Kate Legh

Call 2018

Expertise

Kate is instructed in a range of product liability work, and is particularly interested in medical products cases.

Kate is currently instructed for a car manufacturer in the emissions litigation, led by Neil Moody KC, Sonia Nolten KC and Ben Phelps.

Kate also frequently advises in respect of defective electrical equipment and gas appliances under the Consumer Protection Act and Electrical Equipment Regulations. She has also advised in cases involving the impact of Brexit on product liability law.

Kate has experience of vaginal mesh claims.

Kate recently considered the ECJ’s decision of VI v KRONE – Verlag Gesellschaft mbH & Co KG (Case C-65/20) which concerned the ambit of the Product Liability Directive. See here.

Kate has a busy and varied property damage practice. Kate is regularly instructed by Claimants and Defendants, often in relation to subrogated matters. Kate is also instructed directly by loss adjustors.

Kate recently acted, led by Daniel Crowley, for the Claimants in a claim against a builder, project manager and architect in respect of the defective construction of a residential property. The case went to trial in October 2022 before Jefford J. Judgment is awaited.

As sole counsel, Kate regularly settles pleadings and advises in respect of all aspects of property damage claims.

Kate is also regularly instructed by Network Rail in claims brought in respect of Japanese Knotweed encroachment.

Notable Property Damage cases


Vainker v (1) Marbank; (2) Mercer & Miller; and (3) SCD

Acting for the Claimants, led by Daniel Crowley in this complex professional negligence dispute brought against the builder, project manager and architect of a substantial new build house. Judgment is awaited.


MMU v SRM and TCUK

Acting, led by Timothy Killen, for one of the Defendants in a claim in respect of property damage alleged to have occurred as the result of the defective or negligent manufacture, supply, installation and commissioning of air conditioning chiller units in a large commercial building.


X v Y

Provided ongoing advice in relation in relation to an application for pre-action disclosure on behalf of four intended claimants in a claim worth in excess of £6million.


CF v Anwyl Construction Company

Acting for the successful Claimants in a claim in respect of the defective construction of a new build property (settled at mediation).

Kate has experience in a wide range of employment cases, including those involving bullying, harassment, redundancy, unfair dismissal and disability discrimination. Kate accepts instructions across the full spectrum of employment work and acts for both claimants and respondents.

Notable Employment cases


JG v GCC

Acting for the successful Respondent at trial in a claim for disability discrimination and victimisation.


ST v ECC

Acting for the Respondent in a claim for constructive dismissal and disability discrimination.


GB v WH

Acting for the Respondent in a preliminary hearing deciding the issue of disability.


TH v MDL

Advising a claimant in respect of the settlement of their claim for unfair dismissal (redundancy).


SR v A School

Acting for the claimant, a teaching assistant, in a claim for constructive dismissal and victimisation on trade union grounds.


MK v SG

Acting for the respondent employer in a claim for unfair dismissal, discrimination and harassment.


DM v NHS England

Led by Rehana Azib, for the respondent in a claim for unfair dismissal and discrimination.


B v M

Acted for the respondent employer in a claim for unlawful deduction of earnings.


Kate is also interested in the overlap between personal injury and employment.

Kate has a busy travel practice and regularly appears in cases where jurisdiction and/or foreign law are in issue. She has particular experience in advising in respect of Rome II.

Kate is currently acting in litigation arising out of the cancellation of holidays and school trips as a result of the Covid-19 pandemic. See here

Notable Private International and Travel Law cases


Advising a foreign hospital in respect of a jurisdiction challenge in the High Court in a clinical negligence claim.


Advising in relation to the domestic effects of foreign judgments.


Acting for insurers in litigation to recover damages for cancelled holidays under the Package Travel Regulations.


Advising in respect of the scope of the Montreal Convention in relation to a personal injury claim in an airport.


Working alongside Andrew Miller KC on a US$100m insurance arbitration governed by foreign law.

Kate has acted and advised in a range of insurance disputes, including in relation to Covid-19 business interruption insurance, and other coverage issues.

Notable Insurance cases


X v Y

Advising the insurer in respect of the merits of invoking fraud in a coverage dispute.


S v Z

Acting for the insurer in ongoing proceedings in a coverage dispute relating to lost or stolen goods.


L v H

Acting for the insurer in a claim for the recovery of damages arising out of contractors’ breach of contract leading to substantial property damage when the drainage system in a large residential building was damaged.


B v K

Acting for the insurer in a claim arising out of breach of a contract to transport heavy goods machinery.


W v KBC

Acting for the insurer in a claim for a security contractor’s negligence.


IC v SAD

Acting for the insurer in a claim arising out of extensive fire damage to residential properties.


Kate also worked alongside Andrew Miller KC on a US$100m insurance arbitration arising out of a natural disaster.

Kate accepts instructions across all areas of Chambers’ commercial work. She has particular experience in the fields of contractual disputes, insurance and property damage. She was recently instructed on behalf of the claimant in a breach of contract dispute raising issues of bailment.

Kate worked alongside Andrew Miller KC on a US$100m insurance arbitration arising out of a natural disaster.

Kate acts for both claimants and defendants in professional negligence matters. She recently acted, led by Daniel Crowley, in a complex, multi-party, professional negligence dispute involving the construction of a new-build property.

While she was judicial assistant to Lord Justice Hamblen in the Court of Appeal, Kate worked on the case of Manchester Building Society v Grant Thornton [2019] EWCA Civ 40. This was subsequently appealed to the Supreme Court, [2021] UKSC 20, and is now one of the leading case on the scope of a defendant’s duty of care.

Kate has quickly developed a varied and thriving clinical negligence practice, acting for Claimants and Defendants, both led and unled. Her unled work frequently involves cases worth over £1m. Kate is particularly interested in the crossover between clinical negligence and private international law issues, and has acted in cases involving foreign hospitals and medical providers.

Notable Clinical Negligence cases


CC v Blackpool Teaching Hospitals

Acting, led by Michael de Navarro KC, on behalf of the Defendant NHS Trust in a wrongful birth claim pleaded at over £40m (settled at JSM).


GC v Arleta and Anr

Advising a foreign hospital in respect of a jurisdiction challenge in the High Court in a clinical negligence claim.


JD v EKH

Acting for the Claimant in a claim arising out of the failure to diagnose and treat cholesteatoma, resulting in long term loss of hearing (settled pre-action).


SW v Northern Care Alliance NHS Foundation Trust

Acting for the Defendant in a claim for failure to diagnose syphilis, leading to substantial loss of sight (settled at JSM).


LM v Welsh Ambulance Service NHR Trust and Ors

Acting for two of the defendant Trusts in a claim for failure to treat a subarachnoid haemorrhage and stroke.


MA v Nottinghamshire Healthcare NHS Foundation Trust

Acting for the defendant Trust in a claim brought by an inmate detained in a secure psychiatric unit.


GL v Hampshire Hospitals NHS Foundation Trust

Acting for the defendant Trust in a claim concerning allegedly negligent cataract surgery.

Kate has experience of a wide range of personal injury work. She is particularly interested in personal injury in the travel context, as well as the cross-over between personal injury and employment, and claims in respect of workplace stress.

Privacy Policy

Kate Legh Privacy Policy

My contact details:

ICO Reg No: ZA781017
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

© Briefed Ltd 2021. All Rights Reserved.

  • Winner of the Times 2TG Moot, judged by Gloster and Jackson LJJ and Sir John Laws
  • City Law School BPTC Scholarship
  • Lord Haldane Scholarship, Lincoln’s Inn
  • Hardwick Entrance Award, Lincoln’s Inn
  • City Law School GDL Scholarship
  • President’s Commendation, Trinity College, Oxford
  • Tutor’s Prize, Trinity College, Oxford

  • BPTC (Outstanding), City Law School
  • GDL (Distinction), City Law School
  • PGCE History, University College London
  • BA History (First Class), Trinity College, Oxford

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)