Kate Parker

Year of Call:

2010

“Kate Parker provides a prompt and accurate response to instructions. She is always pleasant, yet professional, when dealing with clients”

Paul Hinton KTP Solicitors

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Areas of Expertise

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Overview

Kate accepts instructions in all areas of Chambers’ practice. She has developed a strong Personal Injury law practice and is regularly instructed for both Claimants and Defendants. Kate also has particular interest in Public and Regulatory work.

Prior to joining Civitas Law, Kate completed her pupillage working as a member of the defence team for the now president of Kenya, Uhuru Kenyatta, who was charged with crimes against humanity at the International Criminal Court.

Kate is qualified to accept instructions directly from members of the public.

Education

Richard Huish College, Taunton, Somerset
Cardiff University
Bar Vocational Course, Cardiff University (outstanding)

Appointments and Awards

2016 - Present, Personal Injury Bar Association, Executive Committee Member
2015 - Present, Head of Pupillage
OUP Award for Highest Grade in Civil Practice (2010)
Angel Chambers Award for Highest Grade in Criminal Practice (2010)
Inner Temple Outstanding Achievement (2010)
Blackstones’ Award, Kalisher Scholarship (2010)
Best Advocate, Welsh National Mooting Competition (2009)

Administrative and Public

Kate has broad experience in administrative and public law, including Judicial Review proceedings, representing local authorities and defendants in anti-social behaviour injunction cases and housing law claims.

Clinical Negligence

Kate is developing her Clinical Negligence practice and is willing to accept cases on a CFA where appropriate.

Company, Commercial and Insolvency

Kate has a broad commercial law practice including contract disputes, misrepresentation and sale of goods. She approaches cases with thorough preparation and a practical outlook from initial advice through to trial. Kate’s recent company law instructions include partnership disputes.

Kate has also dealt with a number of cases in relation to insolvency, debt recovery and mortgage enforcement.

Cases

(2015) – Interim Injunction application for the enforcement of restrictive covenant in an employment contract. Interim injunction granted and case settled thereafter.
Matthews v Pictons (2013) – three day multi-track trial, represented landlord where the defendant company had entered into liquidation. Granted a vesting order under Insolvency Act 1986 and able to take over the position of Defendant Successfully defended claim for wrongful/unlawful determination of tenancy and relief from forfeiture.

Construction, Planning and Environment

Kate accepts instructions in construction and planning law. She has given presentations for a number of local authorities in areas including: Compulsory Purchase Orders; Land Assembly; Sales at Undervalue and State Aid and Community Asset Transfers. She also contributes to Westlaw Insight and has written a number of relevant articles including: 'Health and Safety Executive v Wolverhampton City Council [2012] UKSC 24 – the final word on the relevance of financial considerations in the exercise of discretion under s.97 of the Town and Country Planning Act 1990,' RTPI Cynllunio Magazine, Winter 2012.

Kate has also recently been instructed in an environmental prosecution.

Employment

Kate has a strong employment law practice advising and acting for both Respondents and Claimants in cases concerning a range of issues including unfair and constructive dismissal as well as discrimination.

She has also been instructed to hear dismissal appeals and grievances.

Kate represents Respondents in both the Jersey and Guernsey Employment Tribunals.

Cases

Wagner v HCT (Jersey ET) (2014) Representing Respondent in unfair dismissal claim, dealing with Jersey Employment Law and procedure. After two day hearing all of the Claimant’s claims were dismissed.
Kitomari v Cardiff Met Students Union (2014) Representing the Respondent in a three-day racial discrimination trial including allegations of (i) Unfavourable treatment on the grounds of race before, during and after the disciplinary process; (ii) offensive and discriminatory comments by senior management and other members of staff. The Tribunal rejected all of the Claimant’s complaints.

Housing

Kate accepts instructions in all areas of Housing Law practice and has particular experience in dealing with Anti Social Behaviour Injunction cases and possession claims.

Immigration, Asylum and Nationality

Immigration

Kate regularly appears in both the First and Upper Tribunals in the Asylum and Immigration Tribunal. She also has experience in immigration Judicial Review proceedings. She acts in cases involving, asylum and humanitarian protection as well as deportation, the application of the immigration rules and EEA regulations.

Cases

Chang Liu v SSHD (2015) High Court application for Judicial Review. Permission granted for review of Home Office decision to revoke Claimant’s leave to remain as a Tier 4 student migrant, decision to detain and to remove the Claimant.

Inquests and Inquiries

Kate has experience in representing interested parties at coroner’s inquests.

Personal Injury

Kate has a busy Personal Injury practice dealing with both fast-track and multi-track cases. She represents both Claimants and Defendants in a range of work including Occupiers and Employers Liability, Road Traffic Accidents and claims by prisoners and against the police. She has recently been led in a five day Multi Track quantum trial and is currently advising on cases concerning historic sexual abuse.

Kate is also developing a practice in industrial disease cases including NIHL and HAVS.

Further, Kate regularly appears in Criminal Injuries Compensation Authority cases. She also appears in costs management hearings and detailed assessment hearings and has been involved in advising on and drafting points of dispute for a Court of Appeal case.

Cases

Manley v G4S [2016] EWHC 2355 (QB) Successfully resisted an appeal brought by the Defendant. The case concerned a Claimant who sustained injuries in custody as a result of a fall during a power outage. The Claimant was of reduced mobiliity at the time due to a recent hip operation. Lewis J held that in the circumstances it was not necessary for the judge to find as an objective fact that the premises was not reasonably safe, the outage had caused the premises to be less safe and the case turned on the time taken by the Defendant to restore the power and failure to communicate the urgency of the situation given the Claimant's vulnerable position. Secondly, Lewis J held that the judge at first instance had not placed too high a burden on the Defendant where the delay in response was 10-15 minutes. http://www.bailii.org/ew/cases/EWHC/QB/2016/2355.html
(2016) Recent instruction in relation to noise induced deafness claim. Claim included multiple defendants, issues of limitation and causation
(2015) Advice on case of alleged sexual assault by staff at children’s home between 1979 and 1983
Hallett v Blood [2013] Assisted in preparation for Court of Appeal case concerning contributory fault in seatbelt cases Assisted in preparation for Joint Settlement meetings. Case settled pre Court of Appeal hearing.
Callard v Neath and Port Talbot CC (2013) Successfully represented Claimant in multi-track trial, Highways Act claim.

Police law

Police Law

Kate has acted for the Police in various hearings including those relating to Sexual Offences Prevention Orders and the Police Property Act.

She also advises on and acts in cases involving claims for unlawful arrest, false imprisonment, trespass, misfeasance in public office and breach of the Human Rights Act 1998.

Cases

(2015) – Advised in relation to claim against police including assault and battery; false imprisonment; malicious prosecution; misfeasance in public office and breaches of Articles 6 and 8 HRA 1998
Evans and Ashford (2014) – Acted for police in Police Property Act matter – including costs arguments

Property and Land

In chancery law Kate has particular experience and interest in trusts, and real property. She also acts in and advises on cases concerning easements and estoppel.

Cases

Powell v Davies (2013) Acted for Defendant in a boundary dispute claim, included duty to fence against common land. Application made to strike out claim and upon hearing submissions the Court dismissed the claim without hearing oral evidence as no evidence of any duty/breach of duty by defendant.

Regulatory, Health and Safety and Licensing

Kate has represented various prosecuting agencies such as the Royal Mail Legal Services and acted for the Police in various hearings including Sexual Offences Prevention Orders and the Police Property Act. She also has experience in licensing appeals.

Wills, Trusts and Probate

Kate has particular experience in cases concerning constructive trusts and the Trusts of Land and Appointment of Trustees Act 1996. She also acts in a wide range of trusts cases and has experience in advising on contentious probate matters.