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Practice Summary

Neil Kitchener QC is regularly instructed in the most significant disputes of the day. He has particular expertise in civil fraud, company (litigation and advisory), banking and financial services, energy & natural resources, professional liability and arbitration.

Current and recent cases include;

Acting for the successful Defendant in IQVIA v. Cardiorentis [2022] EWHC 250, defeating a claim for over US$100 million against a Clinical Research Organisation for alleged failures in the conduct of a clinical trial for a new drug to treat heart failure. This was the first ever claim of this kind to come to trial in England (and possibly in any common law jurisdiction) and losing it would have had serious repercussions for the clinical research industry as a whole.

Lonestar Communications v Kaye, Marziano, Cellcom, Polani and Orange
Acting for Orange in Commercial Court proceedings arising out of alleged cyberattacks on a telecommunications company in Liberia. The case is one of The Lawyer’s “top cases for 2022”.

Castle Water Ltd –v- Thames Water Utilities Limited [2021] Bus. L.R. 1452
Acting for the Claimant in a claim for breach of contract against Thames Water Utilities Limited of its non-household retail division of water and sewerage services to CWL. The case was one The Lawyer’s “top cases for 2021”. It settled shortly before trial.  

The Tesco Profit Overstatement litigation [2019 – 2021]
Acting for 58 institutional investors claiming over £440 million from Tesco PLC in respect of its profit overstatement revealed in Autumn 2014. The claim is made under s.90A of the Financial Services and Markets Act 2000 (a statutory provision in respect of which there is no decided authority), and alleges fraudulent misrepresentations by Tesco senior management and their subordinates. The proceedings generated a string of reported judgments. The judgment on the correct legal analysis of the intermediated securities market ([2020] Bus. L.R. 250) has important repercussions for financial services litigation generally and has already been the subject of much academic commentary. The case settled shortly before trial. It was one of The Lawyer’s “top cases for 2020”.

Acting and advising in relation to some of the largest and most high-profile fraud cases worldwide, such as BTA v. Ablyazov (& Ors), Nissan v. Ghosn, Libyan Investment Authority v. Société Générale (and Ors).

Halliburton Co v Chubb Bermuda Insurance Ltd [2021] A.C. 1083
acting for the Claimant in its appeal to the Supreme Court in the leading case on apparent bias in international commercial arbitration.

Koza Ltd v. Koza Altin [2021] 1 W.L.R. 170 (and other judgments)
Acted for the Defendant in hotly contested proceedings concerning the control of the corporate Claimant.

BGC Brokers LP v Tradition (UK) Ltd (QBD) (2020)
Acted for the Defendant, one of the City’s main inter-dealer brokerage firms, in high-value and bitterly fought claims by one of its main competitors. The claimants alleged breaches of confidence and a “team move” of brokers. The case settled during cross-examination of the claimants’ key witnesses.

Acting and advising on boardroom and shareholder disputes including (recently) Petropavlovsk PLC Amigo Holdings PLC, Tonstate Group Ltd [2019] B.C.C. 990.

Recommended by the Legal 500 (Commercial Litigation, Civil Fraud, Company and Partnership and International Arbitration) and Chambers & Partners (Banking & Finance, Commercial Litigation and Civil Fraud). 

"He is incredibly hard-working, responsive and always available. He is savvy, a fantastic strategist and excellent advocate. He's a go-to QC for fraud/injunctive work and in cross-examinations he is one of the best." "He's fantastic on his feet and is a dogged, effective and tenacious advocate." Civil Fraud, Chambers UK 2021/2022

"He really fights the case, he is on top of the facts and he is very strategic." "He is fantastic on his feet." "He is incredibly bright, as well as personable and approachable." International Arbitration, Chambers UK 2021/2022

"Decisive and authoritative, he really homes in on what is important." Commercial Dispute Resolution, Chambers UK 2021/2022

"His intellect and commercial judgement shines through and he is great fun to work with." Civil Fraud, Legal 500 2021/2022

"An incredibly hard-working and tenacious advocate." Banking & Finance, Chambers UK 2021/2022

"An analytical mind and good on paper." International Arbitration, Legal 500 2021/2022

"An outstanding trial lawyer and a terrific personality who fights hard and is great fun to work with." "He obviously knows his way around the courtroom." Commercial Litigation, Chambers Global 2020

"As an advocate he is razor sharp and has a very good appreciation of the law. He is prepared to be adventurous but will always provide a calm assessment of the case." "Neil is very good at wading through material to get to the nub of the issue." Banking & Finance, Chambers UK 2020 

"He's tenacious and will defend his client's and instructing solicitor's position to the end." "He's easy to work with and happy to take questions and discuss. He's also honest and will tell you when something is a bad idea." Civil Fraud, Chambers UK 2020 

"An incredibly well-prepared silk who is very easy to work with and responsive." "Smart, creative and a strong advocate."  International Arbitration (Counsel), Chambers UK 2020

"Displays excellent judgement, and keeps the client's needs at the forefront of his mind." "A man with a lively sense of humour, he's the consummate can-do lawyer who always give a cool, calm assessment of the matter at hand." Commercial Litigation, Chambers UK 2020 

‘Never shies away from a fight and is not afraid of being imaginative.’ Commercial Litigation, Legal 500 2019-20

'A stellar performer.’ Civil Fraud, Legal 500 2019-20

‘An absolutely brilliant advocate, you really don't want him on the other side.' International Arbitration (Counsel), Legal 500 2019-20

"An outstanding trial lawyer and a terrific personality who fights hard and is great fun to work with." "He obviously knows his way around the courtroom." Commercial Dispute Resolution, Chambers UK 2019

"Extremely hard-working and really gets into the detail. He's a fantastic advocate, who's a real rottweiler when you let him loose." "A great team player who wants to win and will fight in the trenches for you." Banking and Finance, Chambers UK 2019

"Very intelligent." "Incredibly responsive and very hard-working. He is a particularly strong cross-examiner." "A fantastic advocate who really gets into the detail."
Civil Fraud, Chambers UK 2019

"Extremely bright and on top of the detail." "He fights the client's claim hard and is great fun to work with." International Arbitration (Counsel), Chambers UK 2019

 ‘A top-level trial lawyer who is great at cutting to the chase.’ Commercial Litigation, Legal 500 2018-2019

‘A lightning rod of enthusiasm and fresh ideas, and a very measured advocate.’ Civil Fraud, Legal 500 2018-2019

‘Sensationally clever but also a very humble and supportive team member.’ International Arbitration (Counsel), Legal 500 2018-2019

"He combines superb intellect with excellent strategic nous and judgement." Chambers and Partners 2018 - Banking & Finance

“A great team player with a ferocious intellect.” Legal 500 – Asia Pacific 2018 – Commercial

Other directoy recommendations include: "Has outstanding tactical and advocacy skills, and is seen by clients as a passionate representative who is always willing to fight their corner."" A great, really energetic cross-examiner.", “The silk of choice for fraud claims.”,  “A first class cross-examiner.”, "He's brilliantly intelligent, quite aggressive in his approach without being reckless, and just great to deal with.", "He is excellent. All over the factual detail and can come up with extremely complex analysis off the top of his head.", 'He sees technical points which other barristers may not pick up and he is extremely hard working.",  'He is confident, self assured and a very skilled, aggressive cross examiner.', "He combines superb intellect with excellent strategic nous and judgment".,  "A courtroom star and an absolute joy to work with. Combines intellectual prowess with a no-nonsense approach to advocacy.", "A tremendously good lawyer and a fantastic fighter who has great human intelligence and intuitively knows the client's needs.