Overview
Kate is an experienced and accomplished practitioner who specialises in all areas of criminal law. She is a Grade 4 prosecutor and a member of the Serious Crime and RASSO special panels. Her practice covers the range of criminal offences, including the most serious and complex cases including homicide, international drugs/firearms conspiracies and the range of sexual offences.
She has significant experience as both leading and junior counsel. Kate’s recent cases include prosecuting an attempted murder, being led in two-handed murder case involving baby shaking and leading the prosecution of a multi-handed conspiracy to import Class B. She is also instructed in a range of appellate work including drafting respondent’s notice and appearing in appeals against conviction and sentence.
Kate also has considerable Public Law experience. She has previously been instructed by the Home Office in Asylum appeals and more recently has been instructed in high profile Inquiries including the Grenfell Inquiry and The Post Office Inquiry. She has experience of all areas of law relating to Public Inquiries including providing advice on disclosure matters, preparing questions for witnesses in live hearings and drafting Inquiry reports.
Kate is a consummate professional and a safe pair of hands. She has been commended by the senior judiciary for skilful and sensitive cross examination of a vulnerable witness and for her professional manner in court. She works extremely hard and always gets into the detail of her cases. She also demonstrates an excellent handle on all aspects of the law and procedure including matters such as disclosure, CTL extensions, fitness to plead and hearsay. Counsel who have led Kate in cases have praised her ‘extraordinary work and commitment’ and for consistently producing work of the ‘highest quality’.
Kate writes and speaks in Public on a range of issues related to sexual offences. Her articles have been published nationally in The Evening Standard, Daily Telegraph and Tortoise Media.
Criminal law
Kate has experience of prosecuting and defending all areas of criminal law. Her specialisms within this area include serious sexual offences, conspiracies involving the importation and supply of drugs and firearms and offences involving extreme violence including GBH, baby shaking and homicide.
Recent cases include:
- R v Diallo & Barrie: Prosecution junior this case involving the death of a 2 month baby who died following multiple incidents of abuse including shaking.
- R v Jordan: Sole counsel in a case of attempted murder.
- R v Orishidare and Others: Prosecution junior in a 7 handed conspiracy to supply Class A and firearms.
- R v Keane and Ors: Lead junior for the Prosecution in a conspiracy to import Class B.
- R v Khaleel: Sole counsel in prosecution of serious historic offences on the Defendant’s step-daughter spanning 15 years.
Public law
Kate has considerable experience in a range of matters involving Public Law. She has experience of judicial review, appeals in the Asylum and Immigration tribunals and of Public Inquiries.
Recent matters include:
- The Grenfell Inquiry: Kate was instructed as counsel to the Inquiry.
- The Post Office Inquiry: Kate is instructed to advise on disclosure matters in this Inquiry.
Recommendations
Featured cases
Operation Scole (R v Diallo & Barrie):
Prosecution junior led by Kate Lumsdon KC. This case involved the death of a two month old baby caused by several episodes of forcible shaking. Kate’s work on this case included:
- Drafting a skeleton argument on the admissibility of phone evidence.
- Assisting with the drafting of the opening.
- Advocacy in various hearings including extensions of CTLs, bail applications and case management hearings and presenting evidence to the jury during the trial.
- Preparation of all presentational material including the timeline.
- Assisting with the presentation of complex medical evidence from various pathologists.
Operation Venetic (R v Orishidare and Ors):
Prosecution junior in a 7-handed conspiracy to supply 100kgs of Class A and Firearms. This case is part of Operation Venetic where encrypted material from Encrochat phones was provided to the NCA by the French Gendarmarie. Work done on this case includes:
- The preparation of and advising on key presentational material for the case including the timeline.
- Preparation of agreed facts.
- Advocacy including applying to extenb CTLs, bail applications and multiple case management hearings.
- Considering issues on admissibility of the encro-chat material.
- Responding to section 8 applications.
- Conducting the sentencing hearing for multiple defendants for the prosecution.
R v Keane and Ors
Leading prosecution counsel in a 4-handed conspiracy to import Class B. This case involved the transportation of drugs into the UK via Tilbury docks. Work included:
- Trial advocacy including cross examination of multiple defendants.
- Responding to an application relating to fitness to stand trial, including cross examination of expert witnesses, when one defendant had a mini-stroke during the trial.
- Presenting complex phone evidence including cell-site, ANPR and tacograph evidence.
- Dealing with extradition matters relating to a Defendant who had absconded to Thailand.
R v Khaleel
Sole prosecutor in serious and complex case involving historic sexual abuse in which the Defendant perpetrated a campaign of rape and sexual abuse on his two step-daughters. Work on this case involved:
- Dealing with bad character applications relating to domestic violence perpetrated against the victims’ mother and brother.
- Resisting a s.41 application.
- Handling of extremely vulnerable witnesses.
- Cross examination of one of the step-sister who became hostile witness.
- Dealing with complex sentencing proceedings during which the Defendant was convicted and sentenced to 20 years imprisonment
Education
- BPP Law School Bar Vocational Course (Very Competent) 2003-2004
- BPP Law School Post Graduate Law Diploma (Commendation) 1999-2002
- University of Newcastle upon Tyne BA Hons History and Politics (2:1) 1991-1998:
- Tudor Hall School A-Levels (2As, 2Bs), GCSEs (2A*, 7As)
Appointments / Secondments
- Grade 4 Prosecutor
- Appointed to the RASSO panel
- Appointed to Organised Crime Panel
- Junior Counsel to the Grenfell Inquiry
- Counsel for the Home Office Immigration and Asylum Appeals Team
- Counsel for the Home Office Specialist Appeals Team
- CPS Secondment London South & Portsmouth
Publications
Kate writes and speaks in public on a range of issues related to criminal law and sexual offences. Her articles have been published nationally in the Evening Standard, Daily Telegraph and Tortoise Media. Links to Kate’s published articles include:
Article on video-recorded consent for the Evening Standard:
Article commenting on allegations of sexual abuse against Michael Jackson published by the Telegraph:
https://www.telegraph.co.uk/music/artists/michael-jackson-alive-confident-jury-would-find-guilty/
Article commenting on the trial of Harvey Weinstein in Tortoise Media:
https://www.tortoisemedia.com/2020/03/17/200316-primary-sources-weinstein-sentences/
Testimonials
“Kate has worked incredibly hard on a complex 7-hander Operation Venetic case involving large quantities of drugs and firearms. Her grip of the case and law when opposing bail applications, applying for CTL extensions, drafting sentencing notes and an unduly lenient sentence advice has shone through. Kate is a consummate professional and a safe pair of hands. I look forward to working with her on future cases.”
Instructing Solicitor (Serious Crime Division CPS) in Operation Venetic
“Kate was fabulous, she worked tirelessly on the case and her hard diligence and hard work paid off”
Officer in the Case R v C (Historic sexual offences)
“Miss Fortescue’s cross examination was sensitive and skilful and I commend her for her professionalism in this case.”
Judge in the trial of R v Khaleel when commending Kate following the trial.
News
Three new Grade 4 Prosecutors announced
Chambers are pleased to announce that Suki Dhadda, Kate Fortescue and Robert Forrest have been appointed Grade 4 Prosecutors by the Crown Prosecution Service. ...
Kate Fortescue prosecutes voyeur Doctor
The NHS anaesthetist was convicted of spying on a 15 year old girl taking a shower through a hole in a ceiling. The case...
Kate Fortescue – If Michael Jackson were alive, I’m confident a jury would find him guilty.
Kate Fortescue reports on the recent Michael Jackson documentary - https://www.telegraph.co.uk/music/artists/michael-jackson-alive-confident-jury-would-find-guilty/
Kate Fortescue has article on consent published in the Evening Standard
The article, published on 22nd October 2018, deals with the issue of consent and how it applies in cases involving sexual offences. The full...
Crime Team
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