Katie Nowell

Employment

Katie mainly acts for Respondents including NHS Trusts, Police Forces, Public Authorities and private companies. However she is happy to work for Claimants and has and continues to undertake pro bono work for Advocate.

Katie has been practicing employment law for over 25 years and therefore has considerable experience across the field in Tribunals and the EAT. She has particular experience dealing with protected disclosure and discrimination cases, most recently successfully defending a pregnancy and maternity claim, involving multiple complex allegations against an NHS trust.

Katie also has an interest in disciplinary and grievance proceedings and has enthusiastically received instructions to act as investigation officer and chair in internal processes both within  School and private company settings.

Recent cases include:

FEP v CCH [2023]  Acted for the Respondent Trust. The Claimant, a band 5 nurse, brought 29 separate allegations of pregnancy discrimination and victimisation. All allegations were successfully defended. Arguments centred on the definition of “unfavourable treatment” when measures were taken to protect a pregnant employee during COVID.

HC v RCH [2023] Acted for the Respondent Trust in a factually complex constructive unfair dismissal claim. The claim, involving a 2 year history of complaints, was successfully defended.

AM v HCO [2022] Acted for the Claimant in a disability discrimination claim, resulting in a favourable settlement for the Claimant. The Claimant involved the impact of COVID on the Claimant’s pre existing disability and exploration of Long Covid as a separate disability for which she was ultimately dismissed.

KH v STH [2022] Acted for the Respondent Trust in the Claimant’s claim for unfair dismissal/ disability discrimination. The Trust successfully defended the claim of a midwife who had successfully applied for ill health retirement. The case involved consideration of the terms of the ill health retirement policy and in particular whether the Claimant’s application and acceptance contradicted her suggestion that she could have continued work on reduced hours. Other issues included the conflict between the trust’s duty to a disabled employee and the need to use limited resources to the best interests of the patient, during Covid.

CT v SHSC [2022] Katie successfully represented one of two separate trusts in the disability discrimination claim of a band 6 clinical psychologist, employed by one trust to provide psychology services in the other. The extensive reasonable adjustments claimed were largely provided but with long delays, which the Claimant claimed prevented her from working effectively and ultimately led to her redundancy under “Organisation for Change”. Amongst other issues, the case involved examining the term “reasonable” in light of:   the involvement of 2 trusts; the need to seek formal approval from the finance director for any purchases; the compatibility of equipment with the trusts’ internal network (“System One”); the impact of covid on securing adjustments; and the need to provide a workable service for patients.

SD v CC [2022] Acted for the Respondent police force. The Claimant brought claims for protective disclosure detriments and disability discrimination. At a 5 day preliminary hearing, 5 of  6 separate disclosures were determined not to be protected. All 5 disclosures were made to external bodies and the hearing consequently centred around the provisions of 43G ERA.

Insurance Fraud

Katie has considerable experience in a broad range of fraud and fraud related litigation, working predominantly for Defendants and Third Party Insurance Companies, including:

– Concocted accidents;

– Bogus passenger claims;

– Low Velocity Impact claims;

– Exaggerated claims; and

– Fraudulent damages claims.

Her experience includes advising in conference and on paper; drafting of all Court paper work including but not confined to Defences, Part 18 requests, Part 35 questions, Applications and accompanying witness statements; and advocacy up to and including fast track and multi track trials.

Personal Injury

Katie has been practicing personal injury for in excess of 25 years representing a broad mix of Claimants and Defendants. Over the years her practice has developed into a largely Claimant focused multitrack practice, where she regularly advices, pleads and conducts advocacy for Claimants in high value claims. Including the drafting of lengthy and high value Schedules.

Katie is regularly instructed in many fields of Personal injury work, including:  workplace and construction claims, Road traffic, public liability and occupiers liability/defective premises claims. Her link with employment law has also led to an expertise in stress claims and claims arising out of the Equality Act.

Recent notable cases include:

MOC V MDL (2023) – Advised on liability and drafted pleadings in a multiparty construction case where the Claimant fell from a height,  leading to a significant injury, necessitating multiple surgeries and ultimately amputation of his leg.

ZM v MCFEC  (2023)– Advised tactically and drafted a lengthy Schedule of Loss in a head injury claim, involving a fractured skull with consequent migraines, loss of cognitive function, personality change, PTSD, loss of vision and vestibular problems. The claim involves complex causation issues due to pre accident trauma.

AD v CC (2023) – Advised a Defendant and attended the PTR in a factually complex stress at work claim, spanning over 3 years.

FL v MBT (2022) – Advised a Claimant and drafted pleadings, leading to a favourable settlement in a chronic pain/ fibromyalgia case which rendered the young Claimant indefinitely incapable of work.

Regulatory and Professional Discipline

Katie regularly appears in the MPTS acting for the GMC in Fitness to Practice; non compliance; reviews and reinstatement hearings.

She has recently joined the Police Misconduct Team and looks forward to accepting instructions in this work.

Associations

Employment Law Bar Association

Personal Injury Bar Association

Professional Negligence Bar Association

Education

LLB, Cardiff University

Prescribed Information

Miss Katie Nowell is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Katie can be found here.

Katie’s clerks will happily provide no obligation quotations for all legal services that she provides. Their contact details can be found for employment here and for personal injury here. It is most common for Katie to undertake Court and Tribunal services for a fixed fee or a brief fee plus refresher days. For advisory work, paperwork and conferences it is most commonly charged at an hourly rate although fixed fees are available. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Katie will typically return paperwork within 7 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.