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Practice Summary

Neil Kitchener QC undertakes a broad range of commercial disputes work including litigation and arbitration, both domestic and international.  His expertise covers banking and financial services, civil fraud and investigations, company and insolvency, energy & natural resources, public law (inc. judicial review) and professional liability cases.  He also handles disputes involving fine art and antiques and matters concerning sports law. Neil is called to the Bars of Nevis and the BVI and has been called in the Isle of Man.

CURRENT AND RECENT CASES INCLUDE

The Tesco Profit Overstatement litigation [2019] EWHC 2858 (Ch)
Acted on behalf of 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 have generated a string of reported judgments (most recently [2019] EWHC 109 (Ch), [2019] EWHC 2858 (Ch), [2019] EWHC 3312 (Ch)), The judgment on the correct legal analysis of the intermediated securities market ([2019] EWHC 2858 (Ch)) has significant repercussions and has already been the subject of material academic commentary. The case is one of The Lawyer’s “top cases for 2020”.

Halliburton Co v Chubb Bermuda Insurance Ltd [2018] I W.LR. 3361
For the Claimant in its appeal to the Supreme Court in late 2019 in relation to apparent bias in international commercial arbitration. Awaiting judgment

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, involving allegations of vicarious liability for economic torts in connection with the alleged cyberattacks. Trial fixed for 2022.

Castle Water Ltd –v- Thames Water Utilities Limited
Acting for Castle Water Limited, a privately-owned water and wastewater retail service provider. The dispute concerns multiple breaches of contract alleged both by and against CWL, in relation to the sale by Thames Water Utilities Limited of its non-household retail division of water and sewerage services to CWL. The case involves thirteen separate heads of claim in contract and tort and two contractual counterclaims raising a host of difficult contractual construction, damages, causation and mitigation issues in a difficult technical context.  

BGC Brokers LP v Tradition (UK) Ltd (QBD)
Acted for Tradition, one of the City’s main inter-dealer brokerage firms, from 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.


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

"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."  Internation 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.