The Legal 500

Position

Barrister specialising in arbitration: acting in a dispute concerning the operation of the national railways of two major east African states (LCIA). Acting in a dispute concerning a shipbuilding contract with an East African State (ICC). Banking and finance: Alfa Telecom Turkey Limited v Cukurova Finance International [BVI claim numbers 072 and 119 of 2007] acting in a major offshore dispute concerning the remedies available to a lender under the Financial Collateral Arrangements (No2) Regulations 2003 and Directive 2002/47/EC on financial collateral arrangements; International Finance Corporation v DSNL Offshore Ltd [2007] 2 All ER (Comm) acting on behalf of a major international oil company in a dispute concerning the remedies available to a judgement creditor; advising property investment funds in the context of the ‘credit crunch’. Disclosure orders: Central African Mining & Exploration Company plc v Bell Pottinger Corporate & Financial Ltd [2007] acting for the respondent in resisting a Norwich Pharmacal application in the context of a failed takeover bid raising issues of justiciability of the acts of a foreign sovereign state in relation to its natural resources. Foreign governments: US v Philip Morris [2004] EWCA Civ 330 representing the US of America in connection with the US’ successful application to take evidence in England under the 1975 Evidence (proceedings in other jurisdictions) Act from a solicitor for use at trial in the US’ RICO claim against leading tobacco companies. Fund management and pensions: representing and advising a wide range of clients (both institutional and private) in connection with claims for damages for breach of duty against pension fund and asset managers, including appearing at trial for the trustees of the Unilever Pensions Fund Trust in their claim for damages against Merrill Lynch Investment Managers, formerly Mercury Asset Management. Injunctions and takeovers: Marks & Spencer Group plc v Freshfields Bruckhaus Deringer (Ch & CA) [2004] 1 WLR 2331, representing Marks & Spencer Group in its successful application for an injunction to restrain solicitors from acting for a proposed bidder on grounds of conflict of interest and protection of confidential information, a case with important implications for takeovers and City practice generally. As junior counsel, Kenneth appeared in the Mannesmann v Goldman Sachs case which raised related issues of confidential information in the context of a contested takeover bid); acting in Motorola v Uzan [2004] 1 WLR 113, representing one of the defendants in a leading case on worldwide freezing orders, disclosure, civil contempt and the court’s powers under s25 Civil Jurisdiction and Judgments Act 1982 (in proceedings ancillary to Motorola’s US RICO claim). Licence agreements: Leofelis SA v Lonsdale Sports Ltd [2007] Ch 451 representing the claimant in its dispute with its licensor concerning exclusive European licence arrangements for the Lonsdale trade mark. Solicitors duties: Conway v Ratiu [2006] 1 AER 487 representing the successful appellants in a libel appeal which raised questions concerning a solicitor’s duty, conflicts of interest and confidentiality; Marks & Spencer Group Plc v Freshfields Bruckhaus Deringer (CH, CA) [2004] 1 WLR 2331. Sports and media law: advising a Premier League football club on media rights contract; advising in connection with branding rights at the national football stadium.

Career

Qualified 1985, Gray’s Inn.

Languages

Fluent French, working knowledge of German.

Education

Rugby; Trinity Hall, Cambridge (BA Cantab 1980, MA Cantab 1984); Harvard Law School (LLM 1981).

Practice Areas

Banking; Insurance (non-contentious); Litigation - commercial