Kate is a Partner and Head of the Real Estate Litigation Team.
Kate is a property litigator who adopts an advisory and dispute resolution role, as well as a litigious one, on a wide variety of high profile real estate disputes.
Kate deals with various breaches of leasehold covenants, including dilapidations, service charges, applications for consent to assign/underlet/alter, rent reviews and other landlord and tenant issues. She also deals with contractual and development disputes, including specific performance claims, injunctions, rights to light, restrictive covenant issues, joint venture disputes and particularly enjoys advising on the redevelopment of business premises. In her time, Kate has also dealt with some boundary disputes, and is now dealing with a number of cases regarding business rates and the complexities of the statutory exemptions and reliefs.
Kate acts on high profile real estate disputes for clients including high net worth individuals, property funds and developers. She is a keen advocate of alternative dispute resolution and has been able to settle a number of complex legal dispute at mediation or by without prejudice discussions.
Clients describe Kate as an extremely talented property litigator, who goes the extra mile for her clients, finding a resolution to every problem.
Kate attends 6 levels of Court and Tribunals on a regular basis each month as well as attending on average one mediation a month.
Kate is the Vice-President of the Property Litigation Association Education Committee. She is a member of the Steering Committee for Property Litigation for Lexis Nexis and the expert litigator for Lexis Nexis Q&A.
Kate has dealt with a number of landmark/complex cases that are worthy of mention:
- Defending a client in relation to 58 business rates mitigation schemes. (Trafford Borough Council –v- Lunar Stretford SARL) in the Trafford Magistrates Court
- Acted for a client to obtain a declaration as to the interpretation of an alienation covenant in the High Court and Court of Appeal. (Lunar Retail SARL v Warborough Investments Limited)
- Acted for a client to obtain specific performance of a sale and purchase agreement in the High Court. (Charlton Walsall v Mohstart)
- Acted for a client in the High Court and Court of Appeal (PGF II SA –v- OMFS Company 1 Limited) in relation to the unreasonable refusal to mediate by an opponent.
- Acted for a client in the High Court defending proceedings as to who owns part of the river Thames. (which involved the Court acknowledging ancient mooring rights in the River Thames) (Port of London Authority –v- Tower Bridge Yacht and Boat Company Limited)
- Instructed in the widely publicised case in the High Court seeking to ensure that a prestigious listed building at Cavell House Trafalgar Square was not taken over by the “Occupy London” movement on Christmas Eve. (Greencap Limited –v- persons unknown)
- Following an unsuccessful mediation, resolved proceedings that had been issued against her client in connection with the dispute of the beneficial ownership of properties and managed to discharge a freezing injunction that had been obtained in the Companies Court. (F Options –v- Prestwood Properties Limited)
- Successfully settled a dispute regarding the separation of property assets for an individual client. (Walpole –v- Benham)
- Defending proceedings for the return of a severance payment and rent deposit in the sum of £2.1million in the High Court of Justice regarding a prestigious building in Leicester Square. (Interguide Limited –v- EID Limited and Central London Investments Limited)
- Successfully settled proceedings issued by Signal Properties for circa £2million regarding an alleged failed break notice at the property in Bradbury. (Signal Properties Limited –v- Mountrose Limited)
- Instructed in connection with judicial review proceedings against Reigate and Banstead Borough Council, and at the same time defending injunctive proceedings that had been issued against the client by Reigate and Banstead Borough Council for the transfer of property to Reigate and Banstead Borough Council. (Prestwood Properties Limited v Reigate and Banstead Borough Council)
- Successfully settled proceedings issued against Westminster City Council for unpaid service charges in excess of £2million. (NCP v Westminster City Council)
- Acted for a client to successfully obtain an injunction to restrain a trespass and damages. (Abbey Commercial v Garnade)
- Obtained a third party pre-action disclosure order. (Webb v Seddons)
- Acted for a mooring owner in the Administrative Court in relation to obtaining relief against the Port of London Authority requiring it not to remove ancient moorings from the River Thames. (Charles Hay v Port of London Authority)
- Acting for shareholders in connection with obtaining an injunction in the Companies Court regarding the allotment of B shares. (Stallecker v Learning Enterprises)
- Acting for a landowner in connection with a section 84 application regarding the modification of a restrictive covenant in the Upper Tribunal and successfully settling the dispute. (Boris v PH Timbault)
Nabarro LLP 2001-2008. HBJ-GW 2008-2010. Browne Jacobson partner 2010-2013. Hamlins partner 2014.
Kate attended Brunel University and Nottingham Law School.
Kate is ranked in both of the leading legal directories Chambers and Partners and the Legal 500 for her real estate litigation expertise.
Kate is recommended in Chambers 2018 in which she is described as “a great property expert” by market sources.
Legal 500 2017
Kate’s ‘always responsive, commercial and knowledgeable’ team is highly praised in the Legal 500 2017. As a practice head she ‘works her socks off for clients and has strong commercial instincts’.
Clients praise Kate in Chambers and Partners 2017 for being “just marvellous!”, while in the 2016 edition she is described as “very efficient and very effective“.
In the Legal 500 2016 Kate is recommended for her expertise in property litigation and is described by her clients as a ‘key player’. The directory also notes “clients appreciate Hamlins LLP’s ‘really impressive’, comprehensive practice.”
National Car Parks says of Kate:
“Kate is superb…responsive, clever and gives well thought out commercial advice that always fits the situation”
Grainmarket Properties says: “Kate is outstanding and is someone that you want on your side”.
Englefield Estates says: “I always instruct Kate because I dread having her on the other side!”
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