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Katherine Apps KC
Year of call: 2006
Silk: 2023
“She is a very strategic thinker, has exceptional in depth knowledge of her field with a very good client manner.” The Legal 500 2022
Qualified in England and Wales and Republic of Ireland, Katherine’s practice spans public and human rights law, disciplinary/ regulatory, EU, employment and commercial law. She has particular expertise in appellate advocacy and in domestic and international equality law. Katherine’s cases are often at the cutting edge of the intersection between public and private law.
Katherine is described in directories as “the right person to go to with a difficult and novel point of law” (The Legal 500); “outstanding, confident, direct and eminently approachable” (The Legal 500) who “can think through cutting-edge issues of law in an impressive way” (The Legal 500); “very much in control of a complex brief” (Chambers and Partners) with “expertise that is so wide-ranging” (Chambers and Partners); ”Professional, cooperative, experienced, and personally very kind” (Chambers and Partners).
Katherine works for a wide range of clients: from government departments, HMRC and local authorities to trade unions; individuals to multinational companies, insolvency professionals and receivers. She is a graduate of Harvard Law School’s LL.M programme and former stagière at the Court of Justice of the European Union.
Katherine was shortlisted for Public Law Junior of the Year at The Legal 500 UK Bar Awards 2019 and 2022.
Areas of expertise
Administrative and Public
"She provides really good tactical advice." "She has a really strong reputation in the public law field." The Legal 500 2023 (Administrative and Public)
An incredibly bright public lawyer who is very good with clients.” A “pleasure to deal with” who “gives solid advice”. Chambers and Partners
“She is very good on the bigger picture of public law issues. She has a good feel for the politics.” Chambers and Partners
Katherine is highly experienced in all aspects of bringing and defending judicial review claims and other public law proceedings across statutory tribunals. Katherine has also acted in EU judicial review actions for annulment in the Court of Justice of the European Union (CJEU).
Katherine has particular expertise in the edges of administrative and public law and where there is overlap with other areas, e.g. contractual disputes and procurement, insolvency, regulatory proceedings, pensions, employment, discrimination, trade unions, works’ councils, EU, tax law, electricity and utilities regulation, television and other broadcast media, immigration, healthcare and international treaty bodies.
Katherine is on the Attorney General’s A panel of counsel and the Equality and Human Rights Commission’s (EHRC’s) B Panel.
Cases of note:
- R (Welsh Ministers) v Secretary of State for Work and Pensions: Counsel General for Wales v Gareth Allen and others [2022] EWHC 647 (Ch - Acted for the Secretary of State for Business, Energy and industrial Strategy in relation to a claim made by the Welsh government relating to the insolvency of the former Baglan Bay power station.
Judgment - C 928/19 P and T-310/18 European Federation of Public Service Unions (EPSU) v European Commission - Action for annulment brought by a European public service union against the European Commission for refusing to propose a framework agreement on information and consultation of public service workers to the council for a decision. The challenge was the first under the Treaty of Lisbon concerning the status of the Chapter on Social Partners and institutional balance of the legislative procedures. The General Court confirmed the amenability to challenge of a decision to refuse to propose to the council and CJEU confirmed the special status of social partners agreements as capable of creating legal rights and obligations once adopted into a directive.
Judgment - R(Coll) v Secretary of State for Justice [2017] UKSC 40 - Supreme Court challenge concerning single sex provision of services and the definition of direct discrimination.
Judgment - (R Connor) v Secretary of State for Work and Pensions - Judicial review claim following SG and CJ v Secretary of State for Work and Pensions [2017] UKUT 324 (AAC) concerning the interlocking provisions for mandatory reconsideration and Employment and Support Allowance.
Judgment - R (Aspinall, Pepper and Bracking) v Secretary of State for Work and Pensions [2014] EWHC 4134 (Admin) - Second round of the Bracking litigation. Successfully argued that the Department for Work and Pensions did not breach the public sector equality duty when remaking the decision to close the Independent Living Fund and did not breach common law consultation duties.
Judgment - HSBC Electronic Data Processing (Guangdong) Ltd and Others v The Commissioners for HM Revenue and Customs [2022] UKUT 00041 (TCC) - Upper Tribunal (Tax) case on relevance of consultation with the EU VAT Committee in the context of VAT grouping by HSBC as part of its offshoring of various functions.
Link - R (Muhammad) v Secretary of State for Work and Pensions [2017] EWHC 745 (Admin) - Acted successfully for the claimant in challenging the lawfulness of his immigration detention. Established that, at the time of the challenge, the UK had been unable to effect removals to Pakistan of those who did not hold a Pakistani ID card or passport.
Judgment
-- Business and Human Rights
Katherine frequently acts in cases where the human rights of businesses are at issue or where the courts are determining the extent to which human rights law influences legislative schemes in the context of:
- Public procurement
- Taxation
- Insolvency law
- Employment law
- Pensions
- The law of collective bargaining and labour relations
- Debt recovery
- Sanctions
- Public utilities
- Television and broadcast media
Katherine brings her knowledge of associated areas of private law and her expertise in human rights disputes under the Human Rights Act 1998, EU law, international treaties (including the Trade and Cooperation Agreement) and under the common law.
Cases of note:
- R (Welsh Ministers) v Secretary of State for Work and Pensions: Counsel General for Wales v Gareth Allen and others [2022] EWHC 647 (Ch - Acted for the Secretary of State for Business, Energy and industrial Strategy in relation to a claim made by the Welsh government relating to the insolvency of the former Baglan Bay power station.
Judgment - Aresbank v Iceland (ECtHR) settled - Acted for an Icelandic bank challenging legislation made in the context of the Icelandic banking collapse in the context of Money Market Deposits based on Article 1 Protocol 1 ECHR.
- Ince Gordon Dadds LLP v Tunstall UKEAT/0141/19/JOJ - Acted for a law firm in the context of employment claims brought against a firm in administration and various individuals and the transferee. The case considers the impact on legal professional privilege of the continuation of proceedings against the individuals and transferee during the stay of proceedings against the firm in administration.
Judgment
-- Consultation
Katherine is highly experienced at bringing and defending challenges to consultation processes or failures to consult across:
- Judicial review and domestic public law
- Procurement
- EU consultation principles
- Collective redundancy consultation; and
- European Works Councils
Katherine also advises on consultation processes and other forms of stakeholder engagement. Katherine has a keen interest in governance processes across the public and private sector. Katherine also has experience advising schools and charities and a non statutory review.
Cases of note:
- C 928/19 P and T-310/18 European Federation of Public Service Unions (EPSU) v European Commission - Action for annulment brought by a European public service union against the European Commission for refusing to propose a framework agreement on information and consultation of public service workers to the council for a decision. The challenge was the first under the Treaty of Lisbon concerning the status of the Chapter on Social Partners and institutional balance of the legislative procedures. The General Court confirmed the amenability to challenge of a decision to refuse to propose to the council and CJEU confirmed the special status of social partners agreements as capable of creating legal rights and obligations once adopted into a directive.
Judgment - R (Aspinall, Pepper and Bracking) v Secretary of State for Work and Pensions [2014] EWHC 4134 (Admin) - Second round of the Bracking litigation. Successfully argued that the Department for Work and Pensions did not breach the public sector equality duty when remaking the decision to close the Independent Living Fund and did not breach common law consultation duties.
Judgment - R (Timson) v Secretary of State for Work and Pensions [2022] EWHC 2392 - challenge to the fairness of the process for making third party deductions from benefits for fuel and water charges.
Judgment
-- Education
"She is excellent - very, very responsive, thorough and sensible." The Legal 500 2023 (Education)
Katherine acts for schools, universities, students, multi academy chains and government entities in the Education sector across
- Regulatory issues
- Equalities
- Curriculum
- School funding and financial governance
- Barring from involvement in the management of independent schools
- Investigations
- Inspections
- Special educational needs and disability discrimination
- Data protection
- Safeguarding
- Religious schools, church involvement, religious freedoms and conflicts of rights.
Katherine has recently acted for the Department for Education in the First Tier Tribunal in relation to section 128 orders (barring a person from management of an independent school).
-- Equalities
“She really is an expert on equality and discrimination and is incredibly hard-working.” Chambers and Partners 2020
Katherine’s equalities practice spans equalities issues across the following:
- Issues of statutory interpretation and compatibility with retained EU law, relevant separation agreement law and international standards
- EU equality law principles
- Employment
- Pensions
- Services
- Public functions
- Disability access
- Lawful positive action
- Sports
- Single or separate sex services and premises
- Religious discrimination
- Intersection with freedom of speech
- Procurement and contractual enforcement of equalities duties
- Public sector equality duty
Katherine has acted for a wide range of clients from individuals to employers, sports stadia, public authorities, service providers, the Equality and Human Rights commission, production companies, law firms, schools, universities, local authorities and in the healthcare and retail sectors.
Katherine has particular expertise in managing class action equalities litigation.
Cases of note:
- R (Coll) v Secretary of State for Justice [2017] UKSC 40 - challenge to the distribution of women only bail hostels around the UK on Equality Act 2010 grounds.
Judgment - Ince Gordon Dadds LLP v Tunstall UKEAT/0141/19/JOJ - Acted for a law firm in the context of employment claims brought against a firm in administration and various individuals and the transferee. The case considers the impact on legal professional privilege of the continuation of proceedings against the individuals and transferee during the stay of proceedings against the firm in administration.
Judgment - Graysons Restaurants v Jones [2019] EWCA Civ 725 - Leading Court of Appeal case on whether equal pay claims could be claims for arrears of pay under Part XII of Employment Rights Act 1996 and how it interrelates with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
Judgment - McCloud v the Lord Chancellor and Sargeant v the Lord Chancellor [2018] EWCA Civ 2844 - Acted for the Ministry of Justice and Lord Chancellor in long-running class action discrimination and equal pay claims challenging the 2015 public service pension reforms. Acted at the Employment Tribunal (ET), Employment Appeal Tribunal (EAT) and Court of Appeal.
Judgment - R (AB) v CD and others [2021] EWHC 741 Fam - Acted for Cafcass in case concerning lawfulness of approach to prescribing puberty blockers.
Judgment
Link - Billy Graham Evangelistic Association v A sports stadium - Acted for a sports stadium challenged by the Billy Graham Evangelistic Association following the cancellation of an event in 2020, planned prior to Covid-19. The challenge raised novel issues of statutory and European Convention on Human Rights (ECHR) discrimination law, application of the Human Rights Act 1998, whether a sports stadium could be a public authority and the law of specific performance.
- R (MM) v DWP [2013] EWCA Civ 1565 - Systemic challenge to the process for assessing Employment and Support Allowance. The claimants alleged that the DWP processes failed to make reasonable adjustments for people with mental health disabilities because a GP’s report was not automatically requested. The Court of Appeal partially upheld the DWP’s appeal and the Upper Tribunal on remission found that the adjustment claimed was not a reasonable adjustment and there had been no failure to make reasonable adjustments in DWP’s processes.
Judgment - Saad v University Hospital Southampton NHS Trust [2014] UKEAT 0184 - Acted for a special registrar in cardiothoracic surgery in his EAT appeal as to whether he was a disabled person or not. The EAT considered the potential impact on the United Nations Convention on the Rights of Persons with Disabilities (UNCRDP).
Judgment
-- EU Law
Katherine is qualified and called to the Bar both in England and Wales and the Republic of Ireland (within the EU). Katherine has extensive experience of acting in cases involving EU law and appearing in the CJEU.
Katherine also regularly acts in cases post-Brexit which deal with questions of interpretation of the European Union (Withdrawal) Act 2018 and the European Union (Future Relationship) Act 2020. Katherine frequently advises on and acts in cases concerning retained EU law, relevant separation agreement law, relevance of free trade agreements and other international treaties, general principles of EU law and intersection with the Human Rights Act 1998.
Her areas of expertise span:
- EU treaty competences
- Free movement
- Fundamental rights
- Company law and cross border mergers
- Social security
- Employment protections
- Equalities
- State aid and competition
- Procurement
- Trade unions
- Cross border insolvency
- External relations
Cases of note:
- C 928/19 P and T-310/18 European Federation of Public Service Unions (EPSU) v European Commission - Action for annulment brought by a European public service union against the European Commission for refusing to propose a framework agreement on information and consultation of public service workers to the council for a decision. The challenge was the first under the Treaty of Lisbon concerning the status of the Chapter on Social Partners and institutional balance of the legislative procedures. The General Court confirmed the amenability to challenge of a decision to refuse to propose to the council and CJEU confirmed the special status of social partners agreements as capable of creating legal rights and obligations once adopted into a directive.
Judgment - HSBC Electronic Data Processing (Guangdong) Ltd and Others v The Commissioners for HM Revenue and Customs [2022] UKUT 00041 (TCC) - Upper Tribunal (Tax) case on relevance of consultation with the EU VAT Committee in the context of VAT grouping by HSBC as part of its offshoring of various functions.
Link - Graysons Restaurants v Jones [2019] EWCA Civ 725 - Leading Court of Appeal case on whether equal pay claims could be claims for arrears of pay under Part XII of Employment Rights Act 1996 and how it interrelates with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
Judgment - Easynet Global Services Ltd [2018] EWCA Civ 10 - Katherine acted for the Secretary of State for Business Energy and Industrial Strategy in the first Court of Appeal case on cross border mergers.
Judgment - C-618/16 Rafal Prefeta v SSWP - Katherine Apps acted for the Secretary of State for Work and Pensions in this case concerning the interpretation of the Polish Accession Treaty to the EU
Judgment - C-322/17 Bogatu - Katherine Apps acted for the UK in this Irish reference concerning coordination of social security rights across the EU.
Judgment - C-423/15 Kratzer v R +V Allegmeine Versicherung AG - Katherine Apps acted for the UK in a reference from a German Labour Court to the CJEU concerning issues of equality law and the doctrine of abuse of right.
Judgment - Govia Thameslink Railway Ltd v ASLEF [2016] EWCA Civ 130 - Katherine Apps acted for ASLEF in the leading case on the scope of Trade Union liability under EU free movement law following the CJEU judgments of Viking and Laval.
-- Healthcare
Katherine’s healthcare practice spans both NHS and Private practice, social care and health procurement.
Examples of the work carried out include:
- Healthcare procurement
- Section 117 aftercare
- Serious Medical Treatment
- Regulation of medical professionals and fitness to practice
- Regulation of medical qualifications and mutual recognition
- Competition law issues
- NHS Act 2006 processes
- Grant funding
- Biotech and medical developments
- Pharmaceuticals
- Injunctive relief in the context of medical professionals and employees
Cases of note:
- W (brought by her litigation friend B) v M [2011] EWHC 2443 - Acting for the Official Solicitor for a person in the Minimally Conscious State (against Victoria Butler Cole QC an Vikram Sachdeva QC)
Link - R (AB) v CD and others [2021] EWHC 741 Fam - Acted for Cafcass in case concerning lawfulness of approach to prescribing puberty blockers.
Judgment
Link - Saad v University Hospital Southampton NHS Trust [2014] UKEAT 0184 - Acted for a special registrar in cardiothoracic surgery in his EAT appeal as to whether he was a disabled person or not. The EAT considered the potential impact on the United Nations Convention on the Rights of Persons with Disabilities (UNCRDP).
Judgment
-- Civil Liberties and Human Rights
“Excellent public lawyer who has the trust of government in sensitive and complex cases.” The Legal 500 2019
“She can think through cutting-edge issues of law in an impressive way.” The Legal 500 2020
Katherine is a highly experienced civil liberties and human rights lawyer, both at bringing and defending claims. Katherine is experienced at pleading civil liberties and human rights grounds in judicial review and in other proceedings, for example in the Employment Tribunal and other statutory Tribunals, in regulatory contexts and in ecclesiastical proceedings.
Katherine’s human rights cases cover the following areas
- Article 2: right to life: in context of medical care, immigration and environmental risks to life
- Article 3: prohibition of torture: from immigration to forced labour and healthcare.
- Article 4: prohibition of slavery and forced labour: employment and human trafficking
- Article 5: right to liberty and security: in healthcare, immigration, bail and prison contexts.
- Article 6: right to a fair trial: across court and tribunal processes, internal reviews, “curing” earlier breaches and special measures.
- Article 8: right to respect for private and family life: in the context of immigration, employment, professions, housing, education and environmental risks.
- Article 9: freedom of thought conscience and religion: in the context of education, employment, public services, court buildings, clothing and publications.
- Article 10: freedom of expression: especially in the context of education, employment, protest, publication and broadcast media.
- Article 11: freedom of assembly and association: including protects, pickets and trade union rights an industrial action.
- Article 12: right to marry: restrictions on Nikah and concept of “non marriage”
- Article 14: prohibition on discrimination: in the context of administrative decision making, social security, employment, immigration, healthcare and pensions.
- Article 1 Protocol 1: protection of property: across debt collection, deductions from benefits, pensions, employment termination payments, protection from environmental risks, banks and insolvency.
- Article 2 Protocol 2: education.
Cases of note:
- R (Welsh Ministers) v Secretary of State for Work and Pensions: Counsel General for Wales v Gareth Allen and others [2022] EWHC 647 (Ch - Acted for the Secretary of State for Business, Energy and industrial Strategy in relation to a claim made by the Welsh government relating to the insolvency of the former Baglan Bay power station.
Judgment - Aresbank v Iceland (ECtHR) settled - Acted for an Icelandic bank challenging legislation made in the context of the Icelandic banking collapse in the context of Money Market Deposits based on Article 1 Protocol 1 ECHR.
- R (AB) v CD and others [2021] EWHC 741 Fam - Acted for Cafcass in case concerning lawfulness of approach to prescribing puberty blockers.
Judgment
Link - R(GM Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 - Approach to Article 8 ECHR where children and husband had been granted leave but the wife had not and all had long residence.
Judgment - R (Muhammad) v Secretary of State for Work and Pensions [2017] EWHC 745 (Admin) - Acted successfully for the claimant in challenging the lawfulness of his immigration detention. Established that, at the time of the challenge, the UK had been unable to effect removals to Pakistan of those who did not hold a Pakistani ID card or passport.
Judgment - AR v Secretary of State for Work and Pensions [2020] UKUT 165 (AAC) - Upper Tribunal Three Judge Panel. Considering whether Article 8 and/or Article 14 ECHR required DWP to grant bereavement benefits to a surviving partner of an Islamic Nikah where there had been no civil marriage. Held: it was not possible to read “spouse” as including a person who had undergone a marriage which was not recognised as valid in English law and which was a non marriage.
Judgment - Govia Thameslink Railway Ltd v ASLEF [2016] EWCA Civ 130 - Katherine Apps acted for ASLEF in the leading case on the scope of Trade Union liability under EU free movement law following the CJEU judgments of Viking and Laval.
Judgment
-- Employment
"She is a very impressive barrister, she is very much in control of a complex brief and I am very impressed with how she marshals all the details." The Legal 500 2023
"I am very impressed by her incredibly deft and forensic cross-examination skills. She is also thoroughly prepared and she knows her case inside out." The Legal 500 2023
Katherine regularly appears in a wide range of employment cases in Tribunals, the EAT and has appeared (both led and unled) in the Court of Appeal and General Court and Court of Justice of the EU. She frequently advises employers, employees, trade unions and interest groups on both statutory and common law employment law issues including
- Statutory employment claims
- Common law/ High Court employment claim
- Trade Union law
- Pensions regulation
- The Pension Protection Fund
- Insolvency and Employment
- Cross border Employment disputes
- Human rights or public law employment claims
- Whistleblowing
- Safeguarding, systemic issues and governance
- Disciplinary and regulatory issues
- Immigration employment issues including the compliant environment
- Class action employment claims
- Lawfully improving diversity
Katherine has several published articles and has contributed to a number of leading text books in this field including a chapter on employer insolvency in Gore Brown on EU Company law (2015 and ongoing, Lexisnexis) The Equality Act 2010 (2010 the Law Society). She is a co-author of Bowers, Duggan Reade and Apps on Trade Union Recognition and Industrial Relations (2020) OUP.
In 2021 Katherine Apps was reported by the Lawyer as having between 2016-2021 more case days in the Employment Appeal Tribunal than any other female junior barrister.
Katherine is a member of the Equality and Human Rights Panel of Counsel. Attorney General’s A panel and ELAAS.
Cases of note:
- Graysons Restaurants v Jones [2019] EWCA Civ 725 - Leading Court of Appeal case on whether equal pay claims could be claims for arrears of pay under Part XII of Employment Rights Act 1996 and how it interrelates with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
Judgment - McCloud v the Lord Chancellor and Sargeant v the Lord Chancellor [2018] EWCA Civ 2844 - Acted for the Ministry of Justice and Lord Chancellor in long-running class action discrimination and equal pay claims challenging the 2015 public service pension reforms. Acted at the Employment Tribunal (ET), Employment Appeal Tribunal (EAT) and Court of Appeal.
Judgment - Ince Gordon Dadds LLP v Tunstall UKEAT/0141/19/JOJ - Acted for a law firm in the context of employment claims brought against a firm in administration and various individuals and the transferee. The case considers the impact on legal professional privilege of the continuation of proceedings against the individuals and transferee during the stay of proceedings against the firm in administration.
Judgment - Govia Thameslink Railway Ltd v ASLEF [2016] EWCA Civ 130 - Katherine Apps acted for ASLEF in the leading case on the scope of Trade Union liability under EU free movement law following the CJEU judgments of Viking and Laval.
Judgment - C 928/19 P and T-310/18 European Federation of Public Service Unions (EPSU) v European Commission - Action for annulment brought by a European public service union against the European Commission for refusing to propose a framework agreement on information and consultation of public service workers to the council for a decision. The challenge was the first under the Treaty of Lisbon concerning the status of the Chapter on Social Partners and institutional balance of the legislative procedures. The General Court confirmed the amenability to challenge of a decision to refuse to propose to the council and CJEU confirmed the special status of social partners agreements as capable of creating legal rights and obligations once adopted into a directive.
Judgment - Strickland v Kier UKEAT /0062/15/DM - Acted for an employee posted to Saudi Arabia in an appeal to the Employment Appeal Tribunal.
Judgment - Petter v EMC [2015] EWHC 1498 - Acted as junior counsel in cross border High Court employment claim concerning the interpretation of the Recast Regulation.
Judgment - Wentworth Wood v Maritime Transport Ltd (No 1) UKEAT/0316/15/ - Sole counsel for the employees in appeal in a class action holiday pay claim.
Judgment - Wentworth Wood v Maritime Transport Ltd (No 2) [2018] UKEAT 0184_17_1701 - Successful EAT appeal of a costs and wasted costs judgment in the context of class action holiday pay litigation.
Judgment - Panayiotou v Chief Constable of Hampshire Police [2014] UKEAT 0436/13/1604 - EAT Case establishing when detriment could be “separable” from whistleblowing and victimisation.
Judgment
-- Immigration and Business immigration
Katherine acts both for individuals, businesses and the Secretary of State for the Home Department in immigration cases, specialising in judicial reviews and appeals to the Court of Appeal and intersection between immigration law and other areas, such as employment, EU law, social security and regulatory law.
Cases of note:
- R(GM Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 - Approach to Article 8 ECHR where children and husband had been granted leave but the wife had not and all had long residence.
Judgment - C-618/16 Rafal Prefeta v SSWP - Katherine Apps acted for the Secretary of State for Work and Pensions in this case concerning the interpretation of the Polish Accession Treaty to the EU
Judgment - R (Muhammad) v Secretary of State for Work and Pensions [2017] EWHC 745 (Admin) - Acted successfully for the claimant in challenging the lawfulness of his immigration detention. Established that, at the time of the challenge, the UK had been unable to effect removals to Pakistan of those who did not hold a Pakistani ID card or passport.
Judgment
-- Inquiries
Katherine has experience conducting investigations and assisting non statutory reviews particularly including:
- Terms of reference disputes and clarifications
- Procedural duties and fairness
- Maxwellisation
- Data protection and information retention
- Equality and discrimination
- Human rights compliance
- Cross governmental working
- E-disclosure platforms
- Amenability to challenge
- Evidence to Select Committees
-- Local Government
Katherine has experience both acting for and against local authorities and for companies or charities with local authority funding.
Her expertise covers
- Procurement
- Education
- Safeguarding
- Social care
- Ordinary residence
- Social security
- Data protection and information management
Cases of note:
- R(G) v X School and Y City Council [2011] UKSC 30 - Applicability of Article 6 ECHR to grant maintained school disciplinary process and referrals to the DBS
Judgment - R(on the application of the litigation friend to Bethany) v NHS England and others - challenge to the detention and conditions in which a girl with autism was detained for almost two years, much of which was in a room without a window.
Link
-- Parliamentary and Public Affairs
Katherine has experience of advising on Parliamentary and Public Affairs issues including advising non statutory reviews and select committee appearances.
Katherine has experience in litigation of applying exclude material or grounds on the basis of Article 9 of the Bill of Rights 1689 and Parliamentary Privilege.
-- Procurement
Katherine is experienced at both bringing and defending procurement challenges. As a former stagiere at the CJEU and a seasoned EU law practitioner, Katherine brings a particular expertise in EU and post Brexit arguments, equalities issues, domestic public law challenges and TUPE.
Katherine believes passionately that many cases are capable of settlement in this field. Katherine has experience at mediation, Part 36 offers and settlement negotiations (details of cases confidential).
Katherine has been involved in a number of cases concerning procurement during Covid-19 including Ai Diagnostics v UK Biocentre and others.
-- Public International Law
Katherine has experience of international tribunals and Treaty monitoring mechanisms and the justiciability requirements for relying on treaties and other principles of public international law in domestic courts.
Due to the nature of this work, the matters are usually covered by confidentiality requirements of the Treaty processes.
Domestic cases raising issues of public international law were
- C-618/16 Rafal Prefeta v SSWP - Katherine Apps acted for the Secretary of State for Work and Pensions in this case concerning the interpretation of the Polish Accession Treaty to the EU
Judgment - AR
- R (Aspinall, Pepper and Bracking) v Secretary of State for Work and Pensions [2014] EWHC 4134 (Admin) - Second round of the Bracking litigation. Successfully argued that the Department for Work and Pensions did not breach the public sector equality duty when remaking the decision to close the Independent Living Fund and did not breach common law consultation duties.
Judgment - Saad v University Hospital Southampton NHS Trust [2014] UKEAT 0184 - Acted for a special registrar in cardiothoracic surgery in his EAT appeal as to whether he was a disabled person or not. The EAT considered the potential impact on the United Nations Convention on the Rights of Persons with Disabilities (UNCRDP).
- R(on the application of the litigation friend to Bethany) v NHS England and others
Link
-- Regulation
Katherine has a wide range of experience of regulatory disputes and disputes arising in heavily regulated industries. Areas covered include:
- Electricity regulation
- Water Regulation
- Ofcom’s powers and television regulation
- Financial regulation and the FSA
- Pensions, the Pension Protection Fund and the Pension Regulator’s powers
- Professional regulators
- Equalities regulation and powers of the Equality and Human Rights Commission
- School and Academy regulation
- Universities regulation
- Legal aid regulation
Cases of note:
- R (Welsh Ministers) v Secretary of State for Work and Pensions: Counsel General for Wales v Gareth Allen and others [2022] EWHC 647 (Ch - Acted for the Secretary of State for Business, Energy and industrial Strategy in relation to a claim made by the Welsh government relating to the insolvency of the former Baglan Bay power station.
Judgment - R(G) v X School and Y City Council [2011] UKSC 30 - Applicability of Article 6 ECHR to grant maintained school disciplinary process and referrals to the DBS
Judgment - R(Timson) v Secretary of State for Work and Pensions [2022] EWHC 2392 - challenge to the fairness of the process for making third party deductions from benefits for fuel and water charges.
Judgment - Advising the EHRC on guidance on improving diversity in televised broadcast media
Link
-- Safeguarding
Katherine is highly experienced at advising and resolving safeguarding disputes across a number of contexts including: education, schools, universities, sport, healthcare, ecclesiastical and the disclosure and barring service.
Katherine sits as a panel chair for Sports’ Resolutions National Safeguarding Panel.
Katherine appeared in the leading Supreme Court on the application of Article 6 ECHR to internal safeguarding procedures: R(G) v X School (Judgment)
-- Tax
Katherine acts for HMRC and taxpayers across a wide range of disputes in Tax Tribunals, Employment Tribunal and in Judicial Review.
Particular areas of specialism are
- Tax judicial reviews
- EU and post Brexit law
- Statutory interpretation principles
- National Minimum Wage enforcement
- Pensions Regulation
Cases of note:
- HSBC Electronic Data Processing (Guangdong) Ltd and Others v The Commissioners for HM Revenue and Customs [2022] UKUT 00041 (TCC) - Upper Tribunal (Tax) case on relevance of consultation with the EU VAT Committee in the context of VAT grouping by HSBC as part of its offshoring of various functions.
Link - Adrian Kerrison v HMRC [2019] UKUT 8 (TCC) - Acted for HMRC in tax appeal concerning capital gains and income tax consequence of a “bed and breakfast” scheme.
Judgment - Isle of Wight Council and others v HMRC [2015] EWCA Civ 1303 - Whether local authority off street parking required VAT to be charged when charges were accountable to the general fund.
Judgment
Arbitrators
Katherine sits as an arbitrator for Sports Resolutions panels:
- National Safeguarding Panel
- National Anti-Doping Panel
- Commercial
- Discrimination
- General
Katherine is a member of the Premier League Judicial Panel.
Katherine is also available for appointment ad hoc to arbitral tribunals and has experience of sitting on disputes concerning:
- Breach of contract
- Penalty clauses
- Quantification of damages
- Senior office holders
- Discrimination
- Sexual misconduct and assault
- Misuse of social media
- Safeguarding risk
- International standards
Commercial
Katherine has particular expertise where commercial law overlaps with international law, EU law, public law the conflicts of laws or employment law.
Katherine carries out a variety of commercial work including advocacy, pleading and advice.
Her recent commercial work involves:
- Defending multiple commercial contract disputes against the Secretary of State for Health and Social care in the context of contracts entered into during the Covid-19 pandemic to purchase and develop diagnostic tests and services.
- Ai Diagnostics v UK Biocentre and Others (2020): Joined Part 7 and Judicial Review proceedings in the TCC concerning procurement of software for use in Covid-19 testing. (will need a new link)
- Easynet Global Services Ltd [2018] EWCA Civ 10: the first Court of Appeal case considering the Cross Border Mergers Regulations.
Judgment - Petter v EMC [2015] EWHC 1498: one of the first applications involving the Brussels Recast Regulation and availability of anti-suit relief since it came into force.
Judgment - Pleading a complex claim relating to a non-disclosure agreement entered into between two businesses as part of take over discussions.
- Mediation in complex commercial agents’ regulation dispute.
- Advising on potential causes of action from a complex Share Option Scheme.
- A case concerning issues of interpretation and misrepresentation in the context of an agreement for the sale of a valuable three-day eventing horse.
- A defence and counterclaim arising out of the collapse of a joint venture.
- Advising and pleading a contractual and debt claim involving complex contractual issues and interplay with Icelandic insolvency law.
- Advising and pleading for a multi-track trial in the Queen’s Bench Division concerning breach of contract, debt and declarations.
-- Commercial Contracts
Katherine has experience of litigating and settling commercial contractual disputes including:
- Supply of equipment during Covid-19.
- Development of new manufacturing processes for new scientific developments.
- Contracts for the hire of a large sports stadium.
- Employment contracts, incentives and post termination restrictions.
- Disputes arising following settlements by Tomlin Order.
- Contracts in the Sports world.
- Contract for the purchase of a racehorse born by embryo transfer.
-- Company and Insolvency
Katherine acted in the first Court of Appeal case on cross border mergers and has acted in multiple cases where insolvency law overlaps with other areas, for example employment or human rights, European Works councils and information and consultation. Katherine Apps has experience advising creditors and insolvency professionals and Insolvency Service.
Katherine has a particular interest in cross border legal issues in the context of mergers and insolvency.
Cases of note:
- R (Welsh Ministers) v Secretary of State for Work and Pensions: Counsel General for Wales v Gareth Allen and others [2022] EWHC 647 (Ch - Acted for the Secretary of State for Business, Energy and industrial Strategy in relation to a claim made by the Welsh government relating to the insolvency of the former Baglan Bay power station.
Judgment - Ince Gordon Dadds LLP v Tunstall UKEAT/0141/19/JOJ - Acted for a law firm in the context of employment claims brought against a firm in administration and various individuals and the transferee. The case considers the impact on legal professional privilege of the continuation of proceedings against the individuals and transferee during the stay of proceedings against the firm in administration.
Judgment - Graysons Restaurants v Jones [2019] EWCA Civ 725 - Leading Court of Appeal case on whether equal pay claims could be claims for arrears of pay under Part XII of Employment Rights Act 1996 and how it interrelates with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
Judgment - Easynet Global Services Ltd [2018] EWCA Civ 10: the first Court of Appeal case considering the Cross Border Mergers Regulations.
-- Competition
Katherine’s competition practice usually involves regulated industries, from television to pharmaceuticals and electricity, or the interaction with trade union law and restraint of trade
Energy and Natural Resources
Katherine has an agile understanding of the legislative schemes covering the supply of water and electricity in the UK. Katherine has acted in several cases including:
Cases of note:
- R(Timson) v Secretary of State for Work and Pensions [2022] EWHC 2392 - Judicial review challenge to the system for making deductions for fuel and water debts from benefits claimants.
Judgment - Counsel General for Wales v Gareth Allen and others [2022] EWHC 647 Secretary of State for Business Energy and Industrial Strategy - Acted for the Secretary of State for Business Energy and Industrial Strategy. The case concerned claims made by the Welsh Government, Dwr Cymru Welsh Water and a large tissue paper manufacturer against the Official Receiver seeking to require the continuation of electricity from a private wire network on the site of a mothballed power station, following the entry in to liquidation of the former operating companies. The case concerns the complex interrelationship between insolvency law, human rights, electricity, water and sewage regulation and flood risk and alleged environmental harm.
Information and Media
Katherine regularly advises clients on data protection, confidentiality and misuse of private information across each of the other areas in which she practises including;
- Employee surveillance and data protection.
- Data protection and document retention for investigations, reviews and inquiries.
- Data protection and safeguarding information.
- Publication of disciplinary findings.
- Public / private hearings and the open justice principle.
Inquiries and Investigations
Katherine has experience conducting investigations and assisting non statutory reviews particularly including:
- Terms of reference disputes and clarifications
- Procedural duties and fairness
- Maxwellisation
- Data protection and information retention
- Equality and discrimination
- Human rights compliance
- Cross governmental working
- E-disclosure platforms
- Amenability to challenge
- Evidence to Select Committees
Regulatory and Disciplinary
Regulatory
Katherine has a wide range of experience of regulatory disputes and disputes arising in heavily regulated industries. Areas covered include:
- Electricity regulation
- Water Regulation
- Ofcom’s powers and television regulation
- Financial regulation and the FSA
- Pensions, the Pension Protection Fund and the Pension Regulator’s powers
- Professional regulators
- Equalities regulation and powers of the Equality and Human Rights Commission
- School and Academy regulation
- Universities regulation
- Legal aid regulation
Cases of note:
- R (Welsh Ministers) v Secretary of State for Work and Pensions: Counsel General for Wales v Gareth Allen and others [2022] EWHC 647 (Ch - Acted for the Secretary of State for Business, Energy and industrial Strategy in relation to a claim made by the Welsh government relating to the insolvency of the former Baglan Bay power station.
Judgment - R(G) v X School and Y City Council [2011] UKSC 30 - Applicability of Article 6 ECHR to grant maintained school disciplinary process and referrals to the DBS
Judgment - R (Timson) v Secretary of State for Work and Pensions [2022] EWHC 2392 - challenge to the fairness of the process for making third party deductions from benefits for fuel and water charges.
Judgment - Advising the EHRC on guidance on improving diversity in televised broadcast media
Link
Disciplinary
Katherine acts both for individuals, employers and regulators in disciplinary matters.
Her recent cases have arisen in the following sectors:
- Church and ecclesiastical
- Sports
- Professional discipline
- Employment
- Safeguarding
- Financial Services
- Pensions
Sport
"A real strength and knowledge in intricate sporting disputes, in particular safeguarding." The Legal 500 2023 (Sports)
“Katherine is one of the smartest barristers at the junior Bar. She has the brain the size of a planet. Unsurprisingly, she is fought over by silks who want her as their junior.” The Legal 500 2022 (Sports)
Katherine’s sports practice combines sitting as an arbitrator and independent investigator with acting as counsel in sports disputes.
For her sports arbitration work see [ hyperlink arbitrators]
Katherine has practical experience of working in the context of the following sports:
- Athletics
- Football
- Cricket
- Rugby
- Rowing
- Table Tennis
- Tennis and disability tennis
- Ice Hockey
Katherine has a particular niche in sports safeguarding work and sits on the Sports Resolutions National Safeguarding Panel.
Recommendations
- " A real strength and knowledge in intricate sporting disputes, in particular safeguarding." The Legal 500 2023
- "Very knowledgeable. Very wide practice encompassing employment, pensions, EU, public and associated areas." The Legal 500 2023
- "Excellent attention to detail, clear and concise advocacy, and able to maintain an overview of the most factually complex cases, never letting the detail obscure the big picture. A very engaging style that makes her very popular with judges and tribunal members." The Legal 500 2023
- "Incredibly bright with an exceptional breadth of legal knowledge." The Legal 500 2023
- "She is excellent - very, very responsive, thorough and sensible." The Legal 500 2023
- "She provides really good tactical advice." "She has a really strong reputation in the public law field." Chambers and Partners 2022
- “A real eye for detail, calm under pressure, and able to identify a practical solution to technical problems.” The Legal 500 2021
- “She is a very strategic thinker, has exceptional in depth knowledge of her field with a very good client manner." The Legal 500 2022
- “She’s very bright. A QC in all but name” The Legal 500 2022
- “One of the smartest barristers at the junior Bar” The Legal 500 2022
- “Incredibly deft and forensic cross-examination skills” Chambers and Partners 2022
- “Very much in control of a complex brief” Chambers and Partners 2022
- “She is able to address and think through cutting edge and novel issues of law in a very clear and impressive way, and fully understands her clients’ needs and requirements.” The Legal 500 2021
- “Katherine is very intelligent and extremely committed to the interests of her lay and professional clients.” The Legal 500 2021
- "A barrister of extremely high intellect matched with common sense.” Who’s Who Legal 2021
- “Extremely intelligent, shrewd and thoughtful.” Chambers and Partners 2020
- “She really is an expert on equality and discrimination and is incredibly hard-working.” Chambers and Partners 2020
- “She is confident and straightforward in her advocacy and has a clear written style.” Chambers and Partners 2020
- “Extremely intelligent, shrewd, thoughtful and very hard-working.” Chambers and Partners 2020
- “She can think through cutting-edge issues of law in an impressive way.” Legal 500 2020
- “Simply brilliant; one of the best juniors around.” The Legal 500 2020
- “Extremely clever and the right person to go to with a difficult and novel point of law.” The Legal 500 2020