Association of Personal Injury Lawyers
A not-for-profit organisation representing injured people

Katherine Deal QC

3 Hare Court, London

Katherine specialises in all aspects of high value personal injury claims often involving fatal accidents and catastrophic brain injuries of maximum severity. She has a particular expertise dealing with claims arising from overseas accidents, especially those concerning issues of jurisdiction and choice of law. She acted for the claimant in the first ever decision from the Court of Justice of the European Union to consider the scope of Rome II, Homawoo v GMF Assurances (CJEU Case C412/10); as well as in three further references to the CJEU.

She has particular interest in the application by the English court of foreign principles of assessment. She recently settled what is believed to be the largest foreign fatal accident claim ever brought in an English court arising out of the death in France of a commodities trader. As part of her specialism in international claims, she has a growing interest in appeals to the Privy Council, with recent cases involving alleged police brutality in The Bahamas, accidents in the course of employment in Mauritius and stolen aircraft in The Bahamas.

She has considerable experience in jurisdictional disputes and has acted in numerous landmark judgments concerning the direct right to sue foreign domiciled defendants in England, Jones v AGF [2010] IL Pr 4, Thwaites v Aviva Assurances [2010] Lloyd’s Rep IR 661, Panagaki v Minetta SA General Insurance [2015] EWHC 2700 (QB), Keefe v Mapfre & Hoteles Pinero Canarias SL [2015] EWCA Civ 598, Lackey v Mallorca Mega Resorts SL [2019] EWHC 1028 (QB), and Cole v IVI Madrid SL [2019] 9 WLUK 373  .

She has a particular interest and expertise in claims involving disputes of forum between England and other national courts, as in Le Guevel-Mouly v. AIG Europe Ltd [2016] EWHC 1794 (QB). She also has extensive experience in package travel claims, acting for and against all of the major tour operators in claims ranging from mass outbreaks of gastric illness in hotels or on cruise ships to deaths overseas. She is currently acting for over 80 victims of the Tunisia terrorist attack. She is also instructed on behalf of the claimant in the appeal to the Supreme Court in the case of X v Kuoni Travel Ltd [2018] EWCA Civ 938 which is currently subject to a reference to the CJEU, and will clarify the law across the EU as it relates to liability of tour operators for deliberate assaults overseas.

In addition, Katherine acts in a large number of aviation claims. These range from fatal air crashes in Afghanistan to claims arising from faulty ejector seats and seat belt airbags, as well as employers’ liability claims for cabin crew. She was involved in various claims arising out of the Vauxhall helicopter crash, the Germanwings crash, the Jet Airways crash and the Indonesia Air Asia crash, amongst numerous others. She has extensive experience of Convention claims, and has a particular interest in claims arising out of medical treatment on board aircraft. She is currently instructed as sole counsel in an appeal to the Privy Counsel arising out of the theft of an aircraft from a Bahamian airport and the scope of res ipsa loquitur.