PERSONAL INJURY & TRAVEL
Katherine Deal specialises in all aspects of high value personal injury claims often involving fatal accidents and catastrophic brain injuries of maximum severity. She has a particular expertise dealing with claims arising from overseas accidents, in particular concerning issues of jurisdiction and choice of law. She is widely considered a leading expert on the interpretation and application of Rome II, and acted for the claimant in the first ever decision from the Court of Justice of the European Union to consider the scope of Rome II, Homawoo v GMF Assurances (CJEU Case C412/10).
She has particular interest in the application by the English court of foreign principles of assessment and is very used to working with foreign law experts to achieve the best results. She is currently instructed in what is believed to be the largest foreign fatal accident claim ever brought in an English court, in which the preliminary schedule exceeds £90 million. As part of her specialism in international claims, she has a growing interest in appeals to the Privy Council, with recent cases involving alleged police brutality in The Bahamas, accidents in the course of employment in Mauritius and stolen aircraft in The Bahamas.
She has considerable experience in jurisdictional disputes and has acted in four landmark judgments concerning the direct right to sue foreign domiciled defendants in England, Jones v AGF  IL Pr 4, Thwaites v Aviva Assurances  Lloyd’s Rep IR 661, Panagaki v Minetta SA General Insurance  EWHC 2700 (QB), and, with Howard Stevens QC, Keefe v Mapfre & Hoteles Pinero Canarias SL  EWCA Civ 598, which was considered by the Supreme Court before reference to the CJEU.
She has a particular interest and expertise in claims involving disputes of forum between England and other national courts, as in Le Guevel-Mouly v. AIG Europe Ltd  EWHC 1794 (QB). She also has extensive experience in package travel claims, acting for and against all of the major tour operators in claims ranging from mass outbreaks of gastric illness in hotels or on cruise ships to deaths overseas. She is currently acting for numerous victims of the Tunisia terrorist attack. She is also instructed on behalf of the claimant in the appeal to the Supreme Court in the case of X v Kuoni Travel Ltd  EWCA Civ 938 which will clarify the law as it relates to liability of tour operators for deliberate assaults overseas.
She is also regularly involved in claims proceeding in the Admiralty Court under the Athens Convention, arising from accidents which occur at sea, and is well placed to advise on the procedural and substantive issues which are particular to such claims.
In addition, Katherine acts in a large number of aviation claims. These range from fatal air crashes to claims arising from faulty ejector seats and seat belt airbags, as well as employers’ liability claims for cabin crew. She was involved in various claims arising out of the Vauxhall helicopter crash. She is currently acting in litigation arising out of the Germanwings crash, the Jet Airways crash and the Indonesia Air Asia crash, amongst numerous others. She has extensive experience of Convention claims, and has a particular interest in claims arising out of medical treatment on board aircraft. As part of her growing appellate practice she is currently instructed as sole counsel in an appeal to the Privy Counsel arising out of the theft of an aircraft from a Bahamian airport.
Katherine has immense experience in alternative dispute resolution, and has acted for claimants and defendants in joint settlement meetings and mediations on numerous occasions. She has settled claims running into many millions of pounds. She has represented clients in numerous inquests including those with juries, and was instructed throughout the lengthy and high profile inquest arising out of the Sousse terrorist attack in Tunisia in summer 2015.
Who's Who Legal UK Bar
Chambers and Partners 2019
Chambers and Partners 2018
Chambers and Partners 2017
Chambers and Partners 2016
Legal 500 (2018)
Legal 500 (2017)
The Legal 500 (2016)
MA (Modern Languages) (First Class), St Hugh’s, Oxford University
French, German and basic Spanish.