Katherine Fudakowski

Year of call 2008

CClerk

Jack Wheeler
020 7269 0337 Email Jack

Katherine Fudakowski (called in 2008) has a thriving civil practice in several complimentary areas: employment and regulatory, personal injury and clinical negligence, inquests, education and child protection.

Katherine always builds an excellent rapport with her clients and solicitors and works strategically and sensitively to resolve their disputes.

 

  • Clinical Negligence: Building on her personal injury work, Katherine has a fast growing clinical negligence practice.

    Katherine is regularly instructed by defendants in clinical negligence claims involving a variety of healthcare issues affecting general practitioners, hospital doctors, dentists, psychologists and therapists. She undertakes panel work for the NHSLA and also has experience of defending claims brought against NHS Wales.

    Katherine has built her experience in this area through her complimentary professional discipline work at GMC and NMC proceedings and through representing Doctors, GPs, Pharmacists and other interested parties at inquests into hospital/medical treatment related deaths.

    Katherine has experience of a wide range of clinical negligence claims involving:

    – Delayed diagnosis
    – Lack of consent to medical treatment
    – Failed surgical treatments and procedures
    – Claims involving failed cosmetic surgery
    – Birth injury claims
    – Claims arising from the loss or death of a foetus in utero

    As well as appearing at court in relevant hearings, including clinical negligence case and cost management, Katherine also has experience of drafting pleadings and of advising on liability, quantum and evidence. Please click the tab below for details of her recent clinical negligence work.

 

  • Education and Child Protection: Katherine has particular interest and experience in this area, particularly where there are child protection/safeguarding issues. As well as undertaking education law work, for example in the SEND Tribunal, she is also frequently engaged in employment and professional discipline matters in the education sector. She is regularly instructed by the National Union of Teachers “NUT” at first instance and appellant level and has represented teachers who have been referred to the National College of Teaching and Leadership “NCTL”. Katherine has extensive experience of working ‘in house’ at major private schools to conduct internal investigations/reviews and advising schools facing breach of contract and personal injury claims from pupils. Katherine ’s personal injury experience includes historic sex abuse against schools and other institutions. Please click the tab below for examples of her recent education and child protection work.

 

  • Employment: Katherine represents employers and employees including public services, local authorities, trade unions, charities and individuals, in every type of employment case. She has considerable experience of multi-day discrimination and complex whistleblowing cases in the healthcare and financial services sector. She has excellent experience and success in representing clients at judicial mediation and securing advantageous settlement terms. Katherine acts in High Court wrongful dismissal claims, has advised on the enforceability of restrictive covenants and appeared in the High Court seeking injunctive relief and expedited trials. Please click the tab below for examples of her recent employment work.

 

  • Inquests: Katherine appears regularly at inquests for the family or interested persons. She has particular experience of representing medical professionals at inquests, involving allegations of negligence, which ties in closely with her professional discipline practice. Her recent inquests have involved the sudden death of a Mother from cardiac arrhythmia caused by anorexia and a young woman from codeine overdose.  Katherine acted on a pro-bono basis for the Sceaux Gardens Tenants’ and Residents’ Association who were given ‘properly interested person status’ for the Lakanal house fire inquests. Please click the tab below for examples of her recent inquest work.

 

  • Personal injury: Katherine acts regularly in all types of fast and multi track claims- from the pleading stage, in interlocutory and cost case management hearings and to conclusion by way of trial or JSM. She is regularly instructed to advise on liability and quantum and has experience of advising in complex noise induced hearing loss and disease claims. Katherine has a keen interest and experience in sexual abuse cases, particularly where the victim’s education and career prospects have been adversely affected.  Her clients value her for her sensitive approach to vulnerable claimants in conference and at court. Please click the tab below for examples of her recent personal injury work.

 

  • Professional discipline:  Katherine has a broad professional discipline practice, representing individuals before their professional bodies, particularly in the healthcare, education and sport sectors.

    Katherine appears regularly before the Nursing and Midwifery Council and Health Care Professional Council, at both the interim order stage and for substantive hearings. She has acted as junior counsel in an application for judicial review of the decision to dismiss a consultant urologist (Puri v Bradford Teaching Hospital [2011] IRLR 582) and an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.

    Katherine has a particular interest and experience in the education sector and has experience of representing teachers referred to the teaching regulator ‘the NCTL’, particularly in cases involving allegations of safeguarding.

    She also has experience in sports regulation. She is currently working in partnership with the International Paralympic Committee (IPC) having been appointed as a panel member to both the IPC’s anti-doping and classification appeal boards. She regularly adjudicates in anti-doping hearings where there are suspected breaches of the IPC anti-doping code and in appeal hearings concerning an athlete’s assigned sports class. Please click the tab below for examples of her recent professional discipline work.


Katherine studied at St Catharine's College, Cambridge and won the Lord Gooderson award for outstanding academic performance. She also won Lord Bowen, Wadham and Wolfson academic Scholarships from Lincoln's Inn for her bar exam performance.

Before joining chambers, Katherine worked at the European Commission in consumer protection and assisted the prosecution of perpetrators of the Rwandan genocide at the UN Tribunal in Tanzania.
 

Training

Katherine enjoys providing interactive training to solicitors and clients, including mock trials and JSMs. Recent topics have included:

 

‘Disability discrimination update’

‘Top Tips for Defending Registrants at NMC hearings.’

‘Understanding case and costs management.’

‘Repairing the Damage- quantifying damages in sexual abuse claims’

‘CICA claims and child abuse’

‘JSMs- from the Claimant’s perspective’



Professional Memberships

  • Employment Law Bar Association
  • Employment Lawyers Association
  • Industrial Law Society
  • The Institute of Employment Rights
  • Free Representation Unit
  • Bar Pro Bono Unit
  • Personal Injury Law Bar Association
  • Education Law Association

Katherine is regularly instructed by defendants in clinical negligence claims involving a variety of healthcare professionals including general practitioners, hospital doctors, dentists, psychologists and therapists.

Katherine has built her experience in this area through her complementary professional discipline work at GMC and NMC proceedings and through representing interested parties at inquests into hospital and other treatment-related deaths. Her recent inquests have involved the sudden death of a mother from cardiac arrhythmia caused by anorexia and a young woman from codeine overdose.

Katherine has experience of a wide range of clinical negligence claims involving: delayed diagnosis, lack of consent to medical treatment, failed surgical treatments and procedures, claims involving failed cosmetic surgery, birth injury claims and claims arising from the loss or death of a foetus in utero.

As well as appearing in court in clinical negligence cases and related costs management hearings, Katherine also has experience drafting pleadings and advising on liability, quantum and evidence. Her recent cases have involved; failure to assess tissue viability of elderly bed bound patient resulting in the development of grade 4 pressure sores; negligent performance of laparotomy and hernia repair surgery; misdiagnosis of wrist dislocation, over-prescription of morphine to patient following shoulder surgery causing irritable bowel syndrome & negligent treatment of gestational diabetes in pregnancy leading to fetal death.


  • Advising a major private secondary school regarding the referral of their teaching staff to the National College of Teaching and Learning (NCTL) involving allegations of failure to safeguard children.
  • Representing a top UK University in an appeal hearing brought before the Dean to determine whether the University had failed to accommodate the special educational needs of an architecture student who was not awarded her degree.
  • Advising a major London boys' day secondary school regarding a breach of contract and personal injury claim brought by two pupils and their parents.
  • Representing a major London private secondary school at the SEN Tribunal to defend disability discrimination allegations that a dyslexic pupil’s needs were not adequately accommodated leasing to poor A level performance.
  • Advising a major London private pre-prep school regarding a personal injury claim brought by a pupil who was injured on site. Katherine was involved in defending the PI action as well as reporting the incident to the HSE and devising a specific risk assessment to prevent similar accidents in the future.

  • Mrs Fatemeh Hassanzadeh v (1) City of Bradford MDC (2) National Union of Teachers (3) The Governing Body of Belle Vue Boys- [2016] UKEAT. Successfully represented the NUT in a bias appeal concerning the strike out of disability discrimination claims at PH stage.
  • Baker v Goldsmiths University- Successfully represented the Respondent in a whistleblowing case brought by an agency worker employed for less than 3 months.
  • Sergeant v The London Underground- successfully represented the Claimant in her 5-day sex discrimination claim.
  • Chappel v London North West Healthcare- successfully represented the Respondent in a constructive unfair dismissal claim involving over 20 incidents of alleged breach of contract spread over a number of years culminating in an alleged ‘last straw’.
  • Represented a barrister claiming unfair dismissal and sex discrimination at a judicial mediation resulting in very advantageous settlement terms.
  • Advising Dulwich College on the benefit entitlement of part time teaching staff in relation to the The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
  • Advising and representing the NUT in relation to the contractual entitlement of a group of music teachers to enhanced redundancy payments.
  • Dudak-Zienkiewicz v Care by Us- represented the Claimant in a test case concerning live in carers and the National Minimum Wage and Working Time Regulations.
  • Cornwall Council v. NUT [2013] UKEAT - represented the NUT at first instance and led by Rohan Pirani in the EAT. The case concerned the failure by a school which had converted to an academy to provide affected employees with sufficient information about the legal implications of the transfer or the transfer date.
  • Allen et al v. Carmarthenshire CC acted as junior to Michael Ford in a complex equal case involving 60 Claimant job groups and 18 comparator job groups.
  • Walker v. Church Mission Society ([2011] UKEAT 0036/11/1706) –Katherine represented a mission worker at first instance and in the EAT on the territorial scope of the right to claim unfair dismissal and whether the role was akin to that of an expatriate foreign correspondent.
  • Szabo v. City Centre Restaurants –successfully defending the Garfunkels restaurant chain in a 7-day case involving allegations of direct race discrimination and harassment by a Hungarian employee.
  • Chafesuka v. West London Mental Health NHS Trust/Garubbali v. South London and Maudsley NHS Foundation Trust - defending allegations of disability discrimination by failure to make reasonable adjustments

  • Acted for the family of deceased couple killed in a high-speed road collision caused by teenage boys driving at excessive speed under the influence of cocaine and alcohol.
  • Acted for the family of deceased who sustained severe brain damage after his type A dissection with pericardial effusion resulted in post-operative bleed leading to cardiac arrest.  The Inquest involved the cross examination of a number of consultant treating physicians on the negligent performance of the operation.
  • Acted for a pharmaceutical company whose employee had stolen and sold codeine to the deceased who was also obtaining codeine from other sources. The inquest involved complex issues of medical causation.
  • Instructed by the MDU to represent their member, a GP accused of negligently prescribing anti-depressants to an elderly patient.
  • Instructed by the Defendant Insurer of a company whose employee driver was involved in a fatal road traffic collision.
  • Acted on a pro-bono basis for the Sceaux Gardens Tenants’ and Residents’ Association who were given ‘properly interested person status’ for the ‘super inquest’ – with the six inquests to be held together – by previous coroner Mr Justice Thayne Forbes in March 2010. She appeared at a pre-inquest hearing and provided advice to the Association on the retention of their PIP status

  • L v TL GP Partnership- advising a teenage claimant on quantum in her claim against for physical and psychological injuries resulting from sexual assault by a GP.
  • X and y v Dr Haq- advising two adult female claimants on liability and quantum in their historic personal injury claim against their former GP, recently convicted of multiple offences of sexual assault.
  • Iain Robertson v. NACAP Land and Marine Joint Venture - successfully represented the claimant in an application under s.33 Limitation Act to present a claim out of time.
  • Kusnir v Bristol Port Authority- successfully defended the Defendant at trial against a workplace liability claim under the manual handling regulations. The case involved multiple witnesses and complex technical evidence. Detailed written submissions were also required.
  • Mr Wesley Hankins v. Gloucester Academy School - successfully defended the school against the Claimant’s allegations that the school had been negligent when he was injured by a broken pane of glass. The case involved detailed cross-examination of expert witnesses.
  • Chick v. Cook, Shaw and Barhale Construction - successfully represented the Defendant in this fast track liability and quantum trial involving a multi-car pile-up on the motorway with difficult causation issues.
  • Richardson v DLA Beautique London Ltd- representing the Claimant in an on-going dispute with a beauty salon accused of negligently performing hair-threading treatments.
  • John-v-Aluminium Wire and Cable Co Limited- represented the Defendant is this noise induced hearing loss case in a contested application for a medical expert.
  • Crow v. Skinner - represented the Claimant in this contested application for permission to obtain a neurosurgical expert report in a claim pleaded to £200-£250,000.

  • NMC v Obeso- Represented the Registrant at a five-day hearing involving analysis of 30 hours of CCTV footage. Successful resisted suspension from the register.
  • Chacko v NMC- Represented the Registrant at an Interim Orders Hearing and successfully argued for the revocation of the conditions of practice Order.
  • A-E v NCTL- Represented the ex headmistress, deputy head, and three senior leaders of a major private school who were referred to the NCTL by a disgruntled former teacher. The case involved complex issues around safeguarding allegations, data protection and reputation management.
  • R (on the application of Puri) v. Bradford Teaching Hospital [2011] IRLR 582 – acting as junior counsel to Giles Powell in an application for judicial review of the decisions to dismiss Mr Puri using disciplinary and appeal panels comprising mainly Trust employees
  • Acting as junior to Giles Powell in an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.

Katie is an employment specialist with particular experience and interest in the education sector. She accepts public access instructions. Her experience includes:

 1)     Mediation: Katie has extensive experience of settling complex and acrimonious employment disputes by way of judicial mediation.

2)     Internal Investigations: Katie has acted as an independent investigator for clients particularly in the education sector. She was recently instructed by a major private school to undertake a detailed review of a redundancy process and investigate a large number of associated grievances.

3)     Policy and Paperwork Reviews: Katie frequently advises on employment documentation, for example the legality of restrictive covenant clauses in employee contracts and, recently, in respect of the adequacy of safeguarding policies in the light of the Goddard inquiry into child sexual abuse.

  • Cornwall Council v. NUT [2013] EAT. Katherine represented the NUT at first instance and was led by Rohan Pirani in the EAT. The case concerned a Business and Enterprise college becoming an academy. The NUT claimed that Cornwall Council had breached reg 13 by failing to inform them of three ‘‘legal implications of the transfer” namely: (1) The removal of employees from the scope of section 218(7) ERA 1996 with possible effects on continuity of employment. (2) The change in status of the employees’ terms and conditions of employment from statutory to contractual. (2) The loss of the ability to partake in national collective bargaining. The ET found that all three constituted legal implications of the transfer and awarded 6 weeks' compensation for the failure to inform. The appeal brought by Cornwall Council argued that the NUT did not prove with evidence at first instance that the alleged legal implications were indeed legal implications which were actual consequences of the transfer. The NUT argued that the burden was neutral and further that there was evidence for the ET to find, as a matter of common sense that the three things were legal 'implications' though not necessarily all actual consequences of the transfer. The appeal was held on 13 January 2013 and upheld the Tribunal’s decision.
  • Puri v. Bradford Teaching Hospital [2011] IRLR 582. Katherine acted as junior to Giles Powel in an application for judicial review of the decision to dismiss a consultant urologist (Puri v Bradford Teaching Hospital [2011] IRLR 582) and an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.
  • Walker v. Church Mission Society ([2011] UKEAT 0036/11/1706. Katherine represented a mission worker at first instance and in the EAT on the territorial scope of the right to claim unfair dismissal and whether the Claimant’s role was akin to that of an expatriate foreign correspondent.
  • Lakanal House Fires Inquests. Katherine acted on a pro-bono basis for the Sceaux Gardens Tenants’ and Residents’ Association who were given ‘properly interested person status’ for the ‘super inquest’ – with the six inquests to be held together – by previous coroner Mr Justice Thayne Forbes in March 2010. She appeared at a pre-inquest hearing and provided advice to the Association on the retention of their PIP status.
  • Allen et al v. Carmarthenshire CC. Katherine  acted as junior to Michael Ford QC in this complex equal case involving 60 Claimant job groups and 18 comparator job groups.
  • Chafesuka v. West London Mental Health NHS Trust/Garubbali v. South London and Maudsley NHS Foundation Trust. Katherine acted for the Respondent in both cases, defending allegations of disability discrimination by failure to make reasonable adjustments. The cases both involved numerous allegations of discrimination spread over a number of years, involving multiple witnesses and large amount of documentation.

pAwards

Katherine Fudakowski (called in 2008) has a thriving civil practice in several complimentary areas: employment and regulatory, personal injury and clinical negligence, inquests, education and child protection.

Katherine always builds an excellent rapport with her clients and solicitors and works strategically and sensitively to resolve their disputes.

 

  • Clinical Negligence: Building on her personal injury work, Katherine has a fast growing clinical negligence practice.

    Katherine is regularly instructed by defendants in clinical negligence claims involving a variety of healthcare issues affecting general practitioners, hospital doctors, dentists, psychologists and therapists. She undertakes panel work for the NHSLA and also has experience of defending claims brought against NHS Wales.

    Katherine has built her experience in this area through her complimentary professional discipline work at GMC and NMC proceedings and through representing Doctors, GPs, Pharmacists and other interested parties at inquests into hospital/medical treatment related deaths.

    Katherine has experience of a wide range of clinical negligence claims involving:

    – Delayed diagnosis
    – Lack of consent to medical treatment
    – Failed surgical treatments and procedures
    – Claims involving failed cosmetic surgery
    – Birth injury claims
    – Claims arising from the loss or death of a foetus in utero

    As well as appearing at court in relevant hearings, including clinical negligence case and cost management, Katherine also has experience of drafting pleadings and of advising on liability, quantum and evidence. Please click the tab below for details of her recent clinical negligence work.

 

  • Education and Child Protection: Katherine has particular interest and experience in this area, particularly where there are child protection/safeguarding issues. As well as undertaking education law work, for example in the SEND Tribunal, she is also frequently engaged in employment and professional discipline matters in the education sector. She is regularly instructed by the National Union of Teachers “NUT” at first instance and appellant level and has represented teachers who have been referred to the National College of Teaching and Leadership “NCTL”. Katherine has extensive experience of working ‘in house’ at major private schools to conduct internal investigations/reviews and advising schools facing breach of contract and personal injury claims from pupils. Katherine ’s personal injury experience includes historic sex abuse against schools and other institutions. Please click the tab below for examples of her recent education and child protection work.

 

  • Employment: Katherine represents employers and employees including public services, local authorities, trade unions, charities and individuals, in every type of employment case. She has considerable experience of multi-day discrimination and complex whistleblowing cases in the healthcare and financial services sector. She has excellent experience and success in representing clients at judicial mediation and securing advantageous settlement terms. Katherine acts in High Court wrongful dismissal claims, has advised on the enforceability of restrictive covenants and appeared in the High Court seeking injunctive relief and expedited trials. Please click the tab below for examples of her recent employment work.

 

  • Inquests: Katherine appears regularly at inquests for the family or interested persons. She has particular experience of representing medical professionals at inquests, involving allegations of negligence, which ties in closely with her professional discipline practice. Her recent inquests have involved the sudden death of a Mother from cardiac arrhythmia caused by anorexia and a young woman from codeine overdose.  Katherine acted on a pro-bono basis for the Sceaux Gardens Tenants’ and Residents’ Association who were given ‘properly interested person status’ for the Lakanal house fire inquests. Please click the tab below for examples of her recent inquest work.

 

  • Personal injury: Katherine acts regularly in all types of fast and multi track claims- from the pleading stage, in interlocutory and cost case management hearings and to conclusion by way of trial or JSM. She is regularly instructed to advise on liability and quantum and has experience of advising in complex noise induced hearing loss and disease claims. Katherine has a keen interest and experience in sexual abuse cases, particularly where the victim’s education and career prospects have been adversely affected.  Her clients value her for her sensitive approach to vulnerable claimants in conference and at court. Please click the tab below for examples of her recent personal injury work.

 

  • Professional discipline:  Katherine has a broad professional discipline practice, representing individuals before their professional bodies, particularly in the healthcare, education and sport sectors.

    Katherine appears regularly before the Nursing and Midwifery Council and Health Care Professional Council, at both the interim order stage and for substantive hearings. She has acted as junior counsel in an application for judicial review of the decision to dismiss a consultant urologist (Puri v Bradford Teaching Hospital [2011] IRLR 582) and an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.

    Katherine has a particular interest and experience in the education sector and has experience of representing teachers referred to the teaching regulator ‘the NCTL’, particularly in cases involving allegations of safeguarding.

    She also has experience in sports regulation. She is currently working in partnership with the International Paralympic Committee (IPC) having been appointed as a panel member to both the IPC’s anti-doping and classification appeal boards. She regularly adjudicates in anti-doping hearings where there are suspected breaches of the IPC anti-doping code and in appeal hearings concerning an athlete’s assigned sports class. Please click the tab below for examples of her recent professional discipline work.


Katherine studied at St Catharine's College, Cambridge and won the Lord Gooderson award for outstanding academic performance. She also won Lord Bowen, Wadham and Wolfson academic Scholarships from Lincoln's Inn for her bar exam performance.

Before joining chambers, Katherine worked at the European Commission in consumer protection and assisted the prosecution of perpetrators of the Rwandan genocide at the UN Tribunal in Tanzania.
 

Training

Katherine enjoys providing interactive training to solicitors and clients, including mock trials and JSMs. Recent topics have included:

 

‘Disability discrimination update’

‘Top Tips for Defending Registrants at NMC hearings.’

‘Understanding case and costs management.’

‘Repairing the Damage- quantifying damages in sexual abuse claims’

‘CICA claims and child abuse’

‘JSMs- from the Claimant’s perspective’



Professional Memberships

  • Employment Law Bar Association
  • Employment Lawyers Association
  • Industrial Law Society
  • The Institute of Employment Rights
  • Free Representation Unit
  • Bar Pro Bono Unit
  • Personal Injury Law Bar Association
  • Education Law Association

Katherine is regularly instructed by defendants in clinical negligence claims involving a variety of healthcare professionals including general practitioners, hospital doctors, dentists, psychologists and therapists.

Katherine has built her experience in this area through her complementary professional discipline work at GMC and NMC proceedings and through representing interested parties at inquests into hospital and other treatment-related deaths. Her recent inquests have involved the sudden death of a mother from cardiac arrhythmia caused by anorexia and a young woman from codeine overdose.

Katherine has experience of a wide range of clinical negligence claims involving: delayed diagnosis, lack of consent to medical treatment, failed surgical treatments and procedures, claims involving failed cosmetic surgery, birth injury claims and claims arising from the loss or death of a foetus in utero.

As well as appearing in court in clinical negligence cases and related costs management hearings, Katherine also has experience drafting pleadings and advising on liability, quantum and evidence. Her recent cases have involved; failure to assess tissue viability of elderly bed bound patient resulting in the development of grade 4 pressure sores; negligent performance of laparotomy and hernia repair surgery; misdiagnosis of wrist dislocation, over-prescription of morphine to patient following shoulder surgery causing irritable bowel syndrome & negligent treatment of gestational diabetes in pregnancy leading to fetal death.


  • Advising a major private secondary school regarding the referral of their teaching staff to the National College of Teaching and Learning (NCTL) involving allegations of failure to safeguard children.
  • Representing a top UK University in an appeal hearing brought before the Dean to determine whether the University had failed to accommodate the special educational needs of an architecture student who was not awarded her degree.
  • Advising a major London boys' day secondary school regarding a breach of contract and personal injury claim brought by two pupils and their parents.
  • Representing a major London private secondary school at the SEN Tribunal to defend disability discrimination allegations that a dyslexic pupil’s needs were not adequately accommodated leasing to poor A level performance.
  • Advising a major London private pre-prep school regarding a personal injury claim brought by a pupil who was injured on site. Katherine was involved in defending the PI action as well as reporting the incident to the HSE and devising a specific risk assessment to prevent similar accidents in the future.

  • Mrs Fatemeh Hassanzadeh v (1) City of Bradford MDC (2) National Union of Teachers (3) The Governing Body of Belle Vue Boys- [2016] UKEAT. Successfully represented the NUT in a bias appeal concerning the strike out of disability discrimination claims at PH stage.
  • Baker v Goldsmiths University- Successfully represented the Respondent in a whistleblowing case brought by an agency worker employed for less than 3 months.
  • Sergeant v The London Underground- successfully represented the Claimant in her 5-day sex discrimination claim.
  • Chappel v London North West Healthcare- successfully represented the Respondent in a constructive unfair dismissal claim involving over 20 incidents of alleged breach of contract spread over a number of years culminating in an alleged ‘last straw’.
  • Represented a barrister claiming unfair dismissal and sex discrimination at a judicial mediation resulting in very advantageous settlement terms.
  • Advising Dulwich College on the benefit entitlement of part time teaching staff in relation to the The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
  • Advising and representing the NUT in relation to the contractual entitlement of a group of music teachers to enhanced redundancy payments.
  • Dudak-Zienkiewicz v Care by Us- represented the Claimant in a test case concerning live in carers and the National Minimum Wage and Working Time Regulations.
  • Cornwall Council v. NUT [2013] UKEAT - represented the NUT at first instance and led by Rohan Pirani in the EAT. The case concerned the failure by a school which had converted to an academy to provide affected employees with sufficient information about the legal implications of the transfer or the transfer date.
  • Allen et al v. Carmarthenshire CC acted as junior to Michael Ford in a complex equal case involving 60 Claimant job groups and 18 comparator job groups.
  • Walker v. Church Mission Society ([2011] UKEAT 0036/11/1706) –Katherine represented a mission worker at first instance and in the EAT on the territorial scope of the right to claim unfair dismissal and whether the role was akin to that of an expatriate foreign correspondent.
  • Szabo v. City Centre Restaurants –successfully defending the Garfunkels restaurant chain in a 7-day case involving allegations of direct race discrimination and harassment by a Hungarian employee.
  • Chafesuka v. West London Mental Health NHS Trust/Garubbali v. South London and Maudsley NHS Foundation Trust - defending allegations of disability discrimination by failure to make reasonable adjustments

  • Acted for the family of deceased couple killed in a high-speed road collision caused by teenage boys driving at excessive speed under the influence of cocaine and alcohol.
  • Acted for the family of deceased who sustained severe brain damage after his type A dissection with pericardial effusion resulted in post-operative bleed leading to cardiac arrest.  The Inquest involved the cross examination of a number of consultant treating physicians on the negligent performance of the operation.
  • Acted for a pharmaceutical company whose employee had stolen and sold codeine to the deceased who was also obtaining codeine from other sources. The inquest involved complex issues of medical causation.
  • Instructed by the MDU to represent their member, a GP accused of negligently prescribing anti-depressants to an elderly patient.
  • Instructed by the Defendant Insurer of a company whose employee driver was involved in a fatal road traffic collision.
  • Acted on a pro-bono basis for the Sceaux Gardens Tenants’ and Residents’ Association who were given ‘properly interested person status’ for the ‘super inquest’ – with the six inquests to be held together – by previous coroner Mr Justice Thayne Forbes in March 2010. She appeared at a pre-inquest hearing and provided advice to the Association on the retention of their PIP status

  • L v TL GP Partnership- advising a teenage claimant on quantum in her claim against for physical and psychological injuries resulting from sexual assault by a GP.
  • X and y v Dr Haq- advising two adult female claimants on liability and quantum in their historic personal injury claim against their former GP, recently convicted of multiple offences of sexual assault.
  • Iain Robertson v. NACAP Land and Marine Joint Venture - successfully represented the claimant in an application under s.33 Limitation Act to present a claim out of time.
  • Kusnir v Bristol Port Authority- successfully defended the Defendant at trial against a workplace liability claim under the manual handling regulations. The case involved multiple witnesses and complex technical evidence. Detailed written submissions were also required.
  • Mr Wesley Hankins v. Gloucester Academy School - successfully defended the school against the Claimant’s allegations that the school had been negligent when he was injured by a broken pane of glass. The case involved detailed cross-examination of expert witnesses.
  • Chick v. Cook, Shaw and Barhale Construction - successfully represented the Defendant in this fast track liability and quantum trial involving a multi-car pile-up on the motorway with difficult causation issues.
  • Richardson v DLA Beautique London Ltd- representing the Claimant in an on-going dispute with a beauty salon accused of negligently performing hair-threading treatments.
  • John-v-Aluminium Wire and Cable Co Limited- represented the Defendant is this noise induced hearing loss case in a contested application for a medical expert.
  • Crow v. Skinner - represented the Claimant in this contested application for permission to obtain a neurosurgical expert report in a claim pleaded to £200-£250,000.

  • NMC v Obeso- Represented the Registrant at a five-day hearing involving analysis of 30 hours of CCTV footage. Successful resisted suspension from the register.
  • Chacko v NMC- Represented the Registrant at an Interim Orders Hearing and successfully argued for the revocation of the conditions of practice Order.
  • A-E v NCTL- Represented the ex headmistress, deputy head, and three senior leaders of a major private school who were referred to the NCTL by a disgruntled former teacher. The case involved complex issues around safeguarding allegations, data protection and reputation management.
  • R (on the application of Puri) v. Bradford Teaching Hospital [2011] IRLR 582 – acting as junior counsel to Giles Powell in an application for judicial review of the decisions to dismiss Mr Puri using disciplinary and appeal panels comprising mainly Trust employees
  • Acting as junior to Giles Powell in an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.

Katie is an employment specialist with particular experience and interest in the education sector. She accepts public access instructions. Her experience includes:

 1)     Mediation: Katie has extensive experience of settling complex and acrimonious employment disputes by way of judicial mediation.

2)     Internal Investigations: Katie has acted as an independent investigator for clients particularly in the education sector. She was recently instructed by a major private school to undertake a detailed review of a redundancy process and investigate a large number of associated grievances.

3)     Policy and Paperwork Reviews: Katie frequently advises on employment documentation, for example the legality of restrictive covenant clauses in employee contracts and, recently, in respect of the adequacy of safeguarding policies in the light of the Goddard inquiry into child sexual abuse.

  • Cornwall Council v. NUT [2013] EAT. Katherine represented the NUT at first instance and was led by Rohan Pirani in the EAT. The case concerned a Business and Enterprise college becoming an academy. The NUT claimed that Cornwall Council had breached reg 13 by failing to inform them of three ‘‘legal implications of the transfer” namely: (1) The removal of employees from the scope of section 218(7) ERA 1996 with possible effects on continuity of employment. (2) The change in status of the employees’ terms and conditions of employment from statutory to contractual. (2) The loss of the ability to partake in national collective bargaining. The ET found that all three constituted legal implications of the transfer and awarded 6 weeks' compensation for the failure to inform. The appeal brought by Cornwall Council argued that the NUT did not prove with evidence at first instance that the alleged legal implications were indeed legal implications which were actual consequences of the transfer. The NUT argued that the burden was neutral and further that there was evidence for the ET to find, as a matter of common sense that the three things were legal 'implications' though not necessarily all actual consequences of the transfer. The appeal was held on 13 January 2013 and upheld the Tribunal’s decision.
  • Puri v. Bradford Teaching Hospital [2011] IRLR 582. Katherine acted as junior to Giles Powel in an application for judicial review of the decision to dismiss a consultant urologist (Puri v Bradford Teaching Hospital [2011] IRLR 582) and an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.
  • Walker v. Church Mission Society ([2011] UKEAT 0036/11/1706. Katherine represented a mission worker at first instance and in the EAT on the territorial scope of the right to claim unfair dismissal and whether the Claimant’s role was akin to that of an expatriate foreign correspondent.
  • Lakanal House Fires Inquests. Katherine acted on a pro-bono basis for the Sceaux Gardens Tenants’ and Residents’ Association who were given ‘properly interested person status’ for the ‘super inquest’ – with the six inquests to be held together – by previous coroner Mr Justice Thayne Forbes in March 2010. She appeared at a pre-inquest hearing and provided advice to the Association on the retention of their PIP status.
  • Allen et al v. Carmarthenshire CC. Katherine  acted as junior to Michael Ford QC in this complex equal case involving 60 Claimant job groups and 18 comparator job groups.
  • Chafesuka v. West London Mental Health NHS Trust/Garubbali v. South London and Maudsley NHS Foundation Trust. Katherine acted for the Respondent in both cases, defending allegations of disability discrimination by failure to make reasonable adjustments. The cases both involved numerous allegations of discrimination spread over a number of years, involving multiple witnesses and large amount of documentation.

pAwards

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