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Kennedys

25 FENCHURCH AVENUE, LONDON, EC3M 5AD, ENGLAND
Tel:
Work 020 7667 9667
Fax:
Fax 020 7667 9777
DX:
766 LONDON/CITY
Email:
Web:
www.kennedyslaw.com

London: Dispute resolution

Commercial litigation
Commercial litigation - ranked: tier 8

Kennedys

Kennedys' Ben Aram leads the international arbitration and commercial litigation team in London and focuses on cases with international dimensions; Dino Paganuzzi is recommended for insolvency-related disputes, along with banking and commercial litigation and fraud matters.

Practice head(s):Ben Aram

Other key lawyers: Dino Paganuzzi 

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London: Human resources

Employment: employers
Employment: employers - ranked: tier 6

Kennedys

With particular expertise in the transport and insurance sectors, Kennedys is frequently instructed by employers to handle tribunal proceedings in relation to claims of race discrimination, unfair dismissal, whistleblowing and sexual harassment. On the non-contentious side, the firm has expertise handling TUPE transfers and commercial agreements. 'Approachable and practical' practice head Matthew Leake advises clients, primarily in the transport sector, on issues such as business reorganisations and industrial relations.

Practice head(s):Matthew Leake; Fiona Morgan

Testimonials

'Kennedys is a firm with an excellent and well-deserved reputation for respondent employment law, with a robust but commercial approach to employment and discrimination law issues.'

'Matthew Leake and Fiona Morgan lead the team. They are both characterised by a robust and thoughtful approach; they give clear advice to their clients; and they are excellent collaborators.'

'The service offered by Matthew Leake is second to none. He has an excellent knowledge of the market backed up by pragmatic, practical advice.' 

Key Clients

AIG

RSA

Chubb

South Western Railway

Great Western Railway

Virgin Trains East Coast

Virgin Trains West Coast

East Midlands Trains

Freightliner

Travelers

Stagecoach Bus

London North Eastern Railway

US Risk Group

Wasps RFC

The Growth Company

Work highlights

  • Successfully acted for Great Western Railway in the defence of tribunal proceedings brought by a train driver for race discrimination, constructive unfair dismissal, automatic unfair dismissal on grounds of whistleblowing and unlawful deduction from wages.
  • Instructed by Stagecoach Group’s bus division to advise on high-level employment and associated issues.
  • Acted for Virgin Trains East Coast on the TUPE transfer and associated issues relating to the termination of the previous east coast franchise and the commencement of a new franchise to be operated by London North Eastern Railway.
  • Acted for The Growth Company, a significant operator in the economic development market and associated industries, in various employment tribunal claims including complex discrimination and whistleblowing allegations.
  • Advised train operator GWR on complex outsourcing arrangements regarding its onboard catering facilities including TUPE issues and employee-related commercial terms.

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Health and safety
Health and safety - ranked: tier 1

Kennedys

Kennedys' work in the health and safety sphere spans across all industries, and the practice is much sought-after when it comes to high-profile investigations and prosecutions. Richard Crockford - 'the doyen of health and safety law' - is a key figure and is well-known for his work in the healthcare, rail and public sectors. Daniel McShee - who 'frightens the living daylights out of his opponents' - works for a range of clients across all industries, while another notable name is 'pugilist extraordinaire' David Wright, who is notably skilled in the oil and gas sector.

Practice head(s):Richard Crockford; Daniel McShee 

Other key lawyers:David Wright

Testimonials

'Kennedys is far and away the market leader in the health and safety sector. They are superb in advising clients and making the right tactical and judgement calls during the investigation phase. Once the case gets to court, they bring an unrivalled experience in conducting cases and will always make the client feel completely supported. Simply the best.'

'Richard Crockford is the doyen of health and safety law - he has been involved in acting for defendants in disasters from Clapham to Grenfell and everything in between.'

'Danny McShee is a genius lawyer and master tactician - he frightens the living daylights out of his opponents.'

'David Wright is a pugilist extraordinaire but with a great legal brain to accompany it.'

'Susan Cha, Olivia Tusler, Stephanie Power all are tenacious, diligent and amongst the absolute best of the associates working in this sector.'

'Daniel McShee is arguably one of the UK's top health and safety lawyers.'

Key Clients

Kier Group

Skanska Group

Sodexo Group

Morrison Utility Services Ltd

Stonegate Pubs

Kuehne and Nagel

BMI Healthcare

Network Rail Infrastructure Ltd

Mitie PLC

Otis

Work highlights

  • Acting for B&A Contracts, a tank-cleaning contractor, after three employees lost their lives in an explosion at Chevron's oil refinery in South Wales in 2011.
  • Acting for the MD of Wood Treatment Ltd, which owns the Bosley Mill in Lancashire where a 2015 explosion led to the deaths of four employees.
  • Acting for the Kensington and Chelsea Tenant Management Organisation in the public inquiry and criminal investigations following the Grenfell Tower fire tragedy.
  • Acting for the developer of a luxury residential development beside the Thames in Central London, where a window fell from the penthouse in 2018, fatally injuring a passer-by.
  • Acting for the owner and operator of a giant inflatable slide under investigation by the HSE after a high profile incident involving injuries to a number of children in a park in Woking, Surrey.
Leading individuals

Daniel McShee - Kennedys

Richard Crockford - Kennedys

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London: Insurance

Clinical negligence: defendant
Clinical negligence: defendant - ranked: tier 1

Kennedys

Kennedys boasts a 'first-class team who provides realistic advice' on all issues of risk management, and also offers defendants representation in civil claims and advocacy at inquests. The team acts on behalf of all parts of the healthcare sector, and is often sought by the NHS, individual clinicians and private hospitals, with international private healthcare providers also featuring in its client roster. The 'innovative' Christopher Malla has more than 20 years' experience settling high value claims, and is an expert on quantum issues relating to periodical payments. Nico Fabri has an extensive track record handling multi-jurisdictional cases on behalf of medical malpractice insurers; while Ed Glasgow tends to focus on complex birth injury claims and cases involving paralysis following spinal injury. Former healthcare department head Janet Sayers retired.

Practice head(s):Christopher Malla

Other key lawyers:Ed Glasgow; Nico Fabri

Testimonials

'Kennedys is one of the leading defendant firms, with knowledgeable and committed solicitors and innovative partners.'

'Very strong team that is willing and open to discuss opinions. Nothing is ever too much trouble. They are open and quick to rectify if there are some aspects of the service you are not happy with.'

'Very consistent, keen to work collaboratively and a range of lawyers with different experiences/specialisms.'

'Christopher Malla is knowledgeable and always ready to assist and advise.'

'Nico Fabri is fantastic with clients and works really hard to get the best result possible.'

'Ed Glasgow is very strategic and good at looking at the bigger picture, especially on complex cases.'

Work highlights

  • Liability claim regarding delay in administering medication that was successfully defended at trial, resulting in a saving of around £10m for the NHS.
  • Acting on behalf of defendants in BP v Colchester Hospital University NHS Foundation Trust, an important win assisting NHS Trusts in outlining the scope of duty when taking informed consent.
  • Instructed to advise the Health and Social Care Advisory Service (HASCAS), Betsi Cadwaladr University Health Board (BCUHB) and Welsh Government on the independent inquiry into alleged institutional abuse of patients over three years at Tawel Fan Ward.
Leading individuals

Christopher Malla - Kennedys

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Insurance and reinsurance litigation
Insurance and reinsurance litigation - ranked: tier 1

Kennedys

With a 'willingness to listen and the ability to provide concise and practical advice', the team at Kennedys handles the full spectrum of insurance matters, spanning a variety of sectors and classes of business, alongside its work for major insurers and reinsurers. As well as construction, the firm has dedicated teams focusing on aviation, marine, energy, property, professional indemnity and financial lines work. Praised for his 'great wisdom', Nick Williams leads the practice, which includes political risk expert and 'excellent communicator' David Chadwick, as well as Latin America, Middle East and energy specialist Nick Thomas, and property lawyer Michael Hogg. Trevor Davies undertakes high-value property, product liability and professional indemnity claims, while Alexandra Rodina focuses on aviation matters.T he team recently secured a major boost with the addition of 12 lawyers from Norton Rose Fulbright in June 2018, including highly regarded marine and energy partners Patrick Foss, Chris Zavos and Jo Ward.

Practice head(s):Nick Williams

Other key lawyers:David Chadwick; Nick Thomas; Trevor Davies; Alexandra Rodina; Michael Hogg

Testimonials

'What I like most about Kennedys is the willingness to listen and the ability to provide concise and practical advice even in situations which at first appear complex and difficult to grasp'

'The team really knows and understands their clients and their clients' specific needs. A lot of attention is paid to proactive solutions and to client engagement'

'This team is capable of covering the full spectrum of insurance work - both marine and non-marine. There is real strength in depth and specialist expertise. They are widely respected in the market because they are a one-stop shop for all aspects of insurance and reinsurance work'

'The team knows our business and understands our approach to the market; the lawyers are specialists in insurance law and well-connected'

'Nick Williams has great wisdom and excellent client handling'

'David Chadwick is an excellent communicator and is technically very sound. His commercial acumen is a real plus'

'Michael Hogg is always available, understands how to communicate with us and is able to present complicated legal issues in a businesslike manner. He is not afraid of addressing difficult questions and of voicing concerns he might have'

'Trevor Davies is very well known and highly respected across the market both for domestic and international work. He is superb with clients and instills confidence immediately'

'Trevor Davies is excellent'

'John Bruce has exceptional knowledge and experience, and provides practical advice'

'Andrew Westlake is an outstanding lawyer with an impressive ability to retain facts and figures. He goes the extra mile to deliver exceptional service'

'Tom Stapleton blends robustness and common sense'

'Carole Vernon is experienced, diligent, careful and intelligent'

'Mike Wells shows exceptional experience, wisdom, and great legal knowledge'

Key Clients

Chubb

AIG

Allianz

Aviva

RSA

Aspen

Novae

CNA Hardy

Solicitors Indemnity Fund

Aviation Logistics Network

Swiss Re

Work highlights

  • Instructed by Travelers Insurance and the following market, as project insurers of the Glasgow School of Art, in connection with the devastating fire in June 2018.
  • Representing Metrojet and Allianz in relation to all issues emanating from the Metrojet Flight 9268 incident.
  • Acted for AXA Insurance in a coverage dispute arising out of multiple incidents of theft of stock from the Ted Baker warehouse by an employee over a period of several years.
  • Advising Norwegian insurer Protector Forsikring following the Grenfell Tower tragedy.
  • Acting for Willmott Partnership Homes and their insurers following the discovery, close to practical completion, that a care facility in Basingstoke was structurally unsound.
Leading individuals

David Chadwick - Kennedys

Nick Williams - Kennedys

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Personal injury: defendant
Personal injury: defendant - ranked: tier 1

Kennedys

The liability division at Kennedys 'manages a prodigious' caseload of the highest value and 'most technically challenging' claims and is instructed by a range of leading insurance companies. Tracy Head, whose expertise spans complex stress and large loss cases, leads the catastrophic injury team. Severe brain injury claims, including those concerning locked-in syndrome, vegetative state and altered consciousness, are the key areas of strength for Mark Burton, who is also recognised as 'a market-leading specialist in technology' and its application to the care and rehabilitation of the catastrophically injured. Charles Martin excels in cases of the utmost severity, namely those involving spinal cord and traumatic brain injuries, while Stephen Foster has a particular specialism in the defence of amputation claims.

Practice head(s):Tracy Head

Other key lawyers:Mark Burton; Charles Martin; Joe McManus; Joanne Kelly; Stephen Foster

Testimonials

'The team at Kennedys has a very good understanding of not just the legal aspects of a particular claim but also the commercial and economic. It has, with increasing regularity, identified the correct claims to run to trial and our success rate at trial using Kennedys is very high.'

'Kennedys is a longstanding player in the defendant personal injury sector. It has an excellent understanding of complex injury claims and always provides a robust and forensic defence of claims.'

'Its advice is always tailored to the size and complexity of the claim and it is always looking for innovative ways to resolve claims.'

'It is head and shoulders above its competitors in this marketplace in terms of the breadth of its expertise at all levels of seniority, its commitment to technology and pushing the boundaries of the law and its results in resolving complex and high-value injury claims.'

'Mark Burton drives innovation in claims handling and the use of rehabilitative technologies in catastrophic injury claims.'

'Charles Martin is a highly experienced and robust litigator who is prepared to take matters to trial to secure the best outcome for the client and protect itsreputation in the sector.'

'Joanne Kelly as supervising partner of the team we use at Kennedys stands out, she provides exactly the service we need and has a very good understanding of our business.'

Key Clients

Chubb

Acromas

Aspen

Enstar

Axis

Allianz

Canopius

Newline

CNA Hardy

Allied World

PSV Claims Bureau/Stagecoach

AmTrust

Travelers Worldwide

Work highlights

  • Representing the excess insurers in The X Children v The Minister of Health & Social Service, that has a combined claim value of between £210-332m, and is considered to be one of the largest personal injury claims in European legal history.
  • Acting for Acromas Insurance Company Ltd in an utmost severity claim concerning a teenager who suffered brain injuries and was left quadriplegic following a road traffic accident.
  • Assisting NFU Mutual with a claim and rehabilitation package regarding a Hungarian claimant who suffered a severe amputation.
  • Representing Haven Insurance as the insurer of a car driver who used the vehicle as a weapon to run over his girlfriend, who was left severely brain injured.
  • Represented Aspen Insurance UK in an employers' liability claim, where fundamental dishonesty was alleged and the claim was dismissed in its entirety.
Leading individuals

Mark Burton - Kennedys

Tracy Head - Kennedys

Rising stars

Stephen Foster - Kennedys

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Product liability: defendant
Product liability: defendant - ranked: tier 2

Kennedys

Kennedys is regularly instructed by global insurers, including Chubb, AIG, Allianz, and Zurich, among others to handle high-stakes matters. The team is experienced in handling product disputes in key sectors including pharmaceuticals and medical devices; food and consumer products; and manufacturing. Trevor Davies leads the practice and is a key name for international product liability claims. Samantha Silver is well versed in medical devices, consumer products and pharmaceutical-related matters, while Katherine Proctor's focus is on the property, onshore energy, reinsurance and fine arts area. The group is able to benefit from Mirjam Schorr's dual-qualification in the UK and Germany in cross-border matters. Other key names include Ben Aram and senior associate Karishma Paroha, who can act as a solicitor and barrister. Shane Sayers left the firm.

Practice head(s):Trevor Davies;

Other key lawyers:Samantha Silver; Katherine Proctor; Ben Aram; Karishma Paroha; Mirjam Schorr

Testimonials

'Kennedys has one of the best teams in the London market, with exceptional expertise in cross-border work especially.'

'The team offers pragmatic, efficient, and top-quality advice and has real experts for every type of insurance dispute.'

'Trevor Davies is held in high regard'.

'Ben Aram is an exceptional litigator, who has an incredible depth of subject-matter knowledge, while at the same time always taking a commercial approach to a dispute.'

'Mirjam Schorr is an absolute pleasure to work with and has a real understanding and expertise in cases involving issues of German law.'

'Karishma Paroha is a very good lawyer.'

Key Clients

Chubb

AIG

Hiscox

Zurich

Generali

AGCS

GE Insurance Solutions

DePuy International Limited

Finsbury Orthopaedics Limited

Beko

XL Catlin Insurance

Work highlights

  • The team successfully acted for DePuy in defending and dismissing claims in several jurisdictions, including UK, Austria, Germany and Spain in connection with the worldwide recall of hip replacement products.
  • Defending Witzenmann and insurer XL Catlin against a £2m claim alleging defective stainless steel mesh carcassing in subsea oil well hoses.
  • Acting for Johnson & Johnson, as well as its subsidiary Ethicon, as the manufacturers of gynaecological products, in the Secretary of State for Health and Social Care's review into how the healthcare system has responded to concerns raised about different medical interventions, one of them being the relevant pelvic mesh.
Leading individuals

Trevor Davies - Kennedys

Next Generation Partners

Ben Aram - Kennedys

Rising stars

Karishma Paroha - Kennedys

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Professional negligence
Professional negligence - ranked: tier 2

Kennedys

Kennedys continues to build on the growth of its professional negligence department with the arrival of Paul Castellani from RPC, following several high-profile hires at the beginning of 2018 from Mayer Brown International LLP. It handles complex professional negligence disputes involving legal, construction and technology professionals as well as brokers, accountants and IFAs, and is instructed by a raft of market-leading insurers. Simon Gibson is noted for legal, construction, financial and insurance-related disputes and Martin Chesher handles claims involving solicitors, accountants, architects, surveyors, brokers and management consultants. Christopher Butler is leading on a number of high-profile cladding claims; representing Prater (part of the Lidner Group) and its professional indemnity insurer on a £6m claim brought by Portsmouth City Council was a key highlight.

Practice head(s):Simon Gibson; Paul Carter

Other key lawyers:Martin Chesher; Tom Stapleton; Paul Castellani; David Chadwick; Ingrid Hobbs; Catherine Shuttleworth; Cat Yandell; Christopher Butler; Fleur Rochester; Matt Deaville; Andrew Hogan

Testimonials

Christopher Butler and Ingrid Hobbs are both fantastic.

The team is commercially astute, highly responsive and always willing to go the extra mile.

Key Clients

AIG

AXA XL

RSA

Bar Mutual

Allianz

Arch/Dual

CNA Hardy

Liberty

Neon Underwriting

W R Berkley

Work highlights

  • The team is instructed by KTD Facades on a £5m cladding claim.    
  • The team is acting for the claimant, a high-net-worth individual, in a claim against his accountants and solicitors regarding alleged negligence in the conduct of matrimonial proceedings.
  • The team is representing insurers Allianz and Barbican, and the insured client SRLV Accountants, on a complex, consolidated class-action claim regarding advice relating to ‘film finance’ partnership schemes managed by the Ingenious Group.
  • The team is defending Estera Corporate Trustees (Guernsey) and its financial liability insurers on claims for breach of trust, breach of fiduciary duty and negligence.
  • The team is representing a leading boutique international arbitration and dispute resolution firm of solicitors and its professional indemnity insurers in relation to a claim regarding failed litigation against the claimant's former finance director and auditors.
Leading individuals

Martin Chesher - Kennedys

Paul Castellani - Kennedys

Simon Gibson - Kennedys

Next Generation Partners

Christopher Butler - Kennedys

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London: Public sector

Healthcare
Healthcare - ranked: tier 3

Kennedys

Kennedys boasts an impressive client roster consisting of large NHS and mental health trusts and private healthcare providers. The firm is best known for its strong offering in the mental health field, advising on complex matters raised by the Mental Health Act and Mental Capacity Act, inquests and Court of Protection matters. Department head and mental health specialist Robert Tobin regularly acts on behalf of NHS trusts in high-profile inquests, and is assisted by associate Daniel Freeman, who advises on emergency declarations, inquests, and the training of doctors and psychiatrists on all aspects of mental health.

Practice head(s):Robert Tobin

Other key lawyers:Daniel Freeman

Testimonials

'Outstanding team. Exceptional in terms of responsiveness, expertise and efficiency.'

'Kennedys has vast wealth of talent and experience which allows it a key role in the healthcare litigation sector.'

'Daniel Freeman is a fabulous instructing solicitor. Efficient and incisive with great instinct in this field as to what the underlying healthcare provider requires from its legal team, whether that be the NHS or a private healthcare provider.'

Key Clients

NHS Resolution

Health and Social Care Advisory Service (HASCAS)

Barts Health NHS Trust

North East London NHS Foundation Trust

Spire Healthcare

Work highlights

  • Advised Health and Social Care Advisory Service, Betsi Cadwaladr University Health Board and the Welsh government on the independent inquiry into alleged institutional abuse at Tawel Fan Ward, Wales.
  • Represented an NHS trust before the Court of Protection in a case to decide the treatment of a non-capacitous patient in his best interests.
  • Represented the East Suffolk and North Essex NHS Foundation Trust in a Court of Protection matter that could develop the law concerning the right to consult relatives under the Mental Capacity Act.
  • Provided emergency advice to Cambridge University Hospitals NHS Foundation Trust in a complex case concerning the end of life care of a young pregnant woman, who had suffered a stroke and, over a weekend, became brain stem dead. The issue related to the status and future of the unborn (living) child who remained in utero.
Rising stars

Daniel Freeman - Kennedys

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London: Real estate

Construction: contentious
Construction: contentious - ranked: tier 3

Kennedys

Kennedys' contentious construction offering advises on disputes for a broad base of clients, including funders, employers, contractors, suppliers, insurers and consultants. The team is led by Iain Corbett, who has decades of experience of construction related matters including insurance policy interpretation and disputes. Corbett recently acted for Cambridge Polymer Roofing, alongside fellow partner Paul Carter, on a key case concerning a fire at a school under construction in Lewisham. Michael Hogg has experience advising domestic contractors and employers on construction and engineering matters and was lead partner advising the Norwegian insurer of the Grenfell Tower. Senior associate Louis Foscolo is another name to note.

Practice head(s):Iain Corbett

Other key lawyers:Paul Carter; Michael Hogg; Louis Foscolo

Key Clients

ISG

Bam Construct UK

Hannover

Kier Group

Fletcher Priest

Chubb Insurance Company

Work highlights

  • Advising Protector Insurance, the Norwegian insurer of the Grenfell Tower, on all legal issues arising out of the 2017 fire.
  • Acted for Wilmott Partnership Homes and its insurers following the discovery, close to practical completion, that a care facility in Basingstoke was structurally unsound.

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Contruction: non-contentious
Contruction: non-contentious - ranked: tier 5

Kennedys

Kennedys' non-contentious team advises on infrastructure projects involving power stations, dams, airports, roads, and rail. The practice acts for consultants, contractors and architects, as well as private and public developers, and has a strong presence outside of the UK, most notably in the Middle East and Europe. The team is led by Iain Corbett. A crucial member of the practice is James Shaw, who has decades of experience advising on the drafting and negotiation of construction contracts for a client base including architects, consultants and surety providers.

Practice head(s):Iain Corbett

Other key lawyers:James Shaw

Key Clients

Paul Hastings (Europe) LLP

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Environment
Environment - ranked: tier 5

Kennedys

Kennedys advises on the handling of pollution incidents, land remediation requirements and regulatory investigations regarding environmental compliance. The practice is also experienced in matters regarding noise and nuisance, waste management and environmental permitting, as well as the decommissioning of nuclear reactors and compliance with energy saving and carbon reduction schemes. Practice head David Wright advises on investigations conducted by the Environment Agency.

Practice head(s):David Wright

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London: Transport

Aviation
Aviation - ranked: tier 3

Kennedys

Kennedys has extensive experience in the aviation sector; it has a 'bespoke aviation practice and the partners have a long history of practising in aviation law'. It is experienced in acting for the aviation insurance market; the team is instructed to act on behalf of major airlines by insurers and it is also instructed directly by airlines to advise on uninsured claims, regulatory and transactional matters. The team has been instructed on a number of high-profile losses; it is representing Tatarstan Airlines, and XL-Catlin as lead reinsurer, in relation to all liability claims arising from the crash of Flight 363 at Kazan International Airport in November 2013. Its growing international practice is acknowledged by clients as the team is able to handle complex, cross-border instructions. It also handles cases for business aviation clients, private aircraft owners and flying clubs. Simon Balls heads the aviation liability team. Roger Whipp has joined Clyde & Co LLP.

Practice head(s):Simon Balls

Other key lawyers:Alexandra Rodina; Mark Welbourn; Noelia Mann; Daniel Turner; Reem Bangina; Anya Butler

Testimonials

Mark Welbourn is completely knowledgeable when it comes to aviation law.

Mark Welbourn is very approachable and good at building relationships.

Noelia Mann and her team (Reem Bangina and Anya Butler) are really focused on the client and provide outstanding and flexible resolutions.

 

Key Clients

Etihad Airways

British Airways

Ryanair

AIG

Allianz

Aer Lingus

Eastern Airways

easyJet Airline Company

Aviation Logistics Network

Iberia & Iberia Express / Vueling / Air Nostrum

Work highlights

  • The team is advising Bhoja Air on to all issues arising from the crash of Flight 213 in April 2012.
  • The team is acting for British Airways as lead and sole counsel relating to liability from passenger claims arising from an uncontained engine failure, resulting fire and emergency evacuation of BA 2276 at Las Vegas.
  • On behalf of Etihad the team handles all claims worldwide, apart from in the US, that fall under the Hull All Risk Insurance (Etihad Policy).
  • The team handles all of Malaysia Airlines’ UK flight delay or cancellation compensation claims, and has also advised Malaysia Airlines on a number of regulatory matters.
  • The team advises Ryanair on all civil proceedings, outside of Ireland covered, by Hull All Risk Insurance.
Leading individuals

Simon Balls - Kennedys

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Rail
Rail - ranked: tier 4

Kennedys

Kennedys stands out for its rail regulatory and health and safety expertise, where it advises on criminal investigations, prosecutions and related inquest hearings. Regulatory defence work is a key focus of the department. Employment work for rail sector clients is also a key strength, where the team is instructed by several major train operators; it successfully acted for Great Western Railway in tribunal proceedings brought by a train driver for race discrimination, constructive unfair dismissal and automatic unfair dismissal on grounds of whistleblowing and unlawful deduction from wages.

Practice head(s):Richard Crockford

Other key lawyers:Matthew Leake; Fiona Morgan; Susan Cha

Key Clients

South Western Railway

Great Western Railway

Virgin Trains East Coast

Virgin Trains West Coast

East Midlands Trains

Freightliner

Renown Railway Services

London North Eastern Railway

Bombardier

Work highlights

  • Represented South Western Railway in the successful defence of an appeal to the Employment Appeal Tribunal by a claimant whose claims for race discrimination, unfair dismissal and wrongful dismissal had been dismissed following a part-time strike out application made to the first instance tribunal made at the close of the client’s case.
  • Acted for Virgin Trains East Coast on the TUPE-transfer and associated issues relating to the termination of the previous east coast franchise and the commencement of a new franchise to be operated by London North Eastern Railway.  
  • The team advises London North Eastern Railway (LNER) on employment and industrial relations matters.
  • The team advised Great Western Railway on complex outsourcing arrangements regarding its on-board catering facilities, including considering of TUPE issues and various employee-related commercial terms.
  • The team continues to act for the Freightliner Group on the defence of a group enhanced redundancy payment claim pursued by multiple claimants.

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Shipping
Shipping - ranked: tier 2

Kennedys

The 'proficient' team at Kennedys has recently been bolstered by the arrival of a 12-strong insurance coverage and disputes team from Norton Rose Fulbright, which includes esteemed practitioner Patrick Foss, the 'brilliant' Chris Zavos and Jo Ward. The team is best known for its expertise across shipping disputes, casualty and marine insurance claims where it acts for a raft of blue-chip shipping clients and major insurers. It also offers expertise in the cruise sector, where it handles crisis management and personal injury mandates. Among the team, which 'understands the client's position and speaks plainly about issues', Christopher Dunn has a 'common sense approach with the right amount of aggressiveness when needed to get the job done'; Michael Biltoo is 'never afraid to dive in and take the bull by the horns when working on difficult cases', and senior associate Shaan Burton is 'incredibly thorough'. David Perry has retired.

Practice head(s):Christopher Dunn

Other key lawyers:Patrick Foss; Chris Zavos; Jo Ward; Mark Lloyd; Christopher Dunn; David McKie; Andrew Purssell; Michael Biltoo; Jonathan Evans; Shaan Burton;

Testimonials

'It is constantly looking at new innovations and is aware of the latest developments within the legal arena.'

'The team can be relied upon and will always be at the side of the client when needed.'

Christopher Dunn has unrivalled encyclopaedic knowledge of the law.

Mark Lloyd has a genuine attitude towards every issue; he understands the problems quickly and comes up with a solution even when under immense pressure.

Michael Biltoo stands out for his attitude to detail and great work ethic.

Shaan Burton has a no-nonsense attitude, and an ability to break down a claim and drive it in the right direction to a sensible and commercial result.

'The firm has a strong base in providing coverage advice for insurers involved in cargo and marine liability claims.'

'It has a strong base of experience and knowledge in assisting insurers in handling maritime casualties.'

Key Clients

Pequod

RSA

Beazley Group

Liberty Syndicates

Zurich

Mitsui Sumitomo

CV Starr

Markel

XL Catlin

WE Cox

Leading individuals

Christopher Dunn - Kennedys

Patrick Foss - Kennedys

Next Generation Partners

Michael Biltoo - Kennedys

Rising stars

Shaan Burton - Kennedys

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Travel
Travel: personal injury - ranked: tier 2

Kennedys

Kennedys' travel and tourism team stands out for its 'breadth and depth of experience'. Aided by the firm's international footprint, the team defends a raft of claims for travel industry clients and it is a 'go-to firm for tour operators, travel agents and their insurers'. Claire Mulligan gives 'commercially astute advice' and is experienced in handling high-profile and sensitive cases, and handles inquests following deaths overseas, catastrophic injury claims and class action cases. Mulligan is instructed by ABTA to seek leave to intervene on its behalf in the Supreme Court case, X v Kuoni Travel, which involves an allegation of sexual assault against a hotel employee. Justin Collins handles complex travel claims; he is a 'top litigator with one eye on the detail, and the other on the prize'. Senior associates Kiran Birdi, Zoe Hurley and Gareth Thomas are also key figures for travel injury claims. The team has also advised travel sector clients on GDPR and Brexit-related matters, and handles broader claims for travel industry clients.

Practice head(s):Claire Mulligan

Other key lawyers:Justin Collins; Kiran Birdi; Gareth Thomas; Zoe Hurley; Milena Iyer; Madeline Bertrand

Testimonials

Clare Mulligan is praised for her very good client care, and her ability to see the bigger picture.

A very helpful, friendly team.

Clare Mulligan is an excellent communicator and manages to put anyone she interacts with at immediate ease.

Experts in all aspects of travel law.

Clare Mulligan knows everything and is a great team leader.

Key Clients

TUI UK

ABTA – Association Of British Travel Agents

Touchstone Underwriting (Scheme Covering 450 Tour Operators Such As The Holiday Place, Co-op Travel, Balkan Holidays)

Balkan Holidays Limited (Direct Non Insurance Instructions)

Mark Warner Holidays

Saga Holidays/AXA Corporate Solutions

ABTOI– Association Of British Operators To Italy

Kuoni

Travelopia (Incorporating Brands Such As Exodus)

Virgin Holidays

Chubb/Hilton International Hotels

The Walt Disney Company

XL Catlin (International Team)

AIG Travel

Allianz Insurance Egypt (Hotel Accounts)

Royal Caribbean Cruise Lines

All Leisure Group

No School Travel Forum

Scott Dunn

Southall Travel

Olympic Holidays

Jumbo Tours

Affinity Villas

Steigenberger Hotels

Work highlights

  • The team is advising Aqua Magic Hotel following the deaths of a couple at the hotel in August 2018.
Leading individuals

Claire Mulligan - Kennedys

Justin Collins - Kennedys

Rising stars

Gareth Thomas - Kennedys

Kiran Birdi - Kennedys

Zoe Hurley - Kennedys

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Further information on Kennedys

Please choose from this list to view details of what we say about Kennedys in other jurisdictions.

United Arab Emirates

Offices in Dubai

Argentina

Offices in Buenos Aires

Australia

Offices in Sydney and Melbourne

Belgium

Offices in Brussels

Bermuda

Offices in Hamilton

Chile

Offices in Santiago

Colombia

Offices in Bogota

Denmark

Offices in Copenhagen

East Anglia

Offices in Cambridge

Spain

Offices in Madrid

France

Offices in Paris

Hong Kong

Offices in Hong Kong

Ireland

Offices in Dublin

London

Offices in London

Mexico

Offices in Mexico City

Northern Ireland

Offices in Belfast

North West

Offices in Manchester

Peru

Offices in Lima

South East

Offices in Chelmsford

Singapore

Offices in Singapore

South West

Offices in Taunton

Thailand

Offices in Bangkok

United States

Offices in Miami, Austin, Basking Ridge, Chicago, New York, and Philadelphia

West Midlands

Offices in Birmingham

Yorkshire and the Humber

Offices in Sheffield

Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‚Äėcentre of life test‚Äô in Surinder Singh cases?

    In the recent case of¬† ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan ¬† [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the ‚ÄúRegulations‚ÄĚ). It further found that it is not to be applied when Judges assess ¬†Surinder Singh ¬†cases that appear before them.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.  
  • Can Sole Representatives Be Shareholders?

    The Immigration Rules require that an applicant for a¬† sole representative visa ¬†is not ‚Äúa¬† majority shareholder in the overseas business‚ÄĚ.
  • Immigration Skills Charge - A Guide for Employers

    As a Sponsor, you may be required to pay the Immigration Skills Charge (ISC) each time you sponsor a migrant in the  Tier 2 General  or  Intra-Company Transfer (ICT) Long-term Staff  subcategory.
  • 5 FAQS about paragraph 320(11)

    In applications for entry clearance where the applicant has a negative immigration history in the UK, the application may be refused under the general grounds for refusal, which are found in part 9 of the Immigration Rules. Where an applicant has ¬†‚Äėpreviously contrived in a significant way to frustrate the intentions of the Immigration Rules‚Äô,¬† the application could be refused under paragraph 320(11). In this post we look at five frequently asked questions about paragraph 320(11).¬†
  • Multiple nationality and multiple citizenship (including dual nationality and dual citizenship)

    British nationality law permits multiple nationality and multiple citizenship, including dual nationality and dual citizenship.
  • Applying for Indefinite Leave to Remain in the Exceptional Talent or Promise Category

    The  Exceptional Talent  and Exceptional Promise categories are for individuals who are recognised leaders or emerging leaders in their field of expertise. There are a number of endorsing bodies for lots of different fields of work, including  artists and musicians ,  architects ,  digital experts ,  scientists  and  academics . While there isn’t an endorsing body for every expert, the growing list means that many individuals could enjoy the flexibility that this category has to offer. 
  • PARALLEL PROCEEDINGS ‚Äď CIVIL AND CRIMINAL

    Syedur Rahmanconsiders the factors that determine when civil proceedings can go ahead before,or at the same time as, criminal proceedings relating to the same circumstances.
  • Rights of appeal after the Immigration Act 2014

    The Immigration Act 2014 (‚Äúthe 2014 Act‚ÄĚ) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal.¬†The¬† explanatory notes ¬†to the 2014 Act state that the Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed in s.82 of the¬† Nationality, Immigration and Asylum Act 2002 ¬†(‚Äúthe 2002 Act‚ÄĚ). As explained below, whether or not the refusal of an immigration application currently generates a right of appeal depends on the subject matter of the application rather than its categorisation.