Kate Poole

Kate has represented clients at all levels of the judiciary from the First Tier Tribunal to the Privy Council. Recent examples of reported cases that Kate has been involved in include:

• Dean v Secretary of State for Business, Energy and Industrial Strategy, 2017
• The Attorney General v River Doree Holdings Limited, 2017
• Howard and Ors v Chelsea Yacht and Boat Company Limited and the Port of London Authority, 2020
• Annington Property Ltd v Secretary of State for Defence, 2023

Real Estate/development

• Advising an overseas developer on rights of light aspects of their proposed tall-tower development in the City cluster, including due diligence on surrounding titles, registering light obstruction notices and negotiating rights of light and other neighbourly matter agreements.
• Advising an established UK property developer in connection with several of their development sites within the City of London and across Greater London. The developments are generally multi-phased with a mix of residential, retail and commercial space. The work involved carrying out due diligence and agreeing appropriate risk mitigation strategies to address potential development constraints; negotiating and agreeing bespoke insurance policies; registering multiple light obstruction notices against properties with thousands of registered interests; dealing with pre-action correspondence from adjoining owners; negotiating deeds of release and associated neighbourly matter agreements; and advising on the potential impact of scheme amendments after deeds and policies have been completed.
• Advising in connection with the proposed redevelopment of prominent sporting grounds in London. The work involved conducting a detailed review of hundreds of freehold and leasehold properties; preparing a strategy for dealing with rights of light and other potential development constraints; defending and settling injunctive proceedings brought by an adjoining owner; and working closely with the local planning authority to successfully engage s203 powers.

Energy and Natural Resources

• Advising a state-owned energy company and landowners in connection with a high-profile private noise nuisance action brought in relation to the operation of a wind farm in Lincolnshire. The case involved the preparation of extensive expert acoustic evidence addressing amplitude modulation and low frequency tones and was heard in the High Court for 3 weeks before it settled.
• Advising a consortium of developers in connection with their attempted intervention in an appeal of the first successful judicial review of a grant of planning consent for a wind farm in Scotland. The decision had industry-wide implications if upheld due to its interpretation of the consenting requirements under the Electricity Act 1989.
• Assembling a consortium of “interested party” energy providers to jointly participate in the judicial review brought by Tempus Limited against the Secretary of State for Business, Energy and Industrial Strategy regarding the suspension of the UK capacity market.