Call: 2003 (Lincoln’s Inn)
Education: LLB (Hons)
Associations: Midland Circuit, The Personal Injuries Bar Association

Practice Areas: Commercial & Chancery – Consumer Credit – Insolvency Civil Motoring Offences

Katie read Law at University and went on to study the BVC at the Inns of Court School of Law, London.

Called to the Bar in October 2003, Katie has since developed a successful practice undertaking cases in all areas of commercial & chancery law.  Regular instructions include partnership disputes, Company dispute, and proceedings under the TOLATA provisions.

Katie routinely drafts pleadings and appears in injunction cases before the High Court.  Such cases range from actions relating to anti-social behaviour, protection from harassment, and trespass to property.  

Property

In relation to property work, Katie has extensive experience in disputes concerning co-owned properties including equitable division of ownership, orders for sale, and occupational rent claims.  

Katie undertakes a full range of landlord and tenant disputes, from disputed residential service charges commercial forfeiture for breach of lease.  Additionally, Katie regularly advises on matters concerning boundary disputes ranging from the placement of fences and outbuildings, access rights, and adverse possession claims.  Katie can assist in negotiating a boundary neighbour agreement, and making applications for a determined boundary to the tribunal, or for rectification of the title plan.  

Katie is experienced in drafting applications for Interim Possession Orders, and in obtaining orders for possession against trespassers swiftly.

Consumer Credit

Katie is a respected specialist in all consumer credit – related matters, acting for established High Street banks, credit card providers, independent creditors and assignees of regulated agreements. Katie has been extensively involved in all of the well-publicised consumer arguments since 2006 including; unfair bank charges, s.77-79 CCA 1974 requests, mis-sold insurance and investment products, s.140 unfair relationship claims, and secret commissions.

Katie has also developed a particular specialism in debtor-creditor-supplier agreements and routinely advises, drafts, and represents clients on matters involving defective goods and a creditors’ liability pursuant to sections 56 and 75 CCA 1974.

Katie has achieved consistently positive results following Strike Out/Summary Judgment Applications on the basis of limitation pursuant to the Limitation Act 1980. Such applications have involved multiple causes of action and the application of five separate sections of the statute. Successful applications have brought an end to dozens of high-value claims, saving significant trial costs.

More recently, Katie has been involved in several multi-handed disputes concerning Regulated Mortgage Contracts and the application of the Regulated Activities Orders in relation to commercial mortgages.  Katie is well versed in the usual arguments and takes instructions to draft extensive pleadings on behalf of Lenders, Debtors, and LPA Receivers.

Katie has in-depth knowledge of the regulations applicable to Credit Unions and has recently drafted a full suite of fully compliant CCA 1974 documentation including the credit agreement, required annual consumer letters, and default and termination notices.

Katie can provide expert advice and consultation services on CCA 1974 requirements and the implementation of compliant procedures.

Over recent years Katie has been heavily involved in the PPI litigation following the Plevin judgment and 2017 FCA redress scheme for unfair relationships owing to the payment of an excessive commission. Acting for a number of High Street lenders, Katie achieved consistent successful outcomes for her clients.

Katie is presently acting for 4 motor finance lenders facing multiple claims based on alleged secret commissions paid to Brokers. Such claims pursue rescission of the finance agreement and compensation for an unfair relationship. Katie has achieved consistently good results having undertaken dozens of hearings, including allocation disputes and trials. With the number of claims ever increasing, Katie and the Halcyon Motor Finance team are at the forefront of this new and evolving litigation.

Insolvency

Katie advises and appears in relation to many aspects of both corporate and personal insolvency practice. She has extensive court experience and appears regularly in matters including proceedings relating to winding up petitions, personal bankruptcy petitions, setting aside statutory demands, applications under the Insolvency Rules 2016, and annulment of bankruptcy orders.

Katie has drafted applications for injunctions relating to insolvency disputes, and appears in the High Court at the substantive hearings for both creditors and debtors.

Katie’s recent experience includes lengthy proceedings where she successfully secured the annulment of four linked personal bankruptcy orders, and obtaining an injunction to prevent the advertisement of an insolvency petition against a charitable trust.

Katie is prepared to accept instructions for work in any courts both on and off the Midland Circuit. Katie currently travels extensively to courts around the country in order to conduct trials.

Katie is hard working, and is always meticulously well prepared. She currently accepts both privately and publicly funded instructions.

Katie is pleased to accept instructions on a Direct Access basis and is also authorised by the Bar Standards Board to conduct Litigation.

 

Reported Cases

Promontory (Chestnut) Ltd v Simpson & Anor [2021] EWCA Civ 1682 – Led by Trevor Berriman in the Court of Appeal in a conjoined appeal case that ruled on disclosure obligations of the assignee under s.136 of the Law of Property Act 1925 in litigation. A copy of the judgment can be found here.

Gilbert Deya Ministries v Kashmir Broadcasting [2010] EWHC 2015 (CH)

Link Financial Ltd v Jones [2012] EWHC 2402 (QB) – The judgment can be found here.

VFS Financial Services Ltd v JF Plant Tyres Ltd [2013] EWHC 346 (QB) – The judgment can be found here.

 

Recent Articles

Injunctions under the Protection from Harassment Act 1997 – The Value of Undertakings – Civil

Smith v RBS – What happens next? – Consumer Credit

The long awaited decision in Smith v RBS is handed down by the Supreme Court – Consumer Credit

Katie Wilkinson