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Katherine Sage

Call 2014

Katherine’s growing practice, in and out of court, spans the full range of Chambers’ work.

Her civil law practice both in respect of paperwork and court appearances is developing across all three civil “tracks” and she is often instructed in respect of CCMCs and applications as well as for final hearings.

Her developing criminal regulatory practice benefits from her understanding of employers and public liability claims, professional negligence, construction disputes and company law. She has experience appearing in the Magistrates’ court and has attended a number of Crown Court hearings.

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, business development and international trade.

Personal Injury

Katherine has experience in personal injury, occupational disease and clinical negligence claims, contesting both liability and quantum. She regularly advices and drafts pleadings in matters on all civil tracks.

Katherine’s experience includes:

  • Occupiers’, Public and Employers’ liability claims, in particular involving construction sites and falls from height and including issues of contributory negligence and Part 20 claims.
  • Claims involving fundamental dishonesty and / or medical causation issues.
  • Claims with 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.

In her own right she has:

  • Successfully applied to strike out an NIHL claim which had serious limitation issues and secured a costs order under CPR 44.15.
  • Appeared in a permission to appeal hearing in an NIHL claim which raised complicated causation issues around unilateral bulging and the applications of Note 11.

Health & Safety

Katherine spent the second six months of her pupillage under the supervision of Mike Atkins, which provided her with an excellent insight into Health and Safety law and in particular, the operation of the 2016 Sentencing Guidelines. She has a keen interest in developing this area of her practice.

Katherine recently represented a corporate Defendant in Magistrates’ proceedings relating to the Regulatory Reform (Fire Safety) Order 2005.

Whilst under Mike’s supervision she:

  • Assisted 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;
  • Drafted an advice on the appropriate good character direction to pursue in the light of R v Hunter and Others [2015] EWCA Crim 631 where a company, but not an accused director, has previous convictions;
  • Drafted an advice on the prospects of appeal of conviction and sentence in a case involving arguably inconsistent verdicts on different counts.
  • Researched and drafted 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;
  • Observed examination-in-chief and cross-examination of an expert witnesses in a case involving falls from height and lifting operations which had resulted in the death of two employees where the company was convicted of Corporate Manslaughter and the Director was convicted of a breach of s. 37 Health and Safety at Work etc. Act 1974;
  • Attended a sentencing hearing involving a small farming company who had pleaded guilty to breach of s.3 Health and Safety at Work etc. Act 1974, where the harm was agreed to be Level A Harm and the parties strongly disputed likelihood;
  • Attended the trial and sentencing hearing in a multi-defendant case involving a fatal electrocution where the appropriate management of independent contractors and the applicability of the Sentencing Guidelines to Very Large Organisations were central issues.

Criminal Regulatory & Environmental

As with Health & Safety Law, Katherine has a keen interest in developing this area of her practice.

Katherine recently represented a corporate Defendant in Magistrates’ proceedings relating to the Regulatory Reform (Fire Safety) Order 2005.

Inquests & Public Inquiries

Katherine welcomes instructions in respect of inquests, PIR and public inquiries, including noting briefs. She recently observed the 6-day inquest into the death of Richard Westgate.

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.

Clinical Negligence

Katherine has experience of advising and drafting pleadings for clinical negligence claims arising out of numerous areas of medical specialism including: A&E care; orthopaedic; gynaecological; obstetrics; urology.

Katherine understands the important tactical considerations around expert evidence, especially in lower value cases where the Court is increasingly considering single joint experts.

Recent cases include:

  • Appearing on behalf of the NHS in a CMC for a fast track value claim where expert evidence was the key issue;
  • Drafting a counterschedule in a claim pleaded at over £100,000 which subsequently settled for around a quarter of the pleaded value.

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 was assisted David Myhill in the five day High Court Trial in the case of Wilkes v DePuy International Limited [2016] EWHC 3096 (QB).

Katherine is currently instructed in a dispute arising out of an allegedly defective boiler 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 a breadth of experience of property damage matters having assisted during pupillage on cases involving fire and water damage and in defective premises claims.

Since commencing tenancy Katherine has been instructed:

  • For a number of Claimant’s in respect of Cavity Wall Insulation disputes where failure to install the insulation correctly has caused property damage;
  • For the Part 20 Defendant in a claim where the Claimant alleges loss as a result of escape of water;
  • For the Claimants in a vibration damage claim which raises Party Wall etc. Act 1996 issues.

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.

Recently, 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.

Construction & Engineering

Katherine’s experience of construction disputes includes those arising from delay, design and breach of regulations. She has experience of bringing and defending claims in tort, contract and under the Defective Premises Act 1974.

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;
  • Is instructed in an ongoing dispute arising out of vibration damage and the Party Wall etc. Act 1996;
  • Is instructed on behalf of a number of Claimants in disputes which arise out of the defective installation of Cavity Wall Insulation.

Insurance & Reinsurance

Katherine accepts instructions in insurance and reinsurance matters. During pupillage she assisted her supervisors advising on a number of different coverage disputes and the construction of reinsurance contracts. She has also researched and advised on the issue of liability of Lloyd’s Names as they change over time.

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


  • PNBA
  • PIBA
  • HSLA

 


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