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Kate Hencken

Principal Associate

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Languages: French (competent), German (competent)

Kate is a Principal Associate in the Litigation and Dispute Management practice in our London office. 

She focuses on construction and engineering disputes, particularly in the energy, rail, commercial property, retail and food and beverage sectors.

Kate has over 20 years’ experience in complex, high-value construction, engineering and operational disputes. She has a particular focus on the energy, rail, commercial property, retail and food and beverage sectors.

She acts for owners, operators and contractors. Having been seconded to a major infrastructure client to work with its operations and project teams, she sees disputes from the perspective of the client and its business, understanding the need for results and for careful cost management. Her advice is clear, commercial, strategic and pragmatic. She addresses difficult issues up front, ensuring there are no nasty surprises later.

Kate ensures that clients have a roadmap to resolution of their dispute and attends promptly to their needs at every stage of the process.

Clients have described her case analysis as “first rate.”

 “We were all really pleased with Kate’s performance.  All too often the law specialists have some sort of double agenda.  Kate demonstrated in any way she could that this was not true.  More than being on our side, she makes us trust her.  A lot.  Also if I asked her a question, more often than not she gave an answer there and then, and that’s because she’s on the detail….  Her answers were also open and ‘off the fence’, albeit highlighting the risks where necessary.  It’s clear she is very experienced.” 

 “Basically, we were really happy with the service Eversheds provided, not just because of the good outcome we managed to get, but also because of the way in which you helped us.” 

Kate understands the importance of not being stuck in a legal process. Much of her advice is aimed at avoiding disputes before they happen, so that clients can continue “business as usual”.

But where the dispute requires, she has experience of all forms of dispute resolution including litigation, arbitration, adjudication, mediation, expert determination and settlement negotiations.

In her spare time, she enjoys cricket, socialising and travel.

Kate's experience includes:

  • advising a major utility JV on a dispute concerning design and workmanship defects to two offshore wind farms including advice on remedial strategy, calling in a performance bond and running a £50 million LCIA arbitration seeking remedial costs
  • multi-million-dollar litigation and tri-partite mediation regarding design and construction of process plant in the drinks industry (Technology and Construction Court/Commercial Court)
  • litigation relating to cladding and flooring defects to commercial/residential developments, including remedial strategy
  • ICC arbitration on a complex delay claim relating to innovative heavy lifting services at a former nuclear power plant
  • preparation for expert determination and mediation on indemnity and warranty claims concerning defective glazing in a flagship commercial property, raising health/safety and landlord/tenant issues
  • adjudication concerning delay to construction and commissioning of a prime commercial property, including its complex M&E services
  • adjudication regarding termination of a building contract on a major retail refurbishment
  • settling delay, loss and expense claims on a station improvements project
  • advising the owner of two biomass power plants on a range of issues vis-a-vis its EPC contractors, including variations, delay, defects, liability caps, termination, rejection of the works, contractor insolvency, performance bonds and parent company guarantees
  • advice on a biomass fuel supply dispute including issues on withholding payment, force majeure and termination
  • costs to complete, defects, delay and loss and expense claims relating to the floor installation at a major food processing facility, preparing for litigation and mediation, and liaising with technical experts to facilitate remedial solutions
  • advice on expert determination and jurisdictional issues regarding a defective solar plant (Technology & Construction Court)
  • advising a contractor on defects rectification issues and a possible bond call on a middle eastern solar farm project
  • complex rail signalling contract dispute
  • several disputes concerning performance outputs and payment mechanisms on a substantial PPP contract
  • multi-million pound rail dispute between employer and contractor concerning scope of work and payment provisions in rail maintenance contracts
  • strategic advice, leading to settlement of complex claims relating to a market refurbishment project, involving numerous public and private stakeholders
  • assisting in-house lawyer on a day-to-day basis with urgent issues on high profile, distressed ship-building contracts
  • litigation in the Technology & Construction Court concerning the cost to complete civil engineering work on a coal-fired power station project, involving insolvency and parent company guarantee issues
  • advising a major utility on a welding dispute concerning a combined cycle power station
  • advising the owner of a wind turbine test facility on issues arising during testing
  • dispute over design and installation of a paint-spraying plant for the automotive industry (Technology and Construction Court)
  • domestic arbitration concerning a civil engineering contract for town improvements, including applications to stay court proceedings to arbitration
  • payment dispute on a major overseas development
  • advice on delay and indemnity claims relating to the discovery of asbestos in the renovation of a high profile London property
  • dispute over design approval process and contract price fluctuation mechanism on several DBFO (design, build, finance, operate) road contracts
  • expedited Companies Act case regarding the circumstances of resignation of auditors of a construction industry company
  • injunction for an international oil-drilling contractor preventing a call on a bond in the Commercial Court

Kate has presented many times on topics relevant to her field.

  • BA (Hons) French/German, Queens College, Oxford (1988-1992)
  • Legal Practice Course, Nottingham Trent University (1992-1993)
  • Post-Graduate Diploma in Law, Nottingham Trent University (1993-1994)

 

Kate Hencken

Principal Associate

Kate Hencken

Principal Associate

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