Summary

 

Kevin is a seasoned commercial trial lawyer with experience of appearing in courts at all levels, up to and including the Supreme Court.  His practice is focused on commercial litigation, insolvency, and real property litigation. 

 

Whilst Kevin particularly enjoys conducting substantial trials, he is a versatile advocate who is equally at home in the applications court, or arguing a novel point of law before the Court of Appeal.  In all cases, Kevin seeks to adopt a persuasive no nonsense approach to advocacy, based on intensive prior preparation.

 

Before joining the independent bar, Kevin practised as counsel with US-based WilmerHale, one of the world’s leading international dispute resolution practices.  

Practice Areas

 

Commercial litigation and arbitration, including:

 

  • Contractual disputes of all kinds

  • Civil fraud

  • Partnership disputes

  • Banking and finance, especially disputes arising from secured lending and the provision of guarantees

  • Professional negligence

  • Construction claims and adjudication

  • Commercial injunctions, including freezing orders

 

Company and insolvency litigation, including:

 

  • Shareholder disputes

  • Personal and company insolvency

  • Setting aside statutory demands/applications to restrain the presentation of petitions and contested petitions

  • Disputes with office holders

  • Transaction avoidance claims by office holders

  • Directors disqualification proceedings

 

Real property litigation, including

 

  • Title disputes (including adverse possession)

  • Boundary/neighbour disputes

  • Commercial landlord and tenant disputes

  • Residential and commercial forfeiture proceedings

  • Contested lease renewals

  • Mortgages

Notable Cases

 

NaturaStudios Ltd v The New York Laser Clinic Ltd [2019] EWCA Civ 421  Successful (in part) appeal in the Court of Appeal against the decision of a Deputy High Court Judge to permit the claimant to amend shortly in advance of trial.  Kevin was able to secure from the Court of Appeal a substantial adjournment of the trial and, thereafter, appropriate case management directions.  Kevin continues to act for the defendant in this multi-million pound claim arising from the supply six Magma Diode Lasers to the claimant’s chain of clinics.

 

Winter v Hockley Mint Ltd [2018] EWCA Civ 2480; [2019] 1 WLR 1617 Successful appeal against a finding of vicarious liability for deceit on behalf of an office equipment supplier.  The case is authority for the proposition that where a claimant has suffered loss in reliance on the deceit of an agent, the principal is vicariously liable if, but only if, the deceitful conduct was within the actual or ostensible authority of the agent.  This is so even where the agent has acted with the intention of benefiting the principal.

 

Dondore Incorporated v Fetaimia [2018] EWHC 1832 (Ch.)

Successful defence of a possession claim tried over 5 days in the Chancery Division concerning the ultimate beneficial ownership of a £2.5 million flat in Knightsbridge.  The court found that Kevin’s client had entered into an oral agreement with the claimant to purchase the shares in a BVI company that owned the flat, and that the purchase price had been paid to an African company controlled by the claimant.

 

Hockley Mint Ltd v Ramsden & Ors [2018] EWHC 846 (Ch.)

Successful defence of an office equipment supplier against claims of deceit and conspiracy tried over the course of 3 weeks in the Chancery Division.  Whist (having rejected the claims in deceit and conspiracy) the trial judge found Kevin’s client vicariously liable for the fraud of the first defendant, Kevin succeeded in having this decision overturned by the Court of Appeal (see above).

 

Ashley Gardens Freeholds Ltd v Landor (2017) Central London County Court) Successful claim for forfeiture of a long residential lease on the grounds that, by using the flat to operate a B&B business, the leaseholder was in breach of a user covenant prohibiting the use of the flat “for any purpose whatsoever other than as a private residential flat in one occupation”.  The leaseholder was granted relief on terms that she sold the flat within six months of the judgment to avoid the freeholder obtaining a windfall at her expense.  The case received substantial press attention.

 

Hira v Kanzai Securities Ltd [2017] EWHC 2213 (Ch.)

Successful defence of an appeal against an order refusing to set aside a statutory demand where the debtor was arguing that his liability under the personal guarantee did not give rise to a liquidated debt.

 

The Ritz Hotel Casino Ltd v Al-Geabury [2015] EWHC 2294; [2015] LLR 860 Acting for the defendant in litigation with the Ritz Club arising from multi-million pound gambling losses.  The case gave rise to complex issues concerning the duties owed by a casino to a self-excluded customer under the Gambling Act 2005.

The Law Society v Beller [2014] EWHC 3923 (Ch.); [2014] BPIR 1480; [2014] 5 Costs L.O. 683

Successful defence of a claim by the Law Society to recover a fund representing the work in progress of a solicitor’s former practice. The case raised complex issues concerning the relationship between an IVA entered into by the former solicitor and the statutory trust that arose following the Law Society’s intervention in his practice.

 

Szepietowski v The National Crime Agency [2013] UKSC 65; [2014] 1 AC 338; [2013] 3 WLR 1250

Successful appeal to the Supreme Court (led by Romie Tager QC) in what is now the leading case on the equitable doctrine of marshalling. The case also raised complex issues of construction arising from a settlement agreement entered into between Kevin’s client and the National Crime Agency.

 

King v Robertson [2014] UKPC 34.

An appeal to the Privy Council (from the courts of St Vincent and the Grenadines) concerning adverse possession of land.

 

Trident Australasia Pty Ltd v Versabuild LLC [2013] EWHC 4838 (Comm) Security for costs in circumstances where there were no publicly available financial statements relating to the claimant’s financial position.

 

Street v Larkins [2013] EWHC 1408; [2013] 5 Costs L.O. 667

Acting for the defendants in proceedings arising from an alleged family property partnership.  Kevin defeated an application for a freezing order in what should have been the trial window and obtained an order for wasted costs on the basis of the claimants’ unreasonable refusal to agree to an adjournment of the trial.  The case settled shortly thereafter.

 

Re: Legal & Equitable Securities plc. (in Liquidation) [2012] EWHC 910 (Ch.); (2012) 109 (24) L.S.G 22 

A successful challenge to a liquidator’s refusal to admit the applicant as a contingent creditor based on a contractual indemnity.  The case is significant in terms of the meaning of a contingent liability for the purposes of Rule 13.12 of the Insolvency Rules 1986.

 

Re: RC Realisations (2011) Ltd.

Acting for an Italian company in proceedings arising from the decision of the administrators of RC Realisations to refuse to admit a substantial claim.  The case (which settled) concerned the impact of the EU sanctions regime against Iran on two international trade agreements.

 

Beller v Valentine [2011] EWHC 2397; [2012] BPIR 15

Acting for a former solicitor in a claim for outstanding fees against a liquidator in the context of a third-party funding arrangement.  The case is significant in terms of its consideration of the potential liability of an office holder who instructs solicitors in reliance on third party funding.

 

Al Baho & Ors v Meerza [2011] EWHC 2984.

Acting for a Kuwaiti national, a member of the ruling family of Kuwait and a former English solicitor in litigation arising from the sale of a London property.  The dispute gave rise to proceedings in the Chancery Division, the Queen’s Bench Division (for defamation), as well as proceedings in Kuwait.

 

Kinch v Rosling & Ors [2009] EWHC 286. 

Successful claim on behalf of Leicestershire businessman Gilbert Kinch against a former solicitor arising out of a failed bid to acquire Leicester City Football Club.

 

Re: Giambrone Law LLP.

Acting for various claimants in proceedings for professional negligence against a firm of Registered European Lawyers arising from losses suffered in relation to the purchase of off-plan holiday homes in Calabria, including making one of the first successful applications for summary judgment.

 

Simmons Gainsford LLP v Shah [2008] EWHC 2554.

A dispute between a firm of accountants and a former partner in the firm, concerning a claim for the proceeds of a life insurance policy.

Education/Qualifications

Christ Church, University of Oxford: BA Jurisprudence (First Class Honours);

 

Bachelor of Civil Law (BCL).

 

Called to the Bar (1994) Inner Temple.  Major Scholarship and Duke of Edinburgh Scholarship from Inner Temple.

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2010 - present

2010 - present