Katie Sage

Katie 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 and the Environment Agency.

Her experience in the Grenfell Tower Inquiry which included advising on issues arising in relation to Phase 2, Module 3 concerning the fire safety management of the building makes her particularly able to assist with cases arising out of the Regulatory Reform (Fire Safety) Order 2005.

Her experience includes:

• Acting for a company accused of Corporate Manslaughter in relation to an incident in 2016 (led by Mark Balysz);
• Acting for a company in a prosecution arising out of the death of a custody officer that they employed (led by James Maxwell-Scott QC);
• Acting for a freeholder in what Chambers believes is the first prosecution of an organisation for failure to remove a cladding system under the Housing Act 2004;
• Acting for a company in a sentencing hearing after they pleaded guilty in a case arising out of a failure to properly guard moving parts of a machine;
• Advising a freeholder on the prospects of appealing a Fire and Rescue Service Enforcement Notice relating to a cladding system (led by Harry Vann);
• Acting for a director of a roofing company in a prosecution arising out of a non-fatal fall from height. The director pleaded guilty to breach of s.37 Health and Safety at Work etc. Act 1974 and was given a non-custodial sentence;
• Acting for a London based restaurant for the plea and sentencing hearing in a Local Planning Authority enforcement case;
• Acting for an individual in respect of a sentencing hearing arising out of a road traffic offence;
• Assisting Mike Atkins, during pupillage, 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 Sentencing Guidelines;
• Assisting James Ageros QC and Mike Atkins, during pupillage, 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 HSWA 1974.

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

Katie has been instructed as lead junior (led by James Maxwell-Scott QC) for the Royal Borough of Kensington and Chelsea (RBKC) in the Grenfell Tower Inquiry throughout Phase 1 and Phase 2. She has been closely involved in advising on strategy and approach, including advising on the impact of the Charter for Families Bereaved through Public Tragedy (also known as the Hillsborough Charter) and how that affects a Core Participant in such proceedings. Katie has advised on matters relating to Building Control and to the fire safety management of high-rise residential buildings, including the application of the Regulatory Reform (Fire Safety) Order 2005 in circumstances where a building is managed for the freeholder by a management organisation.

During the course of the Inquiry, she has advised on / assisted with drafting: written and oral opening and closing submissions; submissions relating to changes made after the incident; witness statements; and questions for witnesses. Katie has also advised on decisions relating to outward disclosure from RBKC to the Inquiry, including where legal professional privilege may apply to documents. Finally, she was involved in developing the strategy for and undertaking review of incoming disclosure from the Inquiry.

Katie has also represented companies and individuals in inquest proceedings. Her recent inquest experience includes:

• Representing an employer in relation to a jury inquest arising out of the death of one of the workers as a result of a fall from height;
• Representing a Registered Social Provider (RSP) in an inquest arising out of the death of one of their residents where the conclusion of “unlawful killing” was considered in respect of another interested person who was the RSP’s former employee;
• Advising on and making submissions in relation to whether an inquest should be an Article 2 inquest;
• Representing a company during the preparatory stages of an inquest relating to the death of their employee who had been crushed at a recycling plant;
• Representing a company during the preparatory stages of an inquest relating to the death of an individual who had been crushed during construction of a steel structure;
• Representing a company during the preparatory stages of an inquest relating to the death of their employee who had been crushed by a skip.

Katie 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 is very well placed to advise in product liability disputes that arise in relation to cladding system products or fire safety products, including cavity barriers and fire doors.

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.

Katie’s focus in terms of her construction and engineering practice is on cases arising out of potentially defective cladding systems or allegations of use of defective materials, particularly fire safety systems such as cavity barriers and fire doors.

Having been lead junior for the Royal Borough of Kensington and Chelsea in the Grenfell Tower Inquiry throughout Phase 2, she has experience considering and advising on issues relating to alleged negligence of architect’s, builders, cladding contractors and fire engineers. She also has a keen interest in the involvement of and potential liability of Local Authority Building Control departments and Approved Inspectors and is co-editor of Chapter 18 of Emden’s Construction Law on the Responsibilities of Local Authorities in relation to construction work.

Katie is keenly developing her professional negligence and professional discipline practice.

She is particularly well placed to consider professional negligence claims relating to organisations involved in construction projects which feature external cladding systems including architects, cladding contractors, main contractors, fire engineers and those involved in building regulations approval.

Katie has previously 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.

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

She has been instructed:

• To advise in a flooding claim involving potential breaches of duty by the Environment Agency;
• To draft pleadings in a flooding claim relating to negligent installation of a water accumulator tank;
• 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 raised Party Wall etc. Act 1996 issues;
• In a case relating to alleged damage to a hard standing caused by tree roots.

Katie is happy to undertake personal injury work that relates to her other areas of specialism, in particular, cases arising out of alleged defective products or to injury or death at work.