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Katie Powell

Call: 2005

Katie has a practice specialising in commercial litigation and arbitration, with a particular focus on insurance, construction, financial services and professional liability disputes.  She has a considerable amount of experience in dealing with large, multi-party disputes and group actions.

Katie is rated in both Chambers and Partners (2015) and Legal 500 (2015).  Comments include: “[a]n absolute star, with sharp intellect and an amazing work ethic’; ‘has a very sharp mind’; ‘incredibly dedicated’; ‘[b]right, able, user friendly and definitely performs beyond her year of call’; a ‘highly skilled junior’; ‘[h]er research skills and ability to reduce complicated legal points into digestible prose are really impressive;’ ‘very clear advocate who gets to the issues quickly’; ‘bright and picks up complicated technical issues very quickly’; ‘one to watch’; ‘really excellent and very hard working’; ‘phenomenally bright’.

Katie is the current editor of the financial services chapters of Jackson and Powell and contributor to The Encyclopaedia of Financial Services Law (Sweet & Maxwell, looseleaf).

Recent reported decisions include:

  • Secretary of State for the Home Department v Raytheon Systems [2014] EWHC 4375; [2015] EWHC 311: Groundbreaking challenge under s.68 of the Arbitration Act 1996, in which an arbitral award was set-aside in its entirety on the basis of serious irregularities.
  • Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968: Multi party claim arising from the construction of two blocks of flat in Leeds.
  • Hunt v Optima (Cambridge) Ltd [2014] P.N.L.R. 29: Leading decision on status of an architect’s certificate under the CML Handbook and on the role of reliance in claims in tort.
  • Co-operative Group Ltd v Birse Developments Ltd (In Liquidation) [2014] P.N.L.R. 21: Key decision on (i) the accrual of causes of action in a construction context, and on (ii) whether failed assignments capable of creating trusts over rights subject to failed assignment.
  • Co-operative Group Ltd v Birse Developments Ltd [2013] EWCA Civ 474: Key decision on what constitutes a “new claim” for limitation purposes (considered further in [2014] EWCA Civ 707).
  • Weavering Capital (UK) Ltd (In Liquidation) v Dahbia [2013] EWCA Civ 71: Appeal arising from the Weavering fraud.
  • Gaydamak v Leviev [2012] EWCA 1147: Court of Appeal decision on the court’s discretion to allow new points to be raised on appeal.
  • Kingspan v Borealis [2012] EWHC 1147: claim arising from the supply of allegedly defective plastic resin for use in oil storage tanks.

Commercial Dispute Litigation: Katie’s practice embraces a wide range of commercial disputes, but particularly those involving allegations of civil fraud. She is currently instructed in relation to a claim arising from the Stanford Bank Ponzi scheme, a claim arising from a fraud alleged to have been perpetrated in the development of various designer outlet shopping centres, and the claims proceeding in the Commercial Court under the Riot (Damages) Act 1886 in relation to the London Riots.

Construction: Katie is rated as a leading junior in this field in both Chambers & Partners and Legal 500.  She undertakes a wide variety of work both in a litigation and arbitration context concerning in both pure construction claims and claims against construction professionals.  She was junior Counsel to Mark Cannon QC in the Co-op v Birse litigation, which gave rise to some of the leading decisions on limitation in a construction context.

Insurance: A significant element of Katie’s practice comprises insurance disputes, both for and against insurers. She has particular expertise in Contractors All Risk insurance policies, having acted with Roger Stewart QC in the battle between the Contractors All Risk insurers and the professional indemnity insurers arising from the construction of the East Coast railway.  She is currently instructed in a claim for the recovery of excesses against former members of an insolvent solicitors firm.

Arbitration: Katie has a substantial arbitration practice.  As well as being regularly instructed in national and international arbitrations themselves, she acted as junior Counsel to Roger Stewart QC and Leigh-Ann Mulcahy in the ground-breaking decision in Secretary of State for the Home Department v Raytheon Systems [2014] EWHC 4375; [2015] EWHC 311, the first time an arbitral award was set aside in its entirety under s.68 of the Arbitration Act 1996 for serious irregularity.

Professional Liability:  Katie is rated as a leading junior in this field in both Chambers & Partners and Legal 500. Katie has considerable expertise in insurance related disputes, having acted as junior in both the TAG and CLE (i.e. “son of TAG”) litigation.  In addition, she has particular interest and experience in claims involving allegations of fraud. She was sole Counsel at trial and junior Counsel to Ben Patten QC on the appeal in Hunt v Optima (Cambridge) Ltd [2014] P.N.L.R. 29, one of the leading cases on the extent of a professional’s tortious liability to third parties.

Product Liability: Katie is rated as a leading junior in this field in both Chambers & Partners and Legal 500.  She has substantial litigation experience in this area, having acted for the Ministry of Defence in the long-running Atomic Veterans litigation and as junior to Justin Fenwick QC in the three month commercial court trial of Kingspan v Borealis [2012] EWHC 1147.

Financial Services: Katie is the current editor of the financial services chapters of Jackson and Powell and is contributor to The Encyclopaedia of Financial Services Law (Sweet & Maxwell, looseleaf).  She has substantial expertise in FSMA claims and claims against IFAs.  She appeared (unled) in the Court of Appeal decision of Weavering Capital (UK) Ltd (In Liquidation) v Dahbia [2013] EWCA Civ 71, a claim arising from the Weavering fraud.  

Memberships

Katie is a member of COMBAR, LCIA, TECBAR, CHBA and PNBA.

Education

B.A. (Oxon), Dip.Law (City)