Katherine Hardcastle

Katherine accepts instructions in all of chambers’ areas of practice but specialises in corporate crime and investigations. She regularly appears in her own right, as well as working with more senior members of the Bar.

Katherine is appointed to the SFO A Panel and the Attorney General’s B Panel. She contributes to Blackstone’s Criminal Practice, Millington and Sutherland Williams on the Proceeds of Crime and is a member of the editorial board for Lloyds Law Reports: Financial Crime.

She has particular experience in representing listed companies. She is currently instructed in a number of major SFO, HMRC and Insolvency Service investigations for corporate clients, including FTSE-100, 250 and AIM-listed companies and companies held privately by large funds. She has unrivalled expertise at the Bar in advising defendant companies in Deferred Prosecution Agreement negotiations and proceedings.

In addition to representing corporates, Katherine has advised and represented individual officers and senior employees of companies in major investigations and trial proceedings across international borders. She has extensive experience in representing individuals (traders and brokers) working in the financial sector. Katherine has recently been retained in relation to several investigations concerning the sports industry and the gaming and gambling industries. Katherine also been retained to advise in connection with the criminal aspects of several large-scale competition investigations, including in relation to class-actions.

Katherine is frequently asked to provide ad hoc advice in respect of criminal investigations in the United States and other common law jurisdictions, in cases raising parallel points of law or issues of territoriality. She has particular experience of dealing with extradition issues in this context. She is also regularly instructed in relation to litigation strategy in overseas jurisdictions. Her recent work includes:

 Public / Civil Work

Katherine has significant experience of judicial review and civil proceedings relating to the criminal justice system, especially in cases concerning corporate crime. She has particular expertise in resolving criminal litigation with a view to minimising future civil litigation risks.

 Cybercrime

Katherine has experience of advising corporates and individuals on ‘cybercrime’ issues. She has particular interest in crypto-assets and blockchain and the regulatory implications of these technologies. She has advised on data protection offences and on the commission of offences online via social media.

 Crime

Katherine is regularly instructed to provide advice and representation in criminal matters.  Katherine acted for the Director of Service Prosecutions in the trial of Sgt Alexander Blackman (‘Marine A’), led by David Perry KC, and in the subsequent appeal following referral by the CCRC, led by Richard Whittam KC.

She has been instructed to advise the Director of Public Prosecutions for Mauritius and the Director of Public Prosecutions for the Cayman Islands. She is regularly instructed to advise HM Government on appeals to the Privy Council.

 Inquests

Katherine has a particular interest in inquests involving the criminal justice system and in cases where criminal proceedings have been completed or are in prospect.

Katherine acted for the family of Cheryl James, the trainee who died at Deepcut Barracks in 1995, in the 2016 inquest. She was also instructed by Liberty in the case of Sean Benton, another recruit who died at Deepcut Barracks in 1995, in the proceedings to secure a second inquest. (Led by Alison Foster KC, now Mrs Justice Foster.)

Katherine co-represented the sisters of Anne-Marie Ellement, a Royal Military Policewoman who committed suicide, having been subject to a campaign of bullying following her allegation of rape against two colleagues.

Katherine also has experience of acting for families in prison inquests and subsequent civil claims.

Called 2011.

• Appointed to the SFO A Panel
• Appointed to the Attorney General’s B Panel

• MA (Hons), History, Emmanuel College, Cambridge
• MPhil, History, Emmanuel College, Cambridge
• GDL, Oxford Brookes University
• LPC, BPP