Kirsten is an experienced litigation lawyer who conducts a broad range of mostly High Court commercial litigation but she has experience of representing clients at all levels from the County Courts to the Supreme Court. Her practice is general commercial, mainly Chancery, litigation with particular experience of civil fraud, company and insolvency, professional negligence and intellectual property claims; she is also experienced in emergency injunctive relief.  Her recent experience includes acting for the Claimants in the heavily publicised £132 million claim of Holyoake v Candy, which was named in The Lawyer’s Top 20 Cases of 2017.

  • Shareholders and directors;
  • Creditors and insolvency practitioners;
  • Private clients;
  • Entrepreneurs, start-ups and SMEs;
  • Trustees, beneficiaries and protectors; and
  • Individual and corporate investors.
  • Fraud: acting for the Claimants in the highly acrimonious and publicised nine week trial of Holyoake v Candy, including numerous interlocutory applications such as obtaining the first ‘notification injunction’, its consequential appeal to the Court of Appeal andn applications for a stay of execution and for permission to appeal to the Supreme Court; acting for Claimant car collectors in respect of various claims for fraud and misappropriation of assets in respect of their collection of high value cars, which also included obtaining emergency injunctive relief and committal proceedings; acting for the Claimants in respect of the purchase of a house from an impersonator and related claims for asset recovery and against the impersonator’s solicitors for breach of warranty of authority
  • Commercial litigation: acting on behalf of the Defendants in proceedings disputing the beneficial ownership of shares in a family company and the subsequent inquiry as to the value of those shares; acting for the Defendants in a US$100 million claim arising out of a team move to a competitor company; advising the directors of a company subject to an FCA investigation for a listing on the main market which was allegedly based on false information;  arbitration proceedings in respect of a Sale of Goods Act claim for the sale of a defective cruise ship with defects that were allegedly deliberately concealed; acting for Claimants in various claims in conversion and interference with goods
  • Professional negligence: various professional negligence matters on behalf of Claimants including claims for the wrongful payment out by a solicitor of client monies to a third party; failure by solicitors to notice, or verify with the directors, that instructions from fund managers were fraudulent; neligent tax planning advice; negligent conveyancing advice in respect of failure to advise that a business had no right of way to access its trade collection point; and the negligent under-settlement of a personal injury claim
  • Insolvency: acting for a joint shareholder in a long running MVL involving an unfair prejudice petition, reviewable transactions, proof of debt challenges, assignment of claims and inspection applications; company and personal insolvency matters including statutory demands, bankruptcy and winding up petitions and applications to restrain their presentation, including a successful challenge to a winding up petition by issuing related proceedings in the Magistrates’ Court to dispute the underlying debt (business rates liability orders); various company restoration applications on behalf of former directors, shareholders and insolvency practitioners
  • Intellectual property: acting for the Defendants in the Ukulele Orchestra of Great Britain v The United Kingdom Ukulele Orchestra, an IPEC claim for passing off, trade mark infringement, copyright infringement and performance rights infringement that included successfully defending both an injunction to prevent a tour going ahead and a committal application against the director Defendant for allegedly signing a false disclosure statement; acting on behalf of a German company against a number of UK companies for trade mark infringement and passing off in respect of the sale of copy products advertised using the German trademarks; defending a claim by a large corporation against a London cosmetics chain for the alleged sale of grey goods; acting for the Claimants in respect of a claim for misuse of confidential information and copyright infringement regarding the design of a wind tunnel for the testing of Formula One cars; assisting in the transfer of Gareth Bale from Tottenham Hotspur FC to Real Madrid FC in respect of his intellectual property and registered image rights
  • Defamation: acting for the Defendant company in the successful defence of a defamation claim regarding a statement made as to the impecuniosity of the Claimant; acting in the first case of Twitter libel in respect of allegations of cricket match fixing in the case of Chris Cairns v Lalit Modi

Previous Law Firms:

  • Fladgate LLP
  • Devonshires Solicitors

 

Previous Businesses:

  • Atos Origin IT Services

 

Education:

  • King’s College, London – LLB
  • The University of Law – LPC

Recent awards