complex, high-value insurance insolvency case.
Katharine is developing a broad practice encompassing all aspects of commercial, company and insolvency litigation and advisory work. She is currently instructed on cases concerning civil fraud, breach of director duties, and complex contractual disputes. Much of Katharine’s caseload has an international element giving rise to jurisdiction challenges, cross-border recognition, and enforcement considerations. In addition, Katharine is instructed on cases involving complex expert evidence.
Katharine has a busy commercial litigation practice. She was recently instructed (led by Peter Knox KC) in a financial services/banking dispute involving novation and contractual construction arguments; Peter and Katharine’s client succeeded in the Court of Appeal ( EWCA Civ 128;  2 WLUK 191): see report here. Katharine is also currently instructed (led by Thomas Roe KC, Deputy Head of Chambers) in a high-value breach of contract claim proceeding in the Technology & Construction Court and involving patent value and pharmacology expert evidence.
Katharine also regularly deals with company and insolvency matters. She is instructed to appear in winding up and bankruptcy petitions on a regular basis, and she has recent experience advising office-holders in connection with potential claims against company officers involving breach of fiduciary/statutory duty, misfeasance, and antecedent transactions. Katharine is currently instructed (led by Daniel Feetham KC (Gibraltar), and alongside co-juniors Rowan Pennington-Benton and Thomas Horton) as junior counsel in a UK-based legal team, working closely with Gibraltar-based lawyers and other professionals in investigatory and advisory work concerning the collapse of GR123 (formerly MCE Insurance Ltd), a UK/Gibraltar motor insurance underwriter. This case involves complex forensic accountancy and actuarial expert evidence.
Katharine is also well placed to advise on the intersection of employment and commercial law. For example, Katharine worked for Richard Samuel in an unfair prejudice petition concerning the scope of directors’ duties under the Companies Act 2006 in the context of historic allegations of racism and discrimination (Re Prospect Place (Wimbledon) Management Co Ltd  EWHC 76 (Ch)).
During pupillage, Katharine worked on a variety of commercial, company and insolvency disputes, including:
Katharine has considerable experience advising on employment law. She worked as a Consultant to Withers LLP between September 2021 and March 2022, where she was involved in matters concerning breach of contract (including post-termination restrictions), bonus and other contractual disputes, unfair and constructive unfair dismissal, partnership and shareholder disputes, whistleblowing and discrimination. Prior to commencing pupillage, she worked for over a year as an paralegal with the employment team at Withers LLP.
Katharine appears regularly in the Employment Tribunal and advises on claims involving unfair dismissal, discrimination, TUPE and worker status. She also has experience of judicial mediation and negotiations. Katharine acts for both employers and employees and is particularly well-placed to advise on employment claims litigated in the civil courts, including breach of contract claims and those where there is a potential personal injury and/or common law negligence component. Katharine is currently acting (led by Tom Poole KC) in a High Court claim involving claims for breach of contract and/or wrongful dismissal, infringement of privacy rights and consequential losses.
During pupillage, Katharine assisted Tom Poole KC in a 10-day Employment Tribunal hearing involving allegations of sexual harassment, victimisation and unfair dismissal; she also assisted Tom in connection with advisory work addressing unlawful deduction from wages and the enforceability of restrictive covenants. Under supervision, Katharine assisted on a variety of complex employment matters, which often raised discrimination and data protection considerations. Katharine co-wrote an article for the International Employment Lawyer on how employers can prepare for an emerging AI regulatory landscape and recently delivered a presentation to the Equality and Human Rights Commission’s enforcement team on artificial intelligence and algorithmic bias in the employment context.
Katharine is a member of the Attorney General’s Junior Junior Scheme. She is particularly interested in public and constitutional law.
Katharine is instructed as Junior Counsel to the Iraq Fatality Investigations, established following R (Ali Mousa and others) v Secretary of State for Defence  EWHC 1412 (Admin) in order to meet the state’s obligations under Article 2 of the ECHR. Katharine’s role involves assisting the current Inspector, Dame Anne Rafferty, with her investigations into the deaths of Radhi Nama and Mousa Ali (two detained civilians who deaths involve allegations of ill treatment at a British army base near Basrah in May 2003) and Ahmed Jabbar Kareem Ali (an investigation concerned with identifying whether there was a systemic practice of ‘wetting’ as a law-enforcement mechanism in the post-war phase of British Occupation in 2003). The Iraq Fatality Investigations held public hearings on 11, 12 and 13 April 2023, and 7 August 2023, during which. Katharine posed questions, on behalf of the Inspector, to a military witness to the death of Radhi Nama.
Through the Attorney General’s Junior Scheme, Katharine is currently instructed on the Post Office Horizon Inquiry. She is currently involved in Phase 5 of the Inquiry (which addresses, amongst other things, access to justice, responding to the scandal and compensation schemes), and is assisting the Counsel to the Inquiry Team by reviewing relevant documentation and drafting of Rule 9 Requests to relevant witnesses.
Katharine is also interested in constitutional law, and is regularly instructed as junior counsel in appellate work before the Judicial Committee of the Privy Council, working in particular on disputes arising out of the Commonwealth Caribbean. Katharine’s recent highlights include:
Katharine also gained experience during pupillage assisting Leading Counsel in the following constitutional and public law matters:
Katharine is instructed in a range of property matters (both residential and commercial), including claims for interim and final injunctive relief and Part 8 claims. She has appeared in the High Court (unled) defending a complex, multi-party urgent application for injunctive relief arising out of allegations of nuisance, trespass and harassment. Katharine is regularly instructed to advise and act in possession claims (including claims against trespassers), business tenancy disputes and disputes concerning trusts of land and co-ownership. She also has a busy paperwork practice in these areas.
During pupillage, Katharine assisted Tom Poole KC in the legally significant Privy Council case of Gordon v Havener (Antigua and Barbuda)  UKPC 26, in which Lord Burrows clarified the law of proprietary estoppel as it relates to contract-breakers.
Katharine is instructed in a range of professional negligence claims and has a busy advisory practice in this area.
Katharine is currently led by Tom Poole KC in a claim against solicitors concerning allegations of misconduct of an investment treaty arbitration. Katharine has also recently advised in a claim against surveyors where the client suffered significant loss flowing from inaccurate advice on the demarcation of boundaries. Katharine has also acted as junior counsel in a claim for damages for misconduct of litigation/settlement at an undervalue of a high-value equal pay claim. Also as a junior, Katharine has drafted a substantial schedule of loss in connection with the misconduct of litigation of an underlying claim for serious personal injury, which was ultimately settled.
Katharine is regularly instructed in matters involving the Package Travel Regulations, the Montreal Convention, and the Athens Convention. Katharine’s caseload covers fast / multi track trials, interim applications, and costs and case management conferences. She also maintains a busy paperwork practice in this area, drafting advices (eg. on jurisdictional and procedural points, local standards/expert evidence, or quantum), pleadings, and schedules of loss. Katharine also represents various airlines in passenger claims for compensation under the EU Denied Boarding Regulations (EC Regulation 261/2004).
31st Jan 2024Read more