Katherine Proctor Email & Phone Number

London, United Kingdom

Insurance and Reinsurance:- Representing various reinsurers on claims arising out of Covid-19, including issues as to aggregation.- Representing insurers in various property, construction and engineering claims.- Representing insurers in various Bermuda Form disputes concerning chemical spills, construction/engineering defects, product defects/liability etc.; both direct excess and via reinsurance of captives.- Representing an insurer in a hybrid Bermuda Form dispute concerning a defective product; succeeding in an anti-suit injunction: Catlin Syndicate v Weyerhaeuser [2018] EWHC 3609 (Comm).- Representing an insurer in relation to claims for financial loss cover under a Public & Products Liability Policy and a Combined Liability Insurance Policy. Issues: non-disclosure/misrepresentation under the new Insurance Act 2015, whether the claims were first made during the policy period, known circumstances, contractual liability, defective work and recall and repair exclusions.- Representing an insurer in LCIA arbitration in relation to claims under a Primary - D&O and Company Reimbursement Policy; succeeding in an anti-suit injunction: XL ICSE v Peter Little [2019] EWHC 1284 (Comm).- Representing an insurer providing private client insurance in respect of a misrepresentation under the Consumer Insurance (Disclosure and Representations) Act 2012.- Representing an insurer in relation to its rights and obligations as a follower in a subscription agreement.- Representing London market reinsurers on various Latin American claims.General Commercial:- Representing an insurer and insured in defence of claims for negligent handling of fine art. Issues: exclusions/limitations of liability and the impact of the Consumer Rights Act 2015.- Representing a company in claims for breach of contractual and equitable duties of confidence, breach of non circumvention provisions and copyright infringement.

London, United Kingdom

I was a member of the International Arbitration Group at Clyde & Co. I also conducted a great deal of English High court litigation work.Examples of case experience include:Insurance/reinsurance:- Representing local insurers and London reinsurers in LCIA arbitration in respect of multi-million claims for unpaid premium relating to CAR/DSU/OAR/BI cover, recovering 100% costs. Also acting in and settling a second LCIA arbitration in respect of claims made under the policy, including addressing issues of avoidance.- Acting for insurers in settling claims under a GL Policy for indemnity and defence costs cover in respect of material damage and personal injury following a lift collapse.- Defending a reinsurer in respect of multi-million claims for business interruption cover following damage to an aluminium smelter plant.- Defending brokers in respect of multi-million claims for negligence in the arrangement of a marine insurance policy.- Representing insureds and their insurers in ICC arbitration and currently acting in subsequent Greek proceedings in respect of multi-million claims for losses arising out of a computer system error at a power generation plant.- Representing an insurer in two separate Bermuda Form disputes relating to multi-million claims arising out of a chemical spill and a defective product.General Commercial:- Representing a contractor in LCIA arbitration and English High Court/Zambian proceedings in respect of multi-million claims for breach of contract, including addressing jurisdictional challenges and enforcement issues.- Acting for a company in settling claims for breach of contract arising out of the provision of oil and gas training facilities.- Acting for a company in respect of claims for breach of contractual and equitable duties of confidence, breach of non circumvention provisions and copyright infringement.

London, United Kingdom

At Ince, I spent time on four secondments in the London market; the first with Omega Syndicate 958 in 2009, the second and fourth with one of the world’s largest international insurance/reinsurance brokers, Willis Group Ltd, in 2011 and 2014, and the third with one of the largest international insurance/reinsurance underwriters, Catlin (both syndicate and company), in 2012. I am, therefore, very familiar with business and commercial factors affecting the handling of claims and litigation.Examples of case experience include:Insurance & Reinsurance- Acting for several reinsurers in successfully settling a multi-billion claim brought by a captive insurer for losses arising out of a shortfall in aircraft leasing income. Subsequently acting for a reinsurer in its successful recovery under its retrocession of sums paid in settlement of its potential inwards exposure- Acting for several insurers in successfully defending a multi-million claim following a vessel flooding incident, including issue as to fraudulent device (DC Merwestone v HDI Gerling)- Acting for several insurers in successfully defending a multi-million fine art claim for damage to an alleged Fabergé egg clock, including issues as to avoidance and applicable exclusions (Kamidian v Holt).- Acting for insurers in successfully settling claims under Trade Credit and Contract Frustration insurance policies.- Advising a reinsurer in respect of its potential exposure to other reinsurers for exceeding its authority as leader.General Commercial Disputes- Acting for a contractor in successfully defending multi-million contractual and tortuous claims for damage caused by a fire at a recycling plant (Biffa Waste v Maschinenfabrik).- Acting for a Claimant Russian ship owning company and its subsidiary and associated companies in a multi-million claim alleging that various transactions were entered into dishonestly and against the interests of the Claimants (Intrigue Shipping).

Batchelor Of Laws Exempting Degree, Law, First Class Honours

Watson Burton Prize for the Best Overall Performance in Northumbria University's LLB Degree - 2003 Paul Cape Employment Law Prize - 2001

Education record

1999 - Emmanuel College Bursary Award 1998-1999 - Head Girl and Senior Prefect 1997-1998 - Deputy Head Girl and Senior Prefect