Kate has extensive experience in dispute resolution, including High Court litigation, international arbitration and regulatory investigations in addition to mediation. From this she has seen the benefits of mediation in sparing parties the waste of management time, cost, disruption, publicity and uncertainty that comes with litigation.

Kate believes that the right mediator and the right process can assist disputing counterparties to achieve a workable solution to their dispute and often also enable them to maintain and rebuild relationships.

Kate is comfortable mediating any commercial, banking or employment dispute. She is familiar with both general commercial disputes and also disputes brought by investors and counterpart banks in relation to complex financial products. Examples of cases Kate has recently mediated include:

Banking/Financial Services (see also Professional Negligence)

  • Numerous mis-selling claims by investors against investment banks, involving issues around discretionary mandates, investment objectives and the composition of the underlying assets of a bond
  • Numerous claims regarding investments into tax mitigation schemes such as film financing partnerships

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  • Sale by major bank of its consumer credit business to another bank, involving £multi million claim under the Indemnity provisions of the Sale & Purchase agreement
  • Dispute between FX trading firms as to entitlement to commissions
  • Dispute between Cayman Island entities concerning fund management
  • Dispute over termination fee payable by investment bank
  • Liquidators’ dispute with company directors over accounting treatment of loans
  • Dispute as to suitability of investments including issues spanning deferred tax liability, redemption penalties and investment management charges and commissions
  • Mortgage mis-selling claims
  • Negligence claim re advice to enter into interest rate collar, including issues of adequacy of warning on risk of exit costs and changing interest rates
  • Claim by bank under personal guarantee including defence of non est factum and undue influence
  • Dispute over obligations under Factoring Agreement and personal guarantees
  • Dispute between partners in a financial services business as to terms in a partnership agreement and alleged accounting irregularities
  • Claims under s.150 FSMA for breaches of COBS rules
  • Claim by bank against mortgage broker/facilitation company regarding mortgages issued on a number of properties
  • Mis-selling case involving protected party and IHT planning
  • Claim alleging breach of duty and creation of constructive trust for monies paid to fraudster, including defence by bank of duty of confidentiality
  • Dispute as to whether sums advanced by private equity firm constituted loans or investments
  • Claims by banks for non-payment of loans (secured by charges on properties) with counter claims of mis-selling
  • Civil claim following FSA final notice against senior individuals of financial institution finding breach of Statement of Principle 1

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Contract/Company/Sales of Goods/Suppliers (see also Shareholder)

  • Dispute between oil supplier and their transporter regarding fleet of 500 vehicles, including allegations over charging on £multi-million contract
  • Breach of contract claim relating to installation of air filters in industrial plants (including alleged misrepresentation)

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  • Dispute concerning the outsourcing of cleaning for 600 branch restaurant/bar chain
  • £1.5million claim by automotive parts supplier for wrongful termination of contract including £900,000 counter claim alleging economic duress
  • Breach of contract/rectification claim concerning the operation of concession stands within charity shops
  • £1.1million claim under software licence agreement as to royalties due
  • Breach of contract claim for unpaid invoices for operation of credit card business (with issues offset off, exclusion clauses and mitigation)
  • Breach of contract dispute between a professional partnership and supplier
  • Claim for breach of contract and for compensation under the Commercial Agents’ Regulations between drinks manufacturer and promotion agency
  • Claim by 4 commercial agents in motorcycle parts market for compensation under agency regulations
  • Supplier dispute concerning alleged misrepresentations as to ongoing business relationship resulting in significant investment in specific plant by supplier
  • Contractual dispute over supply of IT products and services
  • Dispute between contracting parties in technology sector, each alleging repudiatory breach of contract
  • Claim by business owner following flood against installers of water cooler including third party claim against manufacturers of component parts
  • Supplier dispute concerning alleged misrepresentations in securing contract to render professional services
  • Action against franchisee for alleged wrongful termination of agreement, including arguments on mitigation and misrepresentation
  • Dispute concerning provision of training services under government contract
  • Claim for loss of profit from joint venture agreement relating to exploitation of a number of advertising locations
  • Alleged breach of warranties under sale of business agreement relating to residential care home together with issues on book debts and stock
  • Claim against sub-contractor under Deed of Collateral Warranty arising from laying of allegedly sub-standard floor in factory
  • Dispute between departing directors and acquiring company about permissible deductions in their bonus calculations
  • Charity contracted for photocopiers in 60 offices and claimed fraudulent misrepresentation/mistake as to length of contract term
  • Dispute between aircraft lessor and lessee broker concerning lease of aircraft for multi-national tour by broker’s client
  • Breach of contract dispute over computer software including limitation issues
  • Contractual dispute over services provided by a marketing and web design firm to a Housing Association and subsidiary commercial organisation in connection with 3 major housing developments

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  • Dispute over team move to competitor, following injunction and commencement of arbitration
  • Dispute with ex-LLP partner heading up overseas office re appropriate benefits in kind, including right of re-admission to UK LLP on return

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  • NHS Trust employment dispute over departing director
  • Multi-party professional partnership dispute over obligations under partnership deed
  • Consultancy firm suing over foreign government contact involving highly sensitive and confidential subject matter
  • Claim under consultancy agreement for unpaid fees, with counter claim alleging breach of restrictive covenants
  • Unfair dismissal and age discrimination claim in respect of redundancy, including grievance procedure
  • Dispute from break up of law firm partnership including valuation of WIP and other sums under business transfer agreement
  • Dispute between firm of chartered surveyors and consultant regarding fees due under a consultancy agreement
  • Claim by former director of Company for sums payable under a Compromise Agreement, including allegations by company of breach of non-compete clauses
  • Unfair dismissal claim by senior figure in the sports sector, with issues as to mitigation
  • Claim by hospital consultant/university professor splitting medical practice between 3 institutions for remuneration for services
  • Claim by employee for lost earnings on basis of incorrect reference issued by employer
  • Claims in High Court and Employment Tribunal of wrongful and unfair dismissal by Managing Director of large company, including allegations of deceit and defamation (and counter claim by company of mis-management)
  • Dispute over redundancy payments made to 3 departing directors
  • Settlement of employment issues and valuation of shareholding for ex-director working for rival firm following injunction
  • Dispute between members of a limited liability partnership concerning split of assets and income streams and negotiating exit on breakdown in relations
  • Claim by senior employee in large organisation of persistent bullying, harassment and neglect of duties by senior management
  • Neighbourhood disputes involving allegations of anti-social, aggressive and racially motivated behaviour

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  • Customer alleging constructive trust by bank over monies paid to alleged fraudster
  • Company suffered a £1million loss due to fraudulent actions of a consultant and brought an unjust enrichment claim against the wife of the fraudster

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  • Lender claim under charge on defaulting loan, with third party fraudster having secured sale and leaseback transaction
  • Allegations of bid rigging on IT contract
  • Claim against bank for mistaken payments, with allegations of third party fraud impacting
  • Claim by bank for payments under a financing agreement, involving issues of fraudulent (and insolvent) third party broker
  • Alleged conspiracy between ex director of company and a client to issue false invoices
  • Action by bank to trace funds into mixed bank account alleged to be proceeds of fraud
  • Following dishonesty by certain employees in a financial services firm, issues as to adequacy of supervision/remediation by other partners in firm

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  • Claim by liquidators against former directors on CVL for misfeasance and transactions at an undervalue under s.212 and s.423 Insolvency Act
  • Action by Trustee in Bankruptcy concerning a number of properties held in complex inter-related structure and subject to various charges and declarations of trust

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  • Multiple claims in respect of administration of slaughterhouse and stone works, administrators and lending bank, also involving personal guarantees
  • Claim by Trustee in Bankruptcy for order of possession and sale over jointly held property, involving issues of equity of exoneration and equitable accounting
  • Liquidators dispute with ex-company directors over accounting treatment of loans
  • Action by receiver against debtor tenant to recover assets of insolvent company including orders for possession and sale and the removal of unilateral notices
  • Claim against estate of deceased IFA for compensation for loss suffered in investments recommended
  • Dispute concerning advice given on grounds for setting aside a bankruptcy petition
  • Trustee in Bankruptcy application and counter application concerning estate assets with issues of priority of creditors, equity of exoneration and constructive trusts

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  • Claim between healthcare provider and insurer as to payment for private healthcare in relation to £120million/year contract
  • Dispute over declinature of claim under Shareholder Protection Policy, including questions as to the role of the broker

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  • Claim by widow of insured under company insurance for death whilst on assignment with defendant, including issues of construction of contract
  • Coverage dispute over run-off of professional indemnity insurance following business sale
  • Insurers’ dispute as to liability for cover relating to explosion at car plant
  • Multi party insurance dispute concerning liability under policies relating to a hotel fire
  • Insurance dispute relating to claim against solicitor’s firm
  • Insurer disputed liability and quantum over factory fire due to alleged arson, including substantial claim for business interruption
  • Dispute between insurers as to allocation of liability on claims relating to payment protection policies
  • Claim against insurer for non payment under Property Owner Policy after flood on grounds that loss was not from damage to property but instead from breach of contract
  • Disputes over coverage for hotel, warehouse and factory fires including issues of non-disclosure, lack of occupation, condition of buildings and under insurance
  • Claim against insurance broker for negligence in erroneously including VAT in rebuild costs of 2 blocks of flats when arranging insurance

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Intellectual property (see also Media)

  • Action for trademark infringement (UK and community) and passing off against company in FMCG space
  • Dispute between manufacturers concerning alleged infringement of design right in products

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  • Action in passing off arising from dispute between social clubs as to right to use name and logo of a private members club
  • Dispute concerning allegations of wrongful interference with goods resulting from seizure on grounds that goods were alleged to be counterfeit
  • Claim of passing off and trademark infringement by company in cosmetic and nutrition sector
  • Claim against legal advisor in relation to pleading of secondary infringement in design right action
  • Claim by company against former consultant in respect of alleged use of confidential information following grant of emergency injunction
  • Dispute between publishing firm and contributor to educational texts over issues as to ownership of copyright, entitlement to royalties and loss of goodwill due to lack of attribution of work
  • Claim by retailer against manufacturer for breach of unregistered design right in 36 designs of furniture
  • Action over export of computer software found to infringe local (US) copyright laws

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  • Multi-jurisdictional dispute between Canadian and Czech Republic based companies regarding operation in similar sector/market place
  • Claim in English court against UK and US production and distribution companies in respect of film release

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  • Dispute between Cayman Island entities re ownership of assets in corporate structure
  • Claim by US based businessman for payment under contract relating to management of UK project
  • Dispute between Danish company and UK agent in relation to obligations under a series of agency agreements
  • US company seeking relief from English High Court for restitution of payments made fraudulently by its finance director in the UK
  • Claim between Dutch company and UK competitor concerning supply agreements in health care sector
  • Dispute concerning joint venture between UK, US and Australian companies
  • Dispute concerning respective obligations and liabilities for investment management between US parent and UK subsidiary

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Media & Entertainment/Sport (see also Intellectual Property)

  • Action for trademark infringement and passing off in respect of a television series
  • Claim by author against Hollywood studio for passing off and copyright infringement with application for injunction in respect of upcoming film release

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  • Dispute between large publishing firm and author over alleged breach of publishing agreement
  • Dispute between joint venture partners in music business as to operation of venues, shares of ownership and security for third party loans
  • Dispute regarding bloodstock agreement for champion racehorse and counterclaim for monies owed under a jockey’s sponsorship agreement

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Professional Negligence

-Financial Advisors

  • Numerous claims against banks and financial advisors for alleged negligent advice and mis-selling of investments (breach of statutory, contractual, tortious and fiduciary duties)
  • Multi party negligence claim against financial advisers and solicitors in respect of £3million investment which had lost substantial value (allegations of inappropriate asset allocation and selection and failure to advise on limitation periods)

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  • Claim against investment firm for advice from their discretionary management service in relation to equity investments
  • Negligence claim against financial advisor for inclusion of UCIS in pension plan
  • Claim of negligence against pensions advisor


  • Several negligence claims against firms of solicitors relating to advice on loan financing documentation
  • Claim against city law firm by significant corporate client for allegedly deficient advice (in response to claim by firm for unpaid fees)
  • Negligence claim relating to advice given on super-yacht purchase
  • Negligence claim against firm of solicitors in respect of judicial review application (counter claim by firm for unpaid invoices)
  • Negligence claim against solicitor re limitation act issues, including counter allegations of fraud against client
  • Negligence claim against conveyancing solicitors in respect of equity release financing deal entered into by home owner
  • Claim by bank against firm of solicitors for negligence in failing to register a charge resulting in loss of security on business loan
  • Claim against solicitors in respect of conduct of personal injury claim
  • Claim against firm re advice given in defence of bankruptcy proceedings
  • Claim against law firm for advice given on insurance position which resulted in voiding of insurance cover
  • Claim against solicitors firm in connection with drafting of sale and purchase and distribution agreements


  • Numerous cases of banks suing valuers on commercial and residential valuations under SAAMCO principles with issues of contributory negligence and failure to mitigate (including several multi party)
  • Dispute between surveying firms as to liability for negligence on joint assignment
  • Negligence claim in connection with subsidence subsequently discovered

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Property/Real estate

  • Dispute re financing of 5000 unit London development
  • Dilapidations claim by leaseholder of commercial property against landlord, including repair obligations and loss of rental income

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  • Dispute involving deferred completion arrangement
  • Real estate dispute concerning assignment and termination of licence over space in corporate premises
  • Breach of contract claim and counter-claim relating to installation of 15 kitchens in commercial property including queries on CAD drawings
  • Real estate dispute over effectiveness of guarantee in leasehold documents
  • Issues arising from the sale of a property and connected care home business
  • Repossession claim with counterclaim from borrower alleging unauthorised actions by broker and negligent advice from bank
  • Dispute between chartered surveying firms concerning performance of professional duties on joint project
  • Action concerning rightful ownership of a number of properties held in inter-company arrangement with various charges to different individuals and banks
  • Property development company advised to invest in a complex derivative product to hedge their borrowing to fund property acquisitions
  • Action by mortgage provider concerning a number of ‘right to buy’ purchases where inaccurate information was supplied on the borrowers’ circumstances
  • Claim by home owners in respect of equity release financing deal
  • Claim for lost revenues due to alleged trespass relating to advertising on numerous billboard sites
  • Dispute between large property development company against purchasers of off-plan property
  • Dispute over 200 leasehold properties in London Docklands, with claim by management company against freeholder to allege breach of fiduciary duty and claim for account of profits

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  • Dispute from Court of Appeal re valuations of shareholding, including level of discount for minority shareholding that conveyed controlling interest to purchaser
  • Departing finance director of restaurant chain disputed valuation of shareholding including basis of valuation and partiality of auditor as valuer

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  • Dispute as to ownership of company and related assets including proper valuation method of company (earnings/net asset or dividend)
  • Dispute between former directors as to loan accounts and dilution of shareholding

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  • Action against trustees of a number of Jersey trusts included allegedly fraudulent behaviour by one of trustees
  • Negligence claim against trustees for investment decisions, with defences under s.61 Trustees Act

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  • Dispute between offshore entities over fund management and roles of Security and Loan Note Trustee
  • Action against former trustees in respect of losses incurred in trust assets invested
  • 3 party mediation relating to long running (11 years) probate dispute over large family estate (20 properties and agricultural land)
  • Mediation between family members regarding the succession of a family estate, including an historic house, around 20 other properties and a large amount of land

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Kate’s Approach to Mediation

1. Preparation

Thorough preparation by both the mediator and the parties gives the best chance of settlement. Kate will ensure that she has read the documents required to understand the dispute and has sufficient background knowledge as to the relevant sector. Kate will also speak to each party and/or their advisors prior to the mediation to guide them in their preparation for the mediation to ensure that the mediation day can be most effectively used.

2. Process

Mediation is usually a comparatively short period of designated time in which to try and achieve a successful resolution to a complicated and often long standing dispute. Kate is experienced in managing processes and working to tight time frames. At the mediation itself, Kate will develop (and constantly review) a process that she considers best enables the parties to move forward. The mediator needs to be flexible as new information or dynamics will invariably emerge as the mediation negotiations progress.

Kate generally starts with a joint meeting and then moves to a series of private meetings where she can explore the issues, driving interests and possible solutions in more depth within the protection of a confidential setting.

Her role is to enable and support the parties’ negotiations, a key element of which is appropriately managing the flow of information between the parties. Where appropriate, she will challenge parties’ positions or views and will also try to encourage the parties to think innovatively about possible solutions.

To be effective a mediator needs to establish an early and strong rapport with the parties. Kate is used to working with parties with differing views, often in emotional and high pressure situations. She is comfortable working with people from all social and professional backgrounds.

A settlement will generally take significant energy from all involved. Kate brings such energy and will work to develop a process that generates sufficient momentum.

3. Style

Kate’s background in litigation in London and New York means that she is able to understand a case quickly and she finds that this enables her, within private session, to work with the parties to look clearly at their cases and identify their own business needs and those of the other party.

She can also be realistic when exploring with the parties what the alternative to a settlement would entail in terms of cost, management time and disruption.

The mediator’s role is to facilitate a settlement between the parties and it is through her calm and measured approach to a negotiation that she hopes to help the parties work to such settlement.