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Katherine Sage

Call 2014

Katherine specialises in criminal regulatory, personal injury, professional negligence, product liability and construction disputes. She is currently instructed as junior counsel for one of the public authority Core Participants in the Grenfell Tower Inquiry.

Katherine has experience appearing in the County, Magistrates, Crown and Coroner’s Courts which reflects the nature of her combined civil and criminal regulatory practice.

In her criminal regulatory practice, Katherine has represented corporate defendants in the Magistrates’ and Crown Courts in cases arising out of both health & safety and environmental prosecutions. She has also represented both corporate and individual Interested Persons in Inquest proceedings. This side of her practice benefits from her understanding of employers and public liability claims, professional negligence, construction disputes and company law.

In her Civil practice, she has experience drafting pleadings and advices for cases across all three civil “tracks” and both as a trial advocate and at interim hearings, including CCMCs.

Prior to joining Chambers, Katherine obtained a first-class degree in Law from Pembroke College, Oxford and went onto obtain the Bachelor in Civil Law from Hertford College, Oxford. She was marked Outstanding on the Bar Professional Training Course and is a Hardwicke, Lord Denning and Buchanan scholar of Lincoln’s Inn.

After completing the bar course, Katherine joined the Civil Service Fast Stream where she gained valuable public and commercial sector experience through her roles in communication, legislative reform and international trade.

Health & Safety

Katherine has a growing health & safety, criminal regulatory and environmental law practice. She has represented corporate Defendants in the Magistrates’ and Crown Courts in prosecutions brought by the Health and Safety Executive as well as the Environment Agency.

She has experience of a wide range of cases both in her own right and as a result of being supervised by Mike Atkins for 6 months of her pupillage. Those cases have covered a range of settings including construction sites, work at height, residential care, waste management, manufacturing, agricultural, supported housing and road traffic accidents.

Katherine has a particular interest in fire safety and has represented a corporate Defendant in Magistrates’ proceedings relating to the Regulatory Reform (Fire Safety) Order 2005, as well as being instructed for one of the public authorities in the Grenfell Tower Inquiry.

Katherine’s experience includes:

  • She is currently instructed (led by Mark Balysz) in a case involving an injury arising from a manufacturing incident;
  • Representing a large household name in proceedings arising from an Environmental Agency waste management related prosecution;
  • Representing an individual defendant in Magistrates’ proceedings arising out of a prosecution for death by careless driving;
  • Representing a corporate defendant in Magistrates’ proceedings relating to the Regulatory Reform (Fire Safety) Order 2005;
  • Representing a corporate defendant both in the Magistrates’ court and subsequent Crown Court proceedings arising from an injury sustained at a residential care facility;
  • Assisting Mike Atkins in a case involving the death of a resident of a care home, including assisting in drafting the basis plea, mitigation note and outline for sentencing hearing based on the 2016 Sentancing Guidelines;
  • Researching and drafting an advice on the financial information that ought to be disclosed when a partnership is being prosecuted, including the applicability of s. 162 Criminal Justice Act 2003 to individual partners’ assets;

During pupillage, she assisted James Ageros QC and Mike Atkins in R v Martinsation, a Corporate Manslaughter prosecution involving falls from height and lifting operations which had resulted in the death of two employees. James and Mike were representing the company director who was charged with breaches of s. 37 Health and Safety at Work etc. Act 1974

Criminal Regulatory & Environmental

Katherine’s experience in criminal regulatory & environmental law is primarily set out in the Health & Safety section of her profile.

In addition, Katherine has recently represented a London based restaurant for the plea and sentencing hearing in a Local Planning Authority enforcement case.

Inquests & Public Inquiries

Katherine is instructed as junior counsel (led by James Maxwell-Scott QC) for one of the public bodies in the Grenfell Tower Inquiry.

She has experience of representing both corporate and individual Interested Persons in Inquest proceedings arising out of workplace deaths. Katherine is currently instructed on behalf of a Registered Social Provider in an inquest into the death of an ex-offender on supported housing premises.

Personal Injury

Katherine’s personal injury practices focuses on road traffic, employer’s liability and public liability claims and benefits from her criminal regulatory experience. She regularly advises and drafts pleadings in matters on all civil tracks and has experience both as a trial advocate and in the range of interim hearings, including CCMCs and applications.

Katherine enjoys working on cases that involve an international element having studied a number of international law subjects on her BCL. She was involved in the early stages of a multimillion-pound claim arising out of a road traffic accident, which raises jurisdictional issues as well as issues in product liability and negligence.

Katherine’s experience includes:

  • Claims relating to accidents and falls from height on constructions sites. These claims often raise issues of contributory negligence and additional claims;
  • Claims arising from agricultural accidents. She recently advised on a case involving a farmyard animal which raised issues under the Animals Act 1971;
  • Claims involving fundamental dishonesty and / or medical causation issues;
  • Claims involving jurisdictional issues, including road traffic accidents in other EU territories;
  • Injuries arising from road traffic accidents, including quantum disputes under the RTA pre-action protocol, stage 3.
  • Drafting infant settlement approval advices and attending hearings;
  • Pre-trial hearings, including interim applications and CCMCs;
  • Katherine also has experience of JSMs and is happy to advise on settlement parameters and prospects of success.

Industrial Disease

Katherine has experience of NIHL, asbestos-related and HAVS claims and is very interested in growing this area of her practice.

Selected cases include:

  • Successfully applying to strike out an NIHL claim which had serious limitation issues and secured a costs order under CPR 15.
  • Appearing in a permission to appeal hearing in an NIHL claim which raised complicated causation issues around unilateral bulging and the applications of Note 11.
  • Attending the Inquest into the death of Richard Westgate which was one of the first inquests that had to grapple with aerotoxicity.

Professional Liability

Katherine is keenly developing her professional liability practice. She has recently been instructed in cases involving:

  • Solicitors negligence arising out of an allegedly mishandled personal injury claim;
  • Alleged negligence by an architect in the design of a property.

Product Liability

Katherine welcomes instructions in relation to product liability, including claims under the Consumer Protection Act 1987, in contract and in tort. During pupillage, she assisted David Myhill in the five-day High Court Trial in the case of Wilkes v DePuy International Limited [2016] EWHC 3096 (QB).

She has experience both in litigation and negotiation in this area, having conducted a JSM in relation to a dispute arising out of an allegedly defective push fit valve.

She has also assisted in the inspection exercise in respect of a multimillion-pound claim arising out of a road traffic accident, which raises jurisdictional issues as well as issues in product liability and negligence.

Property Damage

Katherine has experience of property damage matters involving fire, escape of water, defective premise claims and tree-related damage.

She has been instructed:

  • In a number of claims in respect of Cavity Wall Insulation where failure to install the insulation correctly is alleged to have caused property damage;
  • In a construction vibration damage case which raises Party Wall etc. Act 1996 issues;
  • In a case relating to alleged damage to a hard standing caused by tree roots.

Construction & Engineering

Katherine has experience of bringing and defending construction claims in tort, contract and under the Defective Premises Act 1974.

She has experience advising on the application and interpretation of Schedule 1, Part B of the Building Regulations and has recently been made co-editor of Chapter 18 of Emden’s Construction Law on the Responsibilities of Local Authorities in relation to construction work.

During pupillage, Katherine assisted Crispin Winser on the appeal of a Party Wall Act etc. Act 1996 dispute to the Court of Appeal. She also drafted an advice in respect of a dispute over who had responsibility for defective roof works in a chain of contractors where the righting of the defects would cost the liable party in the region of £60,000.

In her own right, Katherine:

  • Represented the Claimant in a dispute arising out of the sale of goods and services for a residential construction project;
  • Was instructed in a dispute arising out of vibration damage and the Party Wall etc. Act 1996;
  • Was instructed in a number of disputes which arise out of the defective installation of Cavity Wall Insulation.

Commercial

Katherine welcomes the opportunity to advise, draft documents and conduct litigation in respect of commercial disputes.

Katherine has a particular interest in Company Law and readily accepts instructions to appear in the Winding Up Court, Restoration of Companies Court and Bankruptcy Court.

She has advised on contractual disputes which have involved issues of construction, misrepresentation, repudiation, assignment and liquidation of parties, including one claim where the difference in approach to construction of the contract had the potential to vary the value of the claim from £20,000 to £2 million.

Katherine also has experience dealing with claims arising out of the Sale of Goods Act 1974, in particular, sale by description and reasonable rejection of goods under s. 15.

Sports Law

Outside of work, Katherine has always been a keen sportswoman, having played rugby union from a young age. She was commended for her ability pursue both academic and sporting excellence in tandem, when she was awarded the Sir Roger Bannister Scholarship by Pembroke College. Katherine was awarded 3 Full Blues from Oxford, before captaining the Club to the first double Varsity victory in a decade in 2013. She went onto to represent Great Britain in the Tag Rugby World Cup in December 2015.

Katherine is now enjoying developing a Sports Law practice and has recently:

  • Successfully defended an amateur youth sports club against a claim for the refund of subscription fees paid by a parent where the parent’s main complaint was that his child was not given enough game time;
  • Been instructed in respect of the defence of a claim which raises issues of the recoverability of damages for loss of an amateur international sporting career consequent on personal injury.

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Qualifications


  • BPTC, Outstanding
  • BCL
  • BA (Hons) Oxon, First Class
  • Hardwicke Scholarship, Lincoln’s Inn
  • Lord Denning Scholarship, Lincoln’s Inn
  • Buchanan Prize, Lincoln’s Inn
  • Sir Roger Bannister Scholarship, Pembroke College
  • Pembroke College Exhibition

Memberships


  • HSLA
  • PNBA
  • PIBA

 


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