Katharine Scott

Year of call:
2000
Email:
katharine.scott@39essex.com

Clerks:
+44 (0)20 7832 1111

“Provides invaluable advice. She gets the point, doesn’t mess around, is succinct and clear, and very matter of fact.”
Chambers & Partners

Katharine Scott has spent the last fifteen years advising and representing clients in all things health related, from personal injury and clinical negligence, to community care, mental health, and disputes in the Court of Protection concerned with the health and welfare of incapacitated adults. She also practices in the area of healthcare regulation,and has recently undertaken an investigation on behalf of a hospital trust into whether their chief executive is a fit and proper person pursuant to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

In addition, she has a busy costs practice as well as experience of property and affairs matters in the Court of Protection.

Administrative & Public


“A bit of a force of nature: she’s very thorough, and her written work is very good. She’s a tough advocate and is very pleasant to work with.” Chambers & Partners

Katharine has extensive experience of public law in the field of mental health and community care. As well as appearing at First tier tribunals and the administrative court, she has also brought a defended claims in the County Courts concerned with charges under the community care legislation.

Katharine also has extensive experience in the Court of Protection under the Mental Capacity Act and under the Inherent Jurisdiction in cases involving adult heath, welfare, medical treatment and finances.  She is regularly instructed by public bodies, the official solicitor and family members.

Katherine has advised and represented a variety of claimants and defendants in human rights claims, including claims for breaches of articles 3, 5 and 8. She also acts in inquests involving deaths in hospital.

Katharine has advised and represented both claimants and defendants in disputes concerned with the payment of care home fees and was recently instructed by the claimant to bring a claim for restitution arising from section 117 of the Mental Health Act 1983 – Richards v Worcestershire County Council and another [2016] EWHC 1954 (Ch).

At present she is instructed in a number of cases including:

A case involving the exercise of the Court’s inherent jurisdiction with respect to a vulnerable young woman. Katharine is instructed by the Official Solicitor.

A number of cases in which ‘P’ strongly objects to being deprived of his/her liberty where there is no professional support for an alternative option.

A number of cases in which capacity is dispute.

A number of cases concerned with dispute over medical treatment. She was instructed in the Court of Appeal in the case of Re A child [2016] EWCA Civ 759 concerned with the withdrawal of life-sustaining treatment of a child.

She was instructed both at first instance and in the Court of Appeal in respect of the President’s decisions in the Re X cases.

Clinical Negligence


Katharine advises and represents both claimants and defendant is all types of clinical negligence disputes. She has a particular expertise in those cases that include a human rights claim, typically breaches of articles 2 and 3 of the European Convention on Human Rights.

In addition she represents properly interested persons at Inquests arising from deaths in hospital or as a result of medical treatment. She also practices in the related areas of personal injury and medical treatment cases in the Court of Protection

At present she is instructed in a number of cases including:

A number of claimants in claims for negligent treatment of the decline of their mental health which led to them carrying out serious assaults on either members of their family or the public.

A respondent trust in a claim for negligent assessment of the claimant’s mental health by a mental health nurse and psychiatrist and for a breach of the claimant’s article 2 rights arising from his subsequent suicide.

Reported cases include:
Devonport v Gateshead Health NHS Foundation Trust [2016] EWHC 1729 (QB)

EH (A Protected Party, by her Litigation Friend the Official Solicitor) v Dorset Healthcare University NHS Foundation Trust [2016] EWHC 3275 (QB)

Personal Injury


Insurance Work

Katharine has extensive experience in the field of personal injury, having represented both claimants and defendants in a wide range of cases, from trippers and slippers to industrial disease. Katharine was instructed in the Probo Koala toxic waste incident in the Cote d’Ivoire as well as the Accident Group Litigation (which settled in 2008) and  the Composite Legal Expenses Scheme litigation, a professional negligence claim brought against a number of solicitors running housing disrepair claims, industrial disease claims, and general personal injury claims.

She has a busy practice in personal injury claims with an international element and is one of the contributors to the Sweet and Maxwell publication ‘Accidents Abroad’.

Katharine also acts in inquests.

Costs & Litigation Funding


“Thorough, committed and someone with excellent judgement.” Chambers & Partners

Katharine advises and represents both Claimants and Defendants in a variety of costs issues before the courts and in arbitrations.

She has advised on the enforceability of CFAs and CCFAs, the recoverability of success fees and insurance premiums, and on solicitor and own client disputes. She has been instructed by the Legal Services Commission in cases involving a variety of issues and has represented applicant solicitors at all stages of their disputes with the LSC, including appeals to the Contract Review Body and in judicial Review proceedings.

She has extensive experience of the new costs management regime and has appeared at a number of costs management hearings for both claimants and defendants.

Regulatory & Disciplinary


Katharine has advised and represented the General Social Care Council, the General Chiropractic Council and the General Dental council on a number of cases. She has also appeared before the Nursing and Midwifery Council and both represents and advises both practitioners and public bodies in contractual disputes at all levels.

Inquests


Katharine represents a wide range of properly interested persons at Inquests. She has a particular expertise in deaths of psychiatric patients and deaths arising from medical treatment. She also practices in the related areas of clinical negligence, personal injury and medical treatment cases in the Court of Protection.

At present she is instructed in a number of cases including:

  • By the family in an inquest into the suicide of the deceased while an informal patient in a psychiatric hospital.
  • By the family in an inquest into a death caused a head injury (arising either from a fall or an assault) in circumstances where the deceased was being provided with a domiciliary care package by statutory agencies and a private care home and had extensive involvement with the police due to being the victim of a number of alleged assaults.

Health & Pharmaceuticals


Katharine’s advises both individuals and health bodies in a range of disputes ranging from contractual disputes (she has been involved at all levels of the dispute resolution process in cases concerning both dentists and doctors), regulatory proceedings (most recently before the NMC, but also the GDC and other regulators), judicial reviews, references to the Secretary of State for determinations pursuant to section 117 of the Mental Health Act, and welfare and medical treatment disputes before the Court of Protection and the High Court pursuant to the Inherent Jurisdiction.

In addition she has a busy clinical negligence and personal injury practice and has a particular interest in cases where there is both a common law negligence claim as well as one brought pursuant to human rights legislation. She also represents a variety of Properly Interested Persons at Inquests.

Travel


Katharine has a busy practice in travel claims acting for both claimants and defendants. She is one of the contributors to the Sweet and Maxwell publication ‘Accidents Abroad’.

Recommendations


Katharine is recommended for  Administrative and public law and Costs in the Legal 500.  She is also recommended in Legal Experts 2006-2008 for Costs.

Katherine is recommended by Chambers & Partners for Court of Protection: Health & Welfare and Costs Litigation

Quotes

“An aptitude for practical solutions and a very personable approach – ideal to have on your side”; Legal 500 2016
“She’s very robust, extremely tenacious in court and she connects well with the clients.” “She’s incredibly good on her feet, completely unflappable and able to deal with tricky judges.” Chambers & Partners 2016
“A professional and highly effective advocate.” Legal 500 2015
“Broad experience in disputes involving incapacitate adults.” Legal 500 2015
“Thorough, committed and someone with excellent judgement.” Chambers & Partners 2015
“She’s very intelligent and always has a practical solution for everything. She’s brilliant with clients.” Chambers & Partners 2015
“A bit of a force of nature: she’s very thorough, and her written work is very good. She’s a tough advocate and is very pleasant to work with.”Chambers & Partners 2015
“A professional and highly effective advocate, who is good at managing expectations.” Legal 500 2014
“Highly experienced”  2014
“She has a top-drawer client profile.” Chambers & Partners 2014
“She is excellent with lay clients, very down to earth and always goes above and beyond.” Chambers & Partners 2014
“Provides invaluable advice. She gets the point, doesn’t mess around, is succinct and clear, and very matter of fact.” Chambers & Partners 2014
“thoroughly conscientious” Legal 500 2011
a strong choice for cases involving Conditional Fee agreements, including advisory work” Legal 500 2008
excellent” Legal 500 2007

Related Cases


Court of Protection

Re X (deprivation of liberty) [2014] EWCOP 25 and [2014] EWCOP 37
A case in which the Re X procedure for those deprived of their liberty outside the statutory scheme was designed. Katharine also appeared in the Court of Appeal representing one of the two appellants (judgment awaited).

WCGG v IA [2014] EWCOP 990

A case in which the Court considered whether P had the capacity to make a range of decisions for himself.

C v A Local Authority, LMP, LM, A PCT and An organisation [2011] EWHC 1539 (Admin)

A case in which the Court considered the application of the Code of Practice to the Mental Health Act 1983 to the seclusion of incapacitated teenagers in schools.

PH v A Local Authority, Z Ltd and R [2011] EWCH 1704 (Fam)

A case in which the Court gave guidance on the principles to be applied when addressing the issue of capacity under the Mental Capacity Act.

LLBC v (1) TG (2) JG (3) KR (Fam Div) 14 November 2007 [2007] EWHC 2640 (Fam)

The task to be undertaken by the court at a without notice hearing involving vulnerable adults was to evaluate as best it could the degree of urgency, the risks of intervening by way of making an order and the risks of not intervening at that stage.

Public

SB v A Local Authority October 2012 Court of Appeal (2012) EWCA Civ 1269

On the findings of fact made by a first instance Judge in a case concerning the rape of a child with a learning disability by her father

R (on the application of W) v Croydon LBC [2011] EWHC 696 (Admin)

A case in which the court considered the lawfulness of a decision regarding the placement of the applicant was taken after a flawed consultation in circumstances where the local authority were entitled to terminate the applicant’s placement on the basis of cost.

Costs & Litigation Funding

Bamrah v Gempride SCCO 5.3.14

A case in which a penalty was imposed by the Costs Master as a result of the claimant’s misconduct. Now on appeal.

Sims v Hawkins (CA) 14 November 2007 [2007] EWCA Civ 1175

Application for a costs order against directors of the defendant company pursuant to section 51 of the Supreme Court Act.

Professional Negligence

AXA Insurance Limited v Various Firms of Solicitors (2010)

Professional negligence group litigation brought by insurers to the Composite Legal Expenses scheme (CLE), against various panel solicitors

Winterthur Swiss Insurance Co v AG (Manchester) Ltd & ors (‘The Accident Group Litigation’) (2007)

Professional negligence action on a grand scale, brought by insurers to The Accident Group (TAG), against TAG Panel Solicitors

Call +44 (0)20 7832 1111 for more information

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