"An experienced High Court and tribunal advocate. She is noted as being a hard worker who gets results for her clients"

Chambers UK

Kate Balmer

Year of Call: 2009

"An experienced High Court and tribunal advocate. She is noted as being a hard worker who gets results for her clients"

Chambers UK

Kate Balmer

Year of Call: 2009

"An experienced High Court and tribunal advocate. She is noted as being a hard worker who gets results for her clients"

Chambers UK

Kate Balmer

Year of Call: 2009

Kate Balmer

"An experienced High Court and tribunal advocate. She is noted as being a hard worker who gets results for her clients"

Chambers UK

Kate Balmer

Year of Call: 2009

Kate's principal areas of practice are employment law and commercial litigation, including employment-related tax.  She frequently represents clients in the Employment Tribunal and High Court and is also developing an appellate practice in the Employment Appeal Tribunal.  Kate has been instructed as junior counsel in the Court of Appeal on several occasions and, in 2016, is due to appear as a junior in the Supreme Court.

Kate is listed in Chambers UK 2016 as an 'Up and Coming Leader in their Field' for Employment.  The directory describes Kate as "an experienced High Court and tribunal advocate" who is "diligent, clever, good with clients and great at cross-examination, she's everything you want in a junior barrister".

In 2013, she was appointed Junior Counsel on the Attorney General's C Panel.

Kate is a contributing author to Tottel’s Discrimination Law (Bloomsbury Professional) and has had various articles published.

  • Recommendations

    Represents high-profile employers and large banking institutions in all manner of employment matters, with specific focus on issues involving tax complications. She is highly regarded for her impressive client-handling skills.  "She is an excellent junior counsel who keeps on growing in her practice." "She is exceptionally good with clients - she puts them at ease and is responsive." Successfully defended Network Rail in an equal pay and unlawful deductions claim brought by employees following contested job-banding after a TUPE transfer from Amey. - Employment, Chambers UK 2017

    "Her forensic analysis and eye for detail are excellent" - Tax: Corporate, Legal 500 2016

    "Practises in employment, commercial and tax law, and is an experienced High Court and tribunal advocate. She is noted as being a hard worker who gets results for her clients. "Diligent, clever, good with clients and great at cross-examination, she's everything you want in a junior barrister." "She's an absolute joy and is very approachable, and very easy to work with." Acted for Barclays Bank in a claim brought by a former employee alleging disability discrimination, part-time worker discrimination and unfair dismissal." - Employment, Chambers UK 2016

    "A baby junior who is widely considered to be able well beyond her years of call. She has standout expertise on the crossover between employment and tax. Expertise: "Absolutely fantastic and very tenacious in cross-examination." "She produces Rolls-Royce witness statements, has a very nice style with witnesses and judges, and always delivers."" - Employment, Chambers UK 2015

    "Kate achieved an excellent result and did a fantastic job presenting the case. The client was over the moon with the result and went out of her way to tell me how impressed she had been with Kate" - Partner, Clyde & Co.

    "Kate’s work was excellent. The standard of her preparation, advocacy and client care has undoubtedly helped us re-enforce our relationship with an important client" - Baites Wells and Braithwaite

    "Kate did a stunning job. I was really impressed with her cross examination and submissions.  Very good client and witness handling skills too." - Instructing Solicitor, City firm

  • Employment

    Add to Portfolio

    Kate is listed in Chambers UK 2016 as an 'Up and Coming Leader in their Field' for Employment.

    She regularly represents clients in high value and multi-day tribunal claims and has appeared on a number of occasions in the High Court and EAT.  Kate's clients include international airlines, high street chains, supermarkets, banks, beauty brands, health care providers, charities and a wide range of public and private sector clients and private individuals.  Recent cases of interest include:

    Appeals and High Court

    • Reed Employment (2015) - appeared as junior counsel in the Court of Appeal in a high value emloyment status case. Led by two QCs from others chambers
    • Salisbury NHS Trust v Wyeth (2015) - successfully appeared on behalf of the Appellant NHS Trust in the Employment Appeal Tribunal in a case concerning whistleblowing causation
    • McKinney v London Borough of Newham [2014] UKEAT 0501 - successfully appeared on behalf of the Respondent in the Employment Appeal Tribunal on an interesting and widely reported case concerning time limits in whistleblowing detriment claims
    • N v F (2014) - appeared pro bono on behalf of the Appellant in the Employment Appeal Tribunal


    Employment Tribunal

    • M v P (2015) - representing the Respondent, a police force, in an ongoing sexual orienation discrimination and victimisation claim
    • H v P (2015) -  successfully represented the Respondent, a high street fashion retailer, at a number of hearings (including the full hearing) in a factually complex unfair dismissal and race discrimination claim
    • J v E (2015) - successfully represented the Respondent, an international airline, in a race discrimination claim involving more than 20 allegations of discrimination
    • N v S (2015) - successfully represented the Respondent, a well known club, in an unfair dismissal claim
    • Various v M (2015) - successfully represented the Respondent, a high street retailer, in a number of different unfair dismissal and discrimination claims
    • P v N (2014) - successfully represented the Respondent, a government agency, in a five day religious belief discrimination claim
    • P v D (2014) - successfully represented the Respondent, a government agency, in a four day disability and unfair dismissal discrimination claim
    • P v G (2014) - successfully represented the Respondent, a national company, in a multi-day unfair dismissal claim.  Kate was complimented by the Judge for having presented the case "professionally" and "very clearly"
    • W v S (2014) - successfully represented the Respondent, a construction company, in a multi-day age discrimination and unfair dismisasl claim
    • X v M (2014) - successfully represented the Respondent, a police force, in a multi-day disability discrimination and unfair dismissal claim


    Advisory Work

    Kate regularly provides advice on employment issues, both orally and in writing.  Her recent advisory work has included, for example:

    • (2015) Advising an insurer on employment status for the purpose of vicarious liability
    • (2014) Advising various government departments on employment issues
    • (2013) Advising on quantum in a high value wrongful dismissal claim in the High Court


    Grievance and Disciplinary Investigations

    Kate has experience of acting as an independent investigator in grievance and disciplinary cases.  Recent grievance investigations carried out by Kate have included allegations of bullying, harassment, race discrimination, sex discrimination, equal pay, breaches of flexible working legislation and victimisation.

    Seminars and Publications

    Kate is a contributing author to Tottel’s Discrimination Law (Bloomsbury Professional) and has been published in the Employment Lawyers Association briefing and Glamour Magazine.

    Kate has also given seminars on various topics including:

    • The Equality Act 2010: Key Points and Practical Implications
    • The Removal of the Default Retirement Age
    • Quantification of Personal Injury Damages in the Employment Tribunal
    • Whistleblowing 2015:  Key Case Update
       
  • Tax

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    Kate regularly advises and represents HMRC and taxpayers in a broad range of tax litigation.  Kate has appeared, without a leader, in multi-day cases before the First-tier tax Tribunal ("FTT").  She has also been instructed as a junior in tax cases before the FTT, Upper Tribunal ("UT") and Court of Appeal. 

    Kate is ranked as a Leading Junior in 'Tax: Corporate'. "Her forensic analysis and eye for detail are excellent" - Legal 500 2016
    Chambers UK 2016 describes Kate as a barrister who "practises in employment, commercial and tax law, and is an experienced High Court and tribunal advocate". Chambers UK 2015 also described Kate as having "standout expertise on the crossover between employment and tax".

    Kate is a member of the Attorney General's Panel's C Panel and a member of the Revenue Bar Association.

    Kate’s recent tax cases include:

    • Eclipse v HMRC (2016) - instructed to appear as junior counsel in the Supreme Court in 2016 on a matter concerning the interpretation of the tax tribunal rules
    • Reed Employment Group v HMRC [2015] EWCA Civ 805 - successfully appeared as junior on behalf of HMRC in a £158m employment status case in the FTT, UT and Court of Appeal
    • J v HMRC (2015) - represented HMRC in the FTT on the first case dealing with the interpretation of the residential property exemption for self-invested pension schemes (judgment awaited)
    • JT & Ors v HMRC (2015) - appeared as junior counsel to Akash Nawbatt in the FTT on the first case dealing with the Managed Service Company legislation (judgment awaited)
    • D v HMRC (2015) - instructed as junior counsel for HMRC in a company residence claim
    • Hutchings v HMRC [2015] UKFTT 9 (TC) - successfully represented HMRC in the FTT on the first third party inheritance tax penalty claim
    • H v HMRC (2015) - representing the Appellant as junior counsel to Jolyon Maugham QC in a complex tax appeal involving capital gains, income tax and VAT


    Kate has had a number of tax articles published, including:

    • Big business - Jonathan Fisher QC & Kate Balmer tackle mediation in larger scale tax cases, New Law Journal, January 2012
    • 'Mediation in larger scale cases: taxpayers should beware of the emperor bearing gifts' in the Tax Journal, November 2011


    Kate has also given the following seminars and talks on tax litigation:

    • Tax Tribunal Tactics and Procedures, with Akash Nawbatt QC and Chris Stone
    • HMRC Litigation Strategy and ADR with Jonathan Fisher QC
       
  • Additional Information

    Add to Portfolio

    Kate is able to provide advice and representation in general civil litigation, including personal injury; particularly where such matters overlap with employment issues.  Kate has experience of dealing with stress at work and personal injury claims arising out of discrimination.

    Personal Injury

    Kate's personal injury work has included, for example:

    • B v MJ - providing ongoing advice and representation to a government body in respect of a complex, high value claim for chronic pain at work
    • X v MD - advising a government body in respect of a high value neck injury claim
    • CEVA Logistics Limited v Mark Anthony Lynch & Others [2011] EWCA Civ 188 – appearing in the Court of Appeal as junior to Bruce Silvester
    • L v B – successfully representing the Claimant in a fast track employers’ liability claim
    • T v KP - advising on quantum in an international travel matter involving 336 claimants
    • P v T - drafting a High Court Schedule of Loss, including complex loss of earnings, for a professional claimant
    • S v MoD – instructed, pre-trial, as junior to Robert Weir QC in high profile claims against the MoD


    Other Civil Work

    Kate also has general civil and commercial experience including:

    • Representing both claimants and respondents in the County Court on numerous matters, including contractual disputes and enforcement proceedings
    • Advising on County Court discrimination proceedings in relation to goods facilities and services and premises
    • Appearing before a High Court Master on behalf of an interpleader claimant
    • Appearing before a High Court Master on a jurisdictional issue in relation to a High Court claim
    • Appearing in the Companies Court on various occasions for both claimants and respondents
    • Drafting a Defence in a High Court restrictive covenant claim
       

Appointments

Appointed to the Attorney General's Panel of Counsel (C Panel) in 2013

Awards and Scholarships

2009 - Highest Mark in Advanced Civil Litigation

2008 - Clyde & Co Prize for the Highest Mark in Tort

2008 - Harmsworth Scholarship, Middle Temple (£10,000)

2007 - Outstanding achievement in undergraduate studies (£5,000)

Education

BA in Politics and History (First Class)

Graduate Diploma in Law (Distinction)

Bar Vocational Course (Very Competent)

Personal Interests

Kate is a keen amateur actress and sports enthusiast.  She holds a a black belt in Karate and, in 2015, ran the London Marathon on behalf of Barnados.  Kate is also involved with a number of charities and volunteers as a Girl Guide Leader in her local area.