Catherine Piercy

Introduction & Contact details

Catherine joined Hardwicke after completion of her pupillage, during which she gained extensive experience in all aspects of construction law.   Since joining Hardwicke, she has continued to pursue this interest, as well as developing a practice in chambers’ other areas of expertise.  Her recent work has involved claims for defective work, insurance coverage disputes, insolvency and bankruptcy hearings, road traffic accident trials and possession proceedings.  Catherine regularly appears in the county court and high court in procedural applications, substantive hearings and trials.

Prior to her pupillage, Catherine worked in the finance department at Mayer Brown International LLP.  She assisted on a range of transactions involving derivatives, CDOs, SIVs, asset backed securities and acquisition finance.  She also reviewed financial portfolios and assisted in the restructuring of obligations. 

Qualifications

Catherine's qualifications include the following:

• LLM European Law (University of Nottingham)
• BA (Hons) Jurisprudence (University of Oxford, St. Catherine’s College)
• Bar Vocational Course
• Lord Astbury Scholar, Middle Temple

Professional Associations

Catherine is a member of the following professional organisations:

• Combar

T:     +44 (0)20 7242 2523 (switchboard)
        +44 (0)20 7400 7509 (direct)
F:     +44 (0)207 691 1234
E:     catherine.piercy@hardwicke.co.uk

Construction

Catherine has provided advice and drafted pleadings in relation to claims for defective work.  She has also assisted in advising on claims involving delay and disruption, water damage, recovery of payments and enforcement of adjudicator’s awards.  She has attended adjudications, arbitrations and mediations

Catherine has assisted in high profile disputes in both the High Court and the Court of Appeal.  She particularly enjoyed being part of the team representing the main contractor of the Wembley Stadium and provided research notes and draft orders for the proceedings in the Court of Appeal.  She has also worked on disputes involving party walls, the laying and use of sewerage pipes, defective design and construction works and claims for delay and disruption. 

She has successfully acted for a contractor in a dispute regarding payment for additional works, recovering all sums claimed and a full bill of costs.  Currently, Catherine is assisting in the preparation of a claim regarding the construction of one of the major new buildings in the City.

As marshal to Mr. Justice Coulson, Catherine spent a week in the Technology and Construction Court gaining an invaluable insight into the views of a judge on the most effective way in which to present a case, particularly by interpreting the indications given by the judge as to the strengths of the arguments being advanced.

Commercial

Professional Negligence

Catherine has been involved in negligence claims against a number of professionals including architects, surveyors, contractors and solicitors in both the construction and procurement field.  She is currently advising a lender in relation a professional negligence claim against a prominent firm of solicitors.  She has drafted pleadings and advices, as well as provided research notes for members of chambers. 

Banking and Finance

As part of the Mayer Brown International LLP finance team, Catherine has experience of a wide range of transactional work and as a result of this employment is sensitive to the commercial demands which operate both at a solicitor and client level.  She continues to pursue her interest in corporate work at Hardwicke and has advised on a potential claim for monies due under a settlement agreement where the proposed defendant had been dissolved. 

She has successfully applied for summary judgment in a number of claims in relation to credit card debt, where allegations of breach of the Consumer Credit Act 1974 were made both in relation to the credit agreement and the validity of the notice of default.  She has also defended a major high street bank in a claim for the misrepresentation of interest rates in relation to a savings account and obtained summary judgment in a claim for the return of a bank transfer made in error.  She is currently acting for a lender in a mortgage fraud case, where the fraudster had instructed solicitors to act on behalf of the apparent borrower.

Catherine spent a week with the Honourable Mr. Justice Langstaff observing a trial in relation to a major international fraud committed using a Ponzi scheme. 

Insolvency

Catherine regularly acts for creditors in relation to the service and enforcement of bankruptcy petitions, applications regarding statutory demands, winding up proceedings and order for sale applications.

Catherine also provided draft submissions for the Court of Appeal in a dispute concerning the differences between entering into administration as a result of a court order or as a result of a decision by the directors.  The contract entered into by the parties had not been updated to reflect changes made by the Enterprise Act 2002 and the differences in the routes into administration had consequences in terms of the payments due to subcontractors. 

Procurement

Catherine has a particular interest in procurement disputes and is well equipped to deal with the complex interaction of European and national laws having attained the highest Masters in European Law at Nottingham University.  She has worked on a number of cases representing both tenderers and local authorities.  She drafted an advice in relation to claims against a number of professionals involved in advising on the procurement and tender process for building works where the procedure used was deemed to be in breach of European procurement rules.  She has also assisted in the mediation of a claim involving the provision of temporary staff.

Insurance

Policy Coverage

Catherine advises on coverage issues in relation to various consumer, commercial and reinsurance policies.  Recent cases include:

• Advising a contractor’s professional indemnity insurers in relation to claims made for defective design, workmanship and personal injury.
• Drafting particulars of claim and advising as to quantum in respect of business interruption, loss of stock and property damage.
• Advising an insurer of residential property as to the obligation to act promptly and the indemnity cap for providing alternative accommodation.
• Assisting in a coverage dispute in respect of motor insurance arising as a result of modifications made to the vehicle and incorrect answers on the Proposal Form.

Road traffic accidents

Catherine represents both claimants and defendants in relation to road traffic accident claims in small claims and fast track cases.  She has experience in cases involving credit hire issues and the applicable principles necessary to prove such losses.  She has also settled claims at the door of the court and drafted consent orders for the approval of the court. 

Personal Injury

Catherine has drafted advices and pleadings in claims involving injuries arising from slips and trips and conducted an appeal in the high court in relation to a claim for personal injuries sustained by a customer at a beauty clinic.  Catherine also regularly advises on the appropriate settlement sums for injuries sustained by children and represents such claimants at infant approval hearings. 

Property & Private Client

Catherine has acted in a number of possession claims involving unpaid rent, fraudulent tenancy agreements, unpaid service charges and squatters.  She has successfully applied for interim and final possession orders, warrants for possession, access injunctions and orders of forfeiture. 

Acting for financial institutions. Catherine has also acted in mortgage repossession claims and applications for charging orders and orders for sale. 

Catherine also represents both landlords and tenants in relation to private tenancy agreements and has advised on and acted for parties in relation to claims for unpaid rent, dilapidations and claims for the recovery of deposits both at common law and pursuant to the Housing Act 2004.

Catherine has considerable experience in dealing with litigants in person and understands the additional care such cases demand.