Katherine Watt Call Date: 2002

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1 LONDON & SINGAPORE Katherine Watt Call Date: 2002 Katherine has a broad commercial and civil practice, with a particular emphasis on: Katherine acts and advises in a wide range of commercial and civil disputes, both as an advocate in her own right and as part of a team of counsel in heavy and complex litigation, and in both the English courts and international arbitrations. Katherine s commercial litigation experience includes advising and acting on a wide variety of commercial contract and other actions. She has particular experience of banking and finance related disputes, and is regularly instructed by banks, lenders and other parties in a broad range of matters. Recent work includes acting (led by Jeff Chapman QC) for borrower and guarantor in inter-connected Commercial Court and LCIA proceedings arising out of a $35 million structured trade finance facility, acting (led by Michael Brindle QC) for trustees in a substantial dispute arising out of a high value securitisation transaction, successfully defending substantial claims against major high street banks at trial, and acting for Barclays and other lenders in PPI litigation. Katherine has a strong professional negligence practice, in the course of which she has acted in claims against a wide range of professionals. Recent cases of note include acting (led by Patricia Robertson QC) for a bank in multi-party Commercial Court proceedings defending a claim for allegedly negligent financial modelling of the costs of a major PFI project in Northern Ireland, and advising a City firm of solicitors (led by Mark Simpson QC) in relation to a regulatory investigation and related civil claims. Katherine s expertise in this field is complemented by her experience of professional disciplinary and regulatory work, which includes advising the BSB on issues arising out of the implementation of the Legal Services Act 2007, and acting for the Law Society and the FSA in a variety of matters. Katherine has solid academic credentials. She is joint General Editor of the Journal of Professional Negligence, a quarterly journal which provides commentary and analysis on all areas of professional negligence and professional indemnity. She is also a contributor to Butterworths Guide to the Legal Services Act 2007 and a former contributor to Sweet & Maxwell s Civil Procedure Reports. Katherine is currently on extended maternity leave and is not available to accept instructions AREAS O F EXPERT ISE Banking & finance

2 Commercial dispute resolution Fraud: civil Insurance and reinsurance Professional discipline Professional negligence EDUC AT IO N BVC, Inns of Court School of Law (Very Competent) CPE/ Diploma in Law, City University (Commendation) MPhil in Historical Studies, St John s College, Cambridge (First, joint highest in year) MA (Hons) History, St John s College, Cambridge (double First) APPO INT MENT S, MEMBERSHIPS, PRIZES Queen Mother Scholarship (2000 and 2001), Middle T emple Harmsworth Entrance Exhibition (2000), Middle T emple British Academy Award for Postgraduate Study (1999) Mullinger Scholarship (1998 and 1999), St John s College, Cambridge Helena Normanton QC Prize (2002), Middle T emple College Prize (1999), St John s College, Cambridge Mullinger Prize (1998), St John s College, Cambridge Pollard Prize (1998), St John s College, Cambridge REC ENT PRAC T IC E Banking & finance Katherine has extensive experience of banking and finance-related disputes. Recent work includes: Deutsche Bank AG v Tongkah Harbour PCL & Tungkum Ltd: Acting (led by Jeff Chapman QC) for the defendants in claims by Deutsche Bank arising out of a $35 million structured trade finance facility in complex inter-connected Commercial Court and LCIA proceedings. In August 2011, T ungkum Ltd successfully obtained a stay under s.9 Arbitration Act 1996 in the Commercial Court: [2011] EWHC 2251 (Comm). Advising in relation to substantial claims on finance leases raising various issues including of capacity and authority. Payment protection insurance (PPI) litigation: Acting for and advising Barclays Bank plc, Firstplus Financial Group plc and Lloyds T SB Bank plc in numerous claims arising from the sale of PPI. Consumer Credit Act litigation: Acting for and advising Barclays Bank plc in relation to various claims arising under the Consumer Credit Act. Cooper v National Westminster Bank plc: acting for the defendant bank in a claim arising out of the issue of a foreign draft. See [2009] EWHC 3035.

3 Earles v Barclays Bank plc: acting for the defendant bank in a fraudulent claim for breach of mandate. See [2009] EWHC Commercial disput e resolut ion Katherine has a broad commercial practice in line with Chambers profile. She has extensive experience in disputes arising out of a wide variety of commercial contracts, and has also acted and advised in a number of fraud and restitutionary claims. Recent cases of note include: Acting for a transport and courier company in a claim arising out of a contract for the supply of tracking services. Deutsche Bank AG v Tongkah Harbour PCL & Tungkum Ltd: Acting (led by Jeff Chapman QC) for the defendants in claims by Deutsche Bank arising out of a $35 million structured trade finance facility in complex inter-connected Commercial Court and LCIA proceedings. In August 2011, T ungkum Ltd successfully obtained a stay under s.9 Arbitration Act 1996 in the Commercial Court: [2011] EWHC 2251 (Comm). Acting (with Mark Simpson QC) for an insurer in a substantial claim by building repair contractors for alleged underpayment under repair contracts. Settled on the last day of trial. HSBC Rail (UK) Ltd v Network Rail Infrastructure Ltd: Acting (led by Michael Crane QC) in an insurance dispute arising out of the Hatfield rail crash. See [2005] EWHC 403 (Comm), [2005] 1 All ER (Comm) 689; affirmed [2005] EWCA Civ 1437, [2006] 1 WLR 643. Advising (led by Anthony Boswood QC) on a substantial dispute concerning alleged breach of fiduciary duty and dishonest assistance. Advising (led by Mark Simpson QC) a food company and its product liability insurers in relation to claims arising out of a product recall as a result of peanut contamination. Insurance Katherine has advised and acted in a range of insurance/ reinsurance matters, including: Acting (led by David Railton QC) for an insurer in a disputed claim on credit insurance policies. Advising the insured in relation to a claim on a buildings insurance policy for fire damage. HSBC Rail (UK) Ltd v Network Rail Infrastructure Ltd: Acting (led by Michael Crane QC) in an insurance dispute arising out of the Hatfield rail crash. See [2005] EWHC 403 (Comm), [2005] 1 All ER (Comm) 689; affirmed [2005] EWCA Civ 1437, [2006] 1 WLR 643. Acting (with David Railton QC, Andrew Mitchell and John T aylor) in a substantial reinsurance arbitration concerning long-tail asbestos related claims, which settled shortly before the substantive arbitration hearing. Advising on various insurance coverage issues relating to professional indemnity insurance. Professional discipline Katherine has acted and advised in a number of disciplinary and regulatory matters. Her recent experience includes:

4 Advising the BSB (led by T imothy Dutton QC and Michael McLaren QC) on issues arising out of the implementation of the Legal Services Act Winterflood Securities Ltd v FSA: Acting (led by Bankim T hanki QC and Michael Green QC) for the FSA in the most serious market abuse case investigated by the FSA, concerning whether the test for market abuse required a mental element and the interaction between the FSMA 2000 and Code of Market Conduct. See decision of the Financial Services and Markets T ribunal, 11 March 2009, upheld on appeal [2010] EWCA Civ 423. Okoronkwo & Izegbu v The Law Society: Acting (led by Patricia Robertson QC) in a dispute concerning, among other matters, the jurisdiction of the Solicitors Disciplinary T ribunal. See [2008] EWCA Civ Professional negligence Katherine has extensive experience of a wide range of professional negligence claims. Her recent work is summarised below. Financial advisers: Katherine has wide-ranging experience of financial advice claims, including: The Stax Litigation: Acting (led by Mark Simpson QC) for financial advisers in a 900,000 claim forming part of a group action arising out of the setting up of an offshore pension scheme. Acting for financial advisers in a claim concerning allegedly negligent advice on pension investments arising out of the collapse of Icelandic banks in Assisting in a large-scale review of alleged pensions mis-selling formulated and undertaken under the guidance of the FSA. Auditors/ accountants: Katherine has acted and advised in a range of audit and other accountancy advice claims, including: Acting for a top ten firm of accountants (with Mark Simpson QC) defending a substantial claim arising out of advice on capital gains tax planning. Acting for accountants in defending a claim arising out of advice on personal tax liability. Acting (with Mark Simpson QC) for a top ten firm of auditors in defending a claim arising out of alleged failure to detect employee fraud. Acting for a company in a claim relating to corporate finance advice. Legal professionals: Katherine has extensive experience of claims against legal professionals arising out of both contentious and non-contentious business, including: Acting for and advising solicitors in relation to multiple claims by lenders and other parties arising out of the fraud of an employee. Acting for solicitors in a substantial claim by a lender arising out of allegedly negligent conveyancing advice. Acting in a claim for breach of contract against trademark attorneys. Advising (led by Mark Simpson QC) a City firm of solicitors in relation to an investigation by the Solicitors Regulation Authority and related civil claims. Advising (with T imothy Dutton QC) on a claim against a City firm of solicitors. Acting (with Mark Simpson QC) in a costs claim against a solicitor concerning issues of dishonesty

5 and negligence. Acting (with Mark Simpson QC) in an application for wasted costs arising out of alleged improper allegations against a government department. Acting in a claim arising out of negligent advice on restrictive covenants in connection with a substantial property purchase. Advising on a contribution claim against a barrister concerning advice on merits and evidence. Surveyors/ valuers: Katherine has substantial experience of both lender and purchaser claims, involving both commercial and residential property, including: Goldentree Financial Services plc v Hanson: Acting for a valuer in a substantial claim by a sub-prime lender relating to multiple residential property valuations. Mathon v Moore Wood Ltd: Acting (with Mark Simpson QC) for the defendant valuer in a 4 million claim concerning valuations of a hotel and block of flats. Trustees and trust administrators: Katherine has advised trustees and trust administrators in various contexts, including: Advising and acting for a trustee in bankruptcy in a claim for alleged breach of statutory duty in relation to estate administration and concerning the scope of the relief available under ss. 168 and 303 of the Insolvency Act Acting (with Mark Simpson QC) for pension fund administrators in relation to alleged unequal treatment of beneficiaries. O T HER EXPERIENC E Pro bono work through the Bar Pro Bono Unit. Secondment to Herbert Smith, October 2003 March Semi-finalist in the Rosamund Smith Mooting Cup Competition 2002 (Middle T emple); selected to represent Middle T emple in moots against Pepperdine University, California, on an exchange trip and on return. PUBLIC AT IO NS Joint General Editor of the Journal of Professional Negligence (Bloomsbury, published quarterly). Contributor to Butterworths New Law Guide: Guide to the Legal Services Act 2007 (LexisNexis Butterworths, 2009). Former contributor to Sweet & Maxwell s Civil Procedure Reports. LO NDO N Fountain Court Chambers Fountain Court, T emple London EC4Y 9DH chambers@ fountaincourt.co.uk T el: +44 (0 ) Fax: +44 (0 ) DX: 5 LDE SING APO RE Ocean Financial Centre #37-0 6/10 10 Collyer Quay Sing apore T el: