To instruct Kate please contact our clerks on +44 (0)20 7842 5555 or email [email protected].
“Kate Vaughan-Neil is a highly sought-after barrister with a particular focus on professional negligence” (as demonstrated by her Legal 500 ranking within Tier 4), insurance and commercial litigation; appearing in substantial high court and arbitration matters as both sole and junior counsel.
Her professional negligence expertise covers most of the main professions, with particular emphasis on those involving solicitors, architects and engineers; but also surveyors, barristers and financial advisers. She is well versed in both advising at the pre-action stage and acting in litigation. Chambers & Partners has described Kate as “very considered; immediately seeing the potential counter-arguments and how they could affect the strategy”.
Kate’s insurance practice is varied and extensive. In recent years, she has undertaken substantial repeat acting for a major insurer; a company engaged in managing insurance portfolios in run-off; and a company engaged in acting for policyholders in relation to both claims and policy renewal. That (ongoing) experience embraces advising on coverage related issues of insurance law and policy interpretation; drafting revisions to policy wording as part of renewal negotiations; as well as assisting in the analysis and presentation of claims, not least regarding a number of business interruption policies in light of the FCA v Arch decision and subsequent jurisprudence.
As regards her wider commercial experience, Kate has considerable expertise in general commercial litigation (including advising at the pre-action stage); as well as of complaint forums. Her commercial litigation experience is deep and longstanding; and encompasses fraud claims, including acting for an Azerbaijani travel agency in a claim (settled just before trial) arising out of a failure to provide aircraft under a charter agreement. As regards complaint forums, she has been engaged by two major retail banks in respect of two separate FCA Reviews, namely the review into mis-sold interest rate hedging products, where she advised on numerous consequential loss claims; and the review into one bank’s business support unit, where she was part of a panel determining appeals brought by customers against the bank’s determination of its claims under the review. She has also acted a number of times for respondents facing complaints to the Financial or Legal Ombudsman.
Kate has a broad and well-established professional negligence practice, which covers most of the main professions, with particular emphasis on those involving solicitors, architects and engineers, but also including surveyors, barristers and financial advisers. She is recommended in Chambers and Partners 2016 directory as “very considered; immediately seeing the potential counter-arguments and how they could affect the strategy.”
Claims against solicitors
Claims against barristers
Claims against engineers
Claims against architects
Other construction-related claims
Claims against financial advisers
Claims against surveyors
Kate has also acted in a number of negligent valuation cases against surveyors. These include not only cases in which substantive negligence claims have been pursued, but also a case in which she acted for the defendants successfully resisting a two day application to set aside an order extending time for service of a claim form.
Kate has considerable experience in the insurance field on a wide-ranging basis, including advising on substantive legal/interpretation issues; drafting policy wording; and assisting with the analysis and presentation of claims. Her expertise has developed not least due to repeat work undertaken for both a major insurer; a company engaged in managing insurance portfolios in run-off; and a company engaged in acting for policyholders in relation to both claims and policy renewal (for whom she is now their primary counsel of choice).
Kate has extensive experience of a great variety of commercial disputes, including those involving allegations of fraud.
Acting for an Azerbaijani travel agency in a claim arising out of a failure to provide aircraft under a charter agreement (in which fraud allegations were prominent). Settled on eve of trial.
Kate has considerable experience of employment disputes, including acting for employers in unfair/constructive dismissal claims brought in the employment tribunal, as well as acting for and against employers in claims brought in the High Court, both for bonuses/holiday pay and for alleged breach of restrictive covenants.
Kate’s practice in construction and engineering disputes encompasses claims relating to employers, contractors, architects, engineers and surveyors. Her experience includes litigation in the Technology and Construction Court, adjudication and mediation.
Kate also has experience in banking and financial services. She has advised banks in relation in particular to pre-action disclosure applications in the context of mis-selling claims. Further:
As regards financial services, in addition to the claims against financial advisers referred to above, Kate also acted for Equitable Life in relation to a variety of matters arising out of the cessation of new business and was extensively involved in the drafting of documentation regarding the setting up of a new fund for intermediaries.
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Call: +44 (0) 20 7842 5555