Kate specialises in regulatory and financial services matters. In particular, she acts for financial institutions in contentious and non-contentious matters, including litigation, drafting, securitisations and FCA notifications.
She is an experienced advocate, having represented most of the major banks and finance houses in matters relating to compliance with financial services and consumer credit legislation, including enforceability, mis-selling, unfair terms, harassment, credit referencing errors and matters pertaining to the FCA Handbook rules (including CONC, MCOB, DISP and COMP etc), as well as common law arguments on misrepresentation, penalties and general contractual disputes.
Kate also acts for utilities and other retail clients with consumer facing issues, contract disputes and debt sales particularly in the energy sector. She is an expert on green issues in the financial sector.
Kate successfully acted for the lender in two of the recent important cases on the meaning of credit (see notable cases below).
Kate has also assisted various energy companies with consumer contract disputes and debt sales.
Her practice regularly covers matters including:
- Drafting and reviewing loan agreements (regulated and non-regulated, secured and unsecured lending), including specialist areas such as litigation finance, premium finance, student and bridging loans, as well as regular loan and supply finance agreements.
- Advising on securitisations and sale of debt portfolios, including due diligence on consumer contracts and loan agreements.
- Advising on self-reporting to the FCA, including risk assessments.
- Drafting representations on consumer credit licensing/authorisation issues, including requests to sign requirements.
- Advising on technical questions pertaining to regulated lending (and how to avoid regulated lending), such as the total cost of credit/ items entering into the APR calculation and whether credit is provided in novel situations.
- Other consumer contract regulatory challenges and advice, including to government departments, energy companies and trading standards etc.
Kate was involved in the implementation of the Consumer Credit Directive, the Consumer Rights Directive and the Green Deal.
Her non-credit practice includes advising on trading laws, product compliance, advertising issues and enforcement action under the Enterprise Act.