Katrina Yates

Call: 2006
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Practice Summary

Katrina has been recognised in the legal directories as a leading Property and Chancery junior. She also has expertise in complementary areas of Planning Law.

She was called to the Bar in 2006 by Lincoln’s Inn and undertook pupillage at Landmark Chambers, before taking-up tenancy in 2007. She is a member of the Property Bar Association and the Chancery Bar Association.

Over the past twelve years Katrina has developed extensive breadth and depth of advocacy experience in the Senior Courts, including the Court of Appeal, the High Court (Chancery Division/Business and Property Court, Queen’s Bench Division, Administrative Court) and the Senior Courts Costs Office, and also in the County Court, the First-Tier Tribunal, the magistrates’ courts, the Crown Court, and at public hearings and inquiries. Her experience ranges from appearing in all manner of procedural applications and permission hearings, to trials, substantive hearings and appeals. She also has experience of mediations in high-value commercial disputes.

Since September 2015, Katrina has been appointed to the Attorney General’s prestigious ‘B’ Panel of Counsel, having previously served on the ‘C’ Panel for 4 years. In late 2011, she also spent three months working on secondment to the Solicitor-General of New Zealand, in the Natural Resources division of the Crown Law Office (as a Pegasus Trust Scholar). She sat on the University of Bristol’s Law School Advisory Board between 2013 and 2016, and is a guest LLB land law lecturer.

Other Interests

Katrina is a lyric-spinto operatic soprano.  She has also played first violin with the London Medical Orchestra, a semi-professional ensemble which raises money for medical charities.

Property

Katrina specialises in providing advice and representation in a wide variety of Property and Chancery disputes, including:

  • Land registration (including referrals to the First-Tier Tribunal, alteration, rectification, indemnity and judicial review). She regularly advises and represents the Chief Land Registrar on all aspects of his duties, powers and liabilities under the Land Registration Act 2002.
  • Conveyancing (including misrepresentation and forfeiture of deposits)
  • Commercial landlord and tenant (including forfeiture, breaches of covenant, break clauses, the renewal of business tenancies and dilapidations).
  • Residential landlord and tenant (including disrepair and possession claims).
  • Professional negligence arising from conveyancing and dispositions of registered land.
  • Real property disputes (including those concerning nuisance, easements, determinable fee simples, rentcharges, covenants, boundary disputes, adverse possession, proprietary estoppel, mortgages and charges). She is experienced in advising mortgagees on the means of perfecting their title to registered land, securing equitable interests under unregistered charges, and on equitable remedies for recovering funds treated fraudulently and/or in breach of trust (including tracing, proprietary claims, knowing receipt and subrogation).
  • Trusts of land (including claims to beneficial interests in property, claims under the Trusts of Land and Appointment of Trustees Act 1996 and orders for sale)

She has appeared in myriad property-related applications and trials over the years.  She also has experience of dealing with the costs implications of property litigation, through appearing at detailed assessments in the Senior Court Costs Office.

Recent and notable cases include:

  • Antoine v Barclays Bank UK Plc & Chief Land Registrar [2018] EWHC 395 (Ch): successfully defended the Chief Land Registrar in relation to a claim for rectification of the registrar, following the setting aside of a court order that had been obtained by fraud. Appeal to the Court of Appeal pending.
  • Co-Operative Food Stores Ltd v Sainsbury’s Supermarket Ltd (County Court at Basildon, Claim No. B00BQ702): acted for the claimant/tenant throughout the proceedings for a renewal business tenancy of a supermarket (instructed by Freeths LLP, 2016 – 2017).
  • Ashburton Trading Ltd v Cinar (County Court at Clerkenwell, Claim No. C02EC912): acted for the landowner – Arsenal Football Club’s property arm – at a trial in relation to a former 1954 Act tenant squatting on the premises (instructed by Slaughter & May, 2016 – 2017).
  • Highways England Ltd v Dale (Claim No. C00NRA443, County Court at Cambridge, 2016): represented Highways England at the trial of complex possession proceedings against an individual claiming adverse possession of part of the A11 highway verge (instructed by Veale Wasbrough Vizards LLP, 2015 – 2016).
  • R (Best) v Chief Land Registrar [2016] QB 23 (CA), [2014] 3 All ER 63 (QB): landmark Court of Appeal case testing the novel question of whether an application purportedly made pursuant to paragraph 1 of Schedule 6 to the Land Registration Act 2002 for a person to be registered as the proprietor of a registered estate in land by adverse possession is valid, where the possession on which the applicant relies to establish his claim constitutes the criminal offence of squatting in a residential building, under s. 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Junior to Jonathan Karas QC, instructed by the Treasury Solicitor on behalf of the Chief Land Registrar, 2013 – 2015).  For a copy of the judgment, click here.  See also the national coverage in the Guardian, the Telegraph and the Daily Mail.
  • Ameen Adam v Salim Adam (Ref/2014/0069, in the First-Tier Tribunal): four day trial of the applicant’s claim to a beneficial interest in a freehold residential property; successfully resisted the application on behalf of the registered proprietor (Instructed by Barber & Co, 2014 – 2015).
  • Hamilton v Chief Land Registrar (Claim No. A30LV046, High Court, Chancery Division, Liverpool District Registry): successfully applied on behalf of the Chief Land Registrar to strike out a claim for an indemnity under the Land Registration Act 2002, for failing to satisfy the statutory conditions (Instructed by the Treasury Solicitor, 2014).
  • Glasgow City Council v Savage (Claim No. HC-2014-00136, High Court, Chancery Division): alleged breach of covenant in a commercial lease; acted for the claimant landlord in an interim application (Instructed by Nabarro LLP, 2014).
  • Friars Bridge Court Ltd v The Secretary of State (Claim No. HT13-33, TCC): acted for the landlord in a terminal dilapidations claim (Instructed by Nabarro LLP, 2014).
  • National Westminster Bank Plc v Sackville SPF IV Property Nominee Ltd (Claim No. 3KT00296, County Court at Central London): acted for the landlord in a commercial lease renewal claim under the Landlord and Tenant Act 1954 (Instructed by Nabarro LLP, 2014).
  • Co-operative Travel Ltd v Bainbridge (Claim No. 1MA02123, County Court at Manchester): acted for the travel agent tenant in a commercial lease renewal claim under the Landlord and Tenant Act 1954 (Instructed by Shoosmiths LLP, 2014).
  • Can Say v Land Securities Group Plc (Claim No. 8NN04679, High Court, Queen’s Bench Division): following a trial as to the validity of the forfeiture of a commercial lease, this was a £2million civil conspiracy claim brought by the former tenant, a litigant in person, in relation to the forfeiture. Successfully struck-out the claim on behalf of the landlord and obtained an order for costs (Instructed by Nabarro LLP, 2013).
  • Roland Gift v Stephen Diggle & Philip Diggle (Claim No. 2CL10441, County Court at Central London): successfully acted on behalf of the celebrity claimant in a claim for an order under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (Instructed by Ashfords LLP, 2013).

For details of further notable cases, please see the Cases section.

Planning Law

Katrina has a wide range of experience in planning work, particularly in relation to cases involving the Health and Safety Executive and in High Court challenges.  Her expertise includes:

  • Advising and representing claimants, local authorities and the Secretary of State in judicial reviews and statutory challenges in the High Court, particularly under sections 288 and 289 of the Town and Country Planning Act 1990 (the “Act”), or where planning issues arise collaterally in civil proceedings.
  • Appearing at public hearings and inquiries, particularly in respect of enforcement action, care homes, housing land supply, gypsy pitches, and health and safety issues.

Recent and notable cases include:

  • Carroll v Secretary of State for Communities and Local Government [2017] EWCA Civ 1315: successfully acted for the Secretary of State, the second appellant, defending a challenge to the grant of planning permission for the change of use from B8 to C3 to the owner/developer of the famous red and white striped house in Kensington. The Court dismissed the neighbour’s challenge and affirmed the principles of R (Mount Cook Land Limited) v Westminster City Council [2003] EWCA Civ 1346 in relation to the materiality of alternative potential uses of a site.  Paul Brown QC represented the first appellant.  For a digest of the case, please see. For an article in The Times, click here.
  • Thorpe-Smith v Secretary of State for Communities and Local Government [2017] EWHC 356 (Admin): successfully defended the Secretary of State in this challenge under s. 288, which concerned a site in an Area of Outstanding Natural Beauty, and was based on the inspector’s alleged material unfairness against the appellant and his treatment of NPPF/14. The case is digested at [2017] JPL 74.
  • Re: Silvertown Tunnel (2016 – 2017): represented the Health and Safety Executive at the DCO examination, click here.
  • Re: Burford Road, Witney, Oxfordshire (2016): s. 78 appeal in relation to a proposed housing development of 270 dwellings in the vicinity of a liquefied petroleum gas plant. Represented the Health and Safety Executive at a 2 week inquiry, whose advice the inspector accepted in her report and the Secretary of State accepted in his decision.
  • Re: Land South of Court Lodge Road, Harrietsham (2015): represented Broxbourne Council at a public hearing.
  • Re: Land at Russell Ride Estate, Cheshunt (2014): appeal against the refusal of planning permission under section 78 of the Town and Country Planning Act 1990. Acted for the local planning authority at a three day public inquiry, defending a decision by members that had departed from officer recommendation.
  • Canti v Lomax & Secretary of State for Communities and Local Government (Claim No. 2BS30359, High Court, Bristol District Registry, 2013): represented the Secretary of State in a claim for breach of an overage agreement, in which the claimant made a collateral challenge to a planning decision. Claim as against the Secretary of State was successfully struck-out part-way through trial and an order for indemnity costs made in the Secretary of State’s favour.
  • Cash v Secretary of State for Communities and Local Government [2013] EWHC 2028 (Admin), before John Howell QC, sitting as a Deputy Judge of the High Court: challenge under section 288 of the 1990 Act, which was the first case to give judicial consideration to paragraph 11 of the new Planning Policy for Traveller Sites. Successfully acted on behalf of the Secretary of State, defending his decision to dismiss a planning appeal.   The case is digested here.

For details of further notable cases and inquiries, please see the Cases and Inquiries sections.

Qualifications

Academic
BA (Hons) English: First Class
Hertford College, Oxford (2003)

MA (Hons) Law: Distinction
University of Bristol (2005)
Two year fast-track LLB, with postgraduate research

Professional
Bar Vocational Course: Outstanding
BPP Professional Education Law School (2006)
Katrina was graded Outstanding in an exceptional 10 out of 13 papers, and was the highest scoring BPP student of Lincoln’s Inn in her year

Lincoln’s Inn Scholarships
Sir Robert Megarry
Lord Denning
Lord Bowen
Hardwicke Entrance Award

Recommendations

In Chambers & Partners 2018 Katrina is ranked in Band 5 for Real Estate Litigation.   She is also ranked as a Tier 4 Leading Junior for Property Litigation in the Legal 500 2018.

She is described by solicitors as being,

“Witheringly bright, extremely determined, and very good on her feet.”

“Very punchy, very bright, and very easy to work with.”

(Chambers & Partners 2018)

“An excellent junior and one to have on your side in a fight.”

(Legal 500 2018)

“A rising star and a real talent who understands her clients’ commercial objectives” (Legal 500 2014 – 2015)

“Great on her feet and also commercial and responsive” (Chambers & Partners 2015)

“Very down to earth and sensible… The client loved her [and] was really impressed” (Chambers & Partners 2014)

“Calm and thorough when dealing with both clients and papers” (Chambers & Partners 2013)

“Outstanding for her tender years… thorough on paper and really feisty in court” (Chambers & Partners 2012)

Publications

Lectures and Seminars

  • ‘Landlord’s Consents: a Brief Guide’ (Freeths LLP, in-house seminar, 2018)
  • ‘The Top Three Property Cases from 2017’ (Veale Wasbrough LLP, in-house seminar, 2018)
  • ‘Adverse Possession and Land Registration workshop’ (Landmark Chambers Real Property Conference, 2017)
  • ‘Unopposed Lease Renewals under the Landlord and Tenant Act 1954: the ‘other terms’, procedure and tactics’ (Landmark Seminar, 2016)
  • ‘Adverse Possession: crime and punishment, or crime and reward?’ (LLB lecture, University of Bristol, 2015)
  • Beginners’ Guide to Forfeiture (Landmark Seminar, 2014)
  • Land Registration: a practitioner’s perspective (LLB lecture, University of Bristol, 2013)
  • Long Leases: Forfeiture and other Modes of Determination: the Nuts and Bolts (Landmark Seminars, 2013 and 2011)
  • Indemnities for Costs under Schedule 8 to the Land Registration Act 2002: the Basis of Assessment (in-house training at HM Land Registry, 2012)
  • Gypsies and Planning: Where Are We Going? Recent Enforcement Cases (Landmark Seminar, 2010)
  • A Practical Guide to Enforcing the Mortgagee’s Security: warrants of possession and problems with third parties (Landmark Seminar, 2009) 

Books and Articles

  • Regular contributor to the Civil Court Service (aka “the Brown Book”)
  • Contributor to the nuisance chapter in the second edition of Wooley et al, Environmental Law (Oxford University Press, 2009)
  • ‘Appealing the Discretionary Grant or Refusal of Relief in Judicial Review Proceedings’ (Judicial Review: A Quarterly Journal, [2009] JR 129)
  • Researcher to Professor Michael Furmston, Cheshire, Fifoot and Furmston’s Law of Contract (Oxford University Press, 15th edition).

Inquiries

Silvertown Tunnel

18/01/2017

Represented the Health and Safety Executive at the issue specific hearings in the Development Consent Order examination for the proposed new Silvertown Tunnel. Please see here.

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Inquiries

Land South of Court Lodge Road, Harrietsham

18/11/2015

s. 78 appeal.  Represented the local planning authority opposing the grant of planning permission.

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Inquiries

Burford Road, Witney Oxfordshire

05/01/2015

s. 78 appeal in relation to a proposed housing development of 270 dwellings in the vicinity of a liquefied petroleum gas plant.  Represented the Health and Safety Executive at a 2 week inquiry, whose advice the inspector accepted in her report and the Secretary of State accepted in his decision found here.

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Inquiries

Land at Russell Ride Estate, Cheshunt

19/11/2013

Appeal against the refusal of planning permission for a housing development under s. 78 of the Town and Country Planning Act 1990.  Acted for Broxbourne Council, the local planning authority, defending a decision by members that had departed from officer recommendation.

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Inquiries

The Elephant & Hippo

14/06/2011

Represented the Health and Safety Executive at a public hearing under section 78 of the Act, against the refusal to grant permission for a new development at the site of a disused public house, within the vicinity of some gas works (June 2011).

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Inquiries

206 Heath Road

01/02/2011

represented the London Borough of Hounslow at an enforcement appeal, successfully defending them against an allegation that an enforcement notice had been fabricated (1 February 2011).

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Inquiries

Everest Way, Heybridge

26/10/2010

Represented Maldon District Council at a two day inquiry under section 78 of the Act against the refusal to grant planning permission for the erection of 30 affordable housing units (26 – 27 October 2010; against Rupert Warren).

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Inquiries

22 St John’s Way

07/10/2010

successfully represented the London Borough of Islington at an enforcement appeal in respect of the unauthorised conversion of a single dwelling into three flats (7 October 2010).

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Inquiries

Heybridge Hall, Heybridge

28/09/2010

Represented Maldon District Council in a section 78 planning inquiry concerning flood risk, against Michael Bedford (1985 call); at issue was whether the proposal passed the Sequential Test in PPS25 (28 – 29 September 2010).

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Inquiries

206 Harrow Road

06/07/2010

Successfully represented the appellant in an enforcement inquiry, by convincing the Inspector that there had been no breach of planning control in the construction of a studio in the appellant’s back garden (6 July 2010).

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Inquiries

Re: Land at Plot 4, The Orchard, Lea Lane, Great Braxted (s.78 planning appeal)

10/02/2010

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Inquiries

Re: The Orchard, Lea Lane

08/02/2010

represented Maldon District Council in a two day section 78 appeal on the refusal of planning permission for a proposed gypsy site (8 February 2010).

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Inquiries

Re: Land at the Junction of Steeple Road, Mayland (against Andrew Fraser-Urquart, 1993 call)

26/01/2010

successfully represented Maldon District Council at a two-day planning inquiry into its refusal to grant planning permission for an extra-care accommodation located outside of the development boundary (26 – 27 January 2010).

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Inquiries

Re: Land at the Junction of Steeple Road and Lea Lane, Mayland (s.78 planning appeal)

26/01/2010

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Inquiries

Re: Land South of Sunnyside, Grange Avenue, Mayland (s.174 planning appeal)

28/11/2009

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Inquiries

Land South of Sunnyside, Grange Avenue, Mayland

28/10/2009

successfully represented Maldon District Council at this two-day planning inquiry concerning enforcement action taken in respect of the unauthorised change of use from an agricultural building to a dwelling (28 October 2009).

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Inquiries

Rudley Oaks, Chelmsford Road, Purleigh, Essex

21/10/2009

successfully represented Maldon District Council at a two-day public inquiry, examining whether a Certificate of Lawfulness for Existing Use or Development should be issued in respect of part of a mixed use property, said by the appellant to be in use as a single dwelling (21 – 22 October 2009).

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Inquiries

Rudley Oaks, Chelmsford Road, Purleigh, Essex

21/10/2009

successfully represented Maldon District Council at a two-day public inquiry, examining whether a Certificate of Lawfulness for Existing Use or Development should be issued in respect of part of a mixed use property, said by the appellant to be in use as a single dwelling (21 – 22 October 2009).

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Inquiries

The Robert Hamill Inquiry

17/08/2009

Junior Counsel to the Inquiry, led by Ashley Underwood QC. This £34 million Inquiry was instigated on 16th November 2004.  Its terms of reference were to inquire into the death of Robert Hamill, a Catholic man who died following a sectarian incident in Portadown in April 1997, with a view to determining whether any wrongful act or omission by the Royal Ulster Constabulary facilitated his death, or obstructed the investigation of it; whether any such act was intentional, or negligent; whether the investigation of his death was carried out with due diligence, and to make recommendations.  The Inquiry completed its final report on 25th February 2011 and recommended that certain persons be prosecuted in relation to the incidents surrounding Mr Hamill’s death.  The Public Prosecution Service for Northern Ireland has acted on those recommendations, and the report will not be published until the outcome of the prosecutions (17 August – 30 November 2009).

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Inquiries

Re: 37 Clarendon Road

07/07/2009

successfully represented Croydon LBC at a public inquiry regarding an enforcement notice served on the appellant for the unauthorised change of use from a single family dwelling to a House in Multiple Occupation, resulting in the enforcement notice being upheld (7 July 2009).

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Inquiries

77 New Bond Street

18/03/2009

advised and successfully represented Westminster City Council in this two day public inquiry of an enforcement appeal under section 174 of the Town and Country Planning Act 1990, concerning the impact of an flat-roofed extension on a listed building (18 March 2009).

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Inquiries

Pale Pitt Farm, Latchingdon Road, Chelmsford, Essex

10/03/2009

represented Maldon District Council in this one day planning inquiry, which examined whether a Certificate of Lawfulness for Existing Use or Development should be granted in respect of a large ‘mobile barn’.  Successfully argued that the Council had been correct to refuse the application, since the barn was so large and physically permanent as to constitute operational development requiring planning permission (10 March 2009).

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Inquiries

Re: 77 New Bond Street (s.174 planning appeal)

24/02/2009

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Inquiries

Re: Pale Pitt Farm, Latchingdon Road, Chelmsford (s.195 planning appeal)

10/02/2009

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Inquiries

18 Wells Street

01/07/2008

represented Westminster City Council at a public inquiry into an enforcement notice, issued in respect of an alleged change of use from a wholesale showroom to a café/sandwich bar (1 July 2008).

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Inquiries

The Robert Hamill Inquiry

01/06/2007

Katrina Yates acted as Assistant Counsel to The Robert Hamill Inquiry

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