Henderson Chambers | Kathleen Donnelly

Kathleen studied law at Oriel College, Oxford. She worked as a research assistant at the Law Commission of England and Wales and obtained a postgraduate law degree at Queens’ College, Cambridge. She joined Henderson Chambers in 2006.

Kathleen has a broad civil practice, with particular expertise in commercial litigation, health and safety and employment law.

Her high profile cases include the Potters Bar Rail inquest, litigation arising from the Buncefield Oil Depot Explosion, as well as Autoclenz v Belcher (CA).

Health, Safety and Environment

Kathleen represents companies and individuals in civil claims and prosecutions, including where fatalities have occurred. In 2011 she appeared in a high profile HSE prosecution, led by Prashant Popat QC, arising out of a fatal accident at a UK coal mine. In 2010 she acted for a major industry party in the inquest into the Potters Bar Derailment. Kathleen also acted for defendant insurers in the long running Powertrain litigation arising out of an alleged outbreak of disease at the Longbridge car manufacturing plant, which settled in 2010. Kathleen has previously been instructed in respect of the Buncefield Oil Depot Explosion. She has experience of appeals from Prohibition Notices as well as Environmental Protection Act matters, including escape of commercial waste and water contamination.

Representative Cases

HSE v UK Coal, Alstead and Davison. Sheffield Crown Court trial, May – June 2011. Prosecution arising from a fatal accident at Daw Mill Colliery. Acting for an individual defendant, led by Prashant Popat QC.
Powertrain litigation. 2009-10. Long running litigation arising from alleged outbreak of respiratory disease at Longbridge car manufacturing plant (settled in late 2010).
Inquest into Potters Bar derailment. June – July 2010. Acting for major industry party in 8 week inquest, led by Prashant Popat QC.
Buncefield Oil Depot explosion. Acting for a group of local residents suffering property damage and personal injuries by reason of the explosion.

Commercial and Insurance

Kathleen advises, drafts and represents clients in all matters of commercial law and insurance work, including sale of goods, professional negligence and product liability. Kathleen has experience across a wide range of market sectors, and her current cases include work in retail, legal services and telecoms.

Representative Cases

Hunt v Burt Boulton & Haywood. 2010-11. Commercial litigation arising from collapse of a boat mast in high winds. Acting for purchaser of wooden pole allegedly rotten on delivery. (Mediated settlement prior to Court of Appeal).
Bloomer v Kennedys. 2011. Acting for solicitors firm in dispute over liability to pay recruitment agency fees.
Baldwins v Maidstone. 2011. Acting for accountancy firm in case arising from breach of covenants in sale purchase agreement.
NatWest v Kingan. 2010-11. Acting for individual in claim under deed of guarantee defended on grounds of alleged negligent misstatement and advice.

Employment

Kathleen is an experienced employment lawyer and regularly represents both claimants and employers in a range of tribunal, EAT and high court work. She has particular expertise in discrimination, whistle blowing and employee status cases as well as those concerning restrictive covenants. She works across a wide range of market sectors, including financial, IT, telecoms, health and education.

Representative Cases

Flexman v BG Group. Acting for employee in constructive dismissal claim relating to use of social media (LinkedIn).
Bungay v Chandel [2011] EqLR 1130. Acting for director in appeal concerning joint and several liability, and awards of aggravated damages for events post termination of employment.
Westwood v The Hospital Group 2011 EAT. Acting for plastic surgery company in appeal concerning approach to worker status.
Baldwins v Maidstone. 2011, High Court. Acting for accountancy firm in case concerning breach of restrictive covenants in sale purchase agreement.
Rowan Dartington v Davis and others. 2011, High Court. Acting for stockbroking company against former employees for alleged breach of restrictive covenants , confidentiality and database rights.
Crown Talk Communications v Dandy. 2011, High Court. Acting for telecoms company against former employees for alleged breach of restrictive covenants , confidentiality and database rights.
Autoclenz v Belcher [2009] EWCA Civ 1046. Acting for appellant in Court of Appeal (led by Patrick Green) in case concerning employee/worker status and sham contracts.

Public, Administrative and Local Government

Kathleen has recently appeared in a number of applications for judicial review, including in the Court of Appeal in R (Hertfordshire County Council v London Borough of Hammersmith & Fulham [2011] EWCA Civ 77. She recently advised the Official Solicitor in an important case establishing breach of HMRC’s duties under the Disability Discrimination Act 1995 (Haworth v Cartmel [2011] EWHC 36 (Ch)). She has in-house experience, having previously worked on secondment to Hertfordshire County Council’s Corporate Law Department, and provided litigation assistance to the Treasury Solicitor.

Representative Cases

R (Hertfordshire County Council v London Borough of Hammersmith & Fulham [2011] EWCA Civ 77. Meaning of “is resident “ within s117(3) MHA 1983, and application of “ordinary residence” test.
Haworth v Cartmel [2011] EWHC 36 (Ch). Advising the Official Solicitor in case concerning breach of HMRC’s duties under the DDA 1995.

Representative Cases

HSE v UK Coal, Alstead and Davison. Sheffield Crown Court trial, May – June 2011. Prosecution arising from a fatal accident at Daw Mill Colliery. Acting for an individual defendant, led by Prashant Popat QC.
Powertrain litigation. 2009-10. Long running litigation arising from alleged outbreak of respiratory disease at Longbridge car manufacturing plant (settled in late 2010).
Inquest into Potters Bar derailment. June – July 2010. Acting for major industry party in 8 week inquest, led by Prashant Popat QC.
Buncefield Oil Depot explosion. Acting for a group of local residents suffering property damage and personal injuries by reason of the explosion.Hunt v Burt Boulton & Haywood. 2010-11. Commercial litigation arising from collapse of a boat mast in high winds. Acting for purchaser of wooden pole allegedly rotten on delivery. (Mediated settlement prior to Court of Appeal).
Bloomer v Kennedys. 2011. Acting for solicitors firm in dispute over liability to pay recruitment agency fees.
Baldwins v Maidstone. 2011. Acting for accountancy firm in case arising from breach of covenants in sale purchase agreement.
Natwest v Kingan. 2010-11. Acting for individual in claim under deed of guarantee defended on grounds of alleged negligent misstatement and advice.
Bungay v Chandel [2011] EqLR 1130 . Acting for director in appeal concerning joint and several liability, and awards of aggravated damages for events post termination of employment.
Westwood v The Hospital Group 2011 EAT. Acting for plastic surgery company in appeal concerning approach to worker status.
Rowan Dartington v Davis and others. 2011, High Court. Acting for stockbroking company against former employees for alleged breach of restrictive covenants, confidentiality and database rights.
Crown Talk Communications v Dandy. 2011, High Court. Acting for telecoms company against former employees for alleged breach of restrictive covenants, confidentiality and database rights.
Autoclenz v Belcher [2009] EWCA Civ 1046. Acting for appellant in Court of Appeal (led by Patrick
R (Hertfordshire County Council v London Borough of Hammersmith & Fulham [2011] EWCA Civ 77. Acting for local authority re: meaning of “is resident“ within s117(3) MHA 1983, and application of “ordinary residence” test.
Haworth v Cartmel [2011] EWHC 36 (Ch). Advising the Official Solicitor in case concerning breach of HMRC’s duties under the DDA 1995.