People

Kyle Lawson

Year of Call: 2012

Clerk: Luke Carvalho luke.carvalho@brickcourt.co.uk

Kyle Lawson

Year of Call: 2012

Clerk: Luke Carvalho   luke.carvalho@brickcourt.co.uk

Overview

Kyle has a broad practice that covers all aspects of commercial litigation and international arbitration. He has appeared in the Court of Appeal and in all divisions of the High Court (including the Commercial Court, Chancery Division, Financial List and TCC). He has particular experience of advising on, and acting in, disputes involving banking and financial services, shipping and international trade, insurance and reinsurance, energy and natural resources, professional negligence and conflicts of law.

Examples of current and recent instructions include:

  • The Libyan Investment Authority (Comm), acting for one of the applicants (as junior to Charles Hollander QC) in proceedings intended to deal with the consequences of a dispute as to who is entitled to exercise the functions of the LIA, in the context of the upcoming High Court trials of the LIA’s claims against leading investment banks.
  • Property Alliance Group Ltd v the Royal Bank of Scotland Plc (Financial List), acting for the claimant (as junior to Tim Lord QC) in a banking dispute involving issues as to the mis-selling of interest rate swaps, LIBOR manipulation and the conduct of the RBS Global Restructuring Group (GRG). The case was identified by The Lawyer as one of its "Top 20 of 2016" and is believed to be the most advanced LIBOR manipulation claim currently before the English Courts;
  • Cosmetic Warriors Ltd & Lush Cosmetics Ltdv Gerrie & Hawksley (Chancery Division) [2015] EWHC 3718 (Ch), acting for the defendants in a dispute relating to the valuation and sale of their minority shareholdings in the well-known cosmetics manufacturer and retailer (as junior to Simon Salzedo QC);
  • The Financial Reporting Council v PriceWaterhouseCoopers LLP & Stephen Harrison, acting for the respondents in defence of proceedings brought by the FRC arising out of the administration of Connaught Plc and its subsidiaries (as junior to Tom Adam QC);
  • RC Cayman Holdings Limited v Michael Ryan (Grand Court of the Cayman Islands), acting for the former owner and developer of the Ritz-Carlton Grand Cayman Hotel in a high value dispute relating to the financing of the hotel and its subsequent sale to a New York private equity fund (as junior to Charles Hollander QC);

Kyle is regularly instructed as an advocate and has appeared as sole counsel in trials and interlocutory applications (including applications for summary judgment, injunctions and other interim relief) in both the High Court and County Court and before a variety of arbitral tribunals.

Prior to coming to the Bar, Kyle read law at Pembroke College, Cambridge, where he obtained a Double First and was ranked first in his year in 2009 and seventh in 2010. He graduated from the Harvard Law School in 2011 and was called to the Bar by Lincoln's Inn in 2012.

practice areas

Commercial Litigation

Banking & Financial Services

Property Alliance Group Ltd  v the Royal Bank of Scotland Plc (Financial List), acting for the claimant (as junior to Tim Lord QC) in a banking dispute involving issues as to the mis-selling of interest rate swaps, LIBOR manipulation and the conduct of the RBS Global Restructuring Group (GRG). The case was identified by The Lawyer as one of its "Top 20 of 2016" and is believed to be the most advanced LIBOR manipulation claim currently before the English Courts.

RC Cayman Holdings Limited v Michael Ryan (Grand Court of the Cayman Islands), acting for the former owner and developer of the Ritz-Carlton Grand Cayman Hotel in a high value dispute relating to the financing of the hotel and its subsequent sale to a private equity fund based in New York (with Charles Hollander QC and Tim Johnston).

Robert Daniel & Marilyn Dalton v Merrill Lynch International Bank Limited (QBD), acting as sole counsel for Merrill Lynch in the defence of a claim relating to the alleged mis-selling of AIG Premier Bonds in the period immediately prior to the collapse of Lehman Brothers.

Deutsche Bank AG v Sebastian Holdings Inc (Commercial Court), a high value claim and counterclaim involving foreign exchange and equities trading (as a pupil, assisting David Railton QC, Simon Birt, Thomas Plewman SC, Oliver Jones and Max Schaefer). Kyle was subsequently instructed to provide advice on English law for the purpose of related proceedings in New York.

Energy & Natural Resources

Advising a major operator of oilfields in the North Sea in connection with a claim against an oilfield service company arising out of the design, manufacture, supply and installation of defective electric submersible pumps (ESPs) (with Charles Hollander QC).

TMD Friction UK Ltd v Energy Information Centre Ltd, acting for a leading provider of energy consultancy and brokerage services in proceedings involving, among other things, allegations of fraudulent misrepresentation and non-disclosure (with Charles Hollander QC).

Professional Negligence & Professional Discipline

Kyle has experience of acting for respondents (especially solicitors, accountants, auditors and directors) in professional disciplinary proceedings before a variety of different regulators including the Takeover Panel and the Financial Reporting Council. His recent work includes acting for PriceWaterhouseCoopers LLP (as junior to Tom Adam QC) in defence of proceedings brought by the FRC arising out of the administration of Connaught Plc and acting for the SRA (as junior to Timothy Dutton QC) in proceedings before the Solicitors Disciplinary Tribunal arising out of the phone-hacking scandal at the News of the World.

Shipping & International Trade

Kyle has experience of a wide variety of shipping and international trade matters, including claims relating to, or arising out of, bills of lading, time and voyage charters, cargo damage, the international sale of goods and the CMR Convention. He has recently acted as research assistant to Lord Justice Aikens for the latest edition of Aikens, Lord, and Bools on Bills of Lading. During pupillage, Kyle also assisted Fionn Pilbrow in Standard Chartered Bank v Dorchester LNG Limited ("the Erin Schulte") [2014] EWCA Civ 1382, an appeal to the Court of Appeal which raised a number of points of general importance as to the operation of bills of lading and letters of credit.

Insurance & Reinsurance

Kyle is currently acting (with Stephen Midwinter) in a number of reinsurance arbitrations under the Arbitration Act 1996.

General Commercial Litigation

The Libyan Investment Authority (Comm), acting for one of the applicants (as junior to Charles Hollander QC) in proceedings intended to deal with the consequences of a dispute as to who is entitled to exercise the functions of the LIA, in the context of the upcoming High Court trials of the LIA’s claims against leading investment banks.

Cosmetic Warriors Ltd & Lush Cosmetics Ltd v Gerrie & Hawksley (Chancery Division) [2015] EWHC 3718 (Ch), a dispute relating to the valuation and sale of the shares of two minority shareholders in the well-known manufacturer and retailer of cosmetics (with Simon Salzedo QC).

Perkins Engines Company Ltd & Lloyds Bank Commercial Finance Ltd v Ilkerler Otomotive Sanayai ve Ticaret Anonim & Ors (Commercial Court), a claim relating to the supply of industrial engines raising issues as to the proper construction of Romalpa clauses as well as claims for breach of trust and fiduciary duty (with Charles Hollander QC).

Caterpillar Motoren GmbH & Co KG v Mutual Benefits Assurance Co [2015] 2 Lloyd's Rep. 261, acting for the German subsidiary of the well-known American corporation in its successful claim for payments due under performance bonds and advance payment bonds issued by a Liberian insurance company (with Jasbir Dhillon QC). 

Ilkerler Otomotive Sanayai ve Ticaret Anonim & Ors v Perkins Engines Company Ltd [2015] EWHC 2006 (Comm), acting for the defendant in proceedings brought by its former Turkish distributor which raised issues as to existence of various alleged oral agreements, wrongful termination and implied duties of good faith and fair dealing (with Charles Hollander QC).

IOT Engineering Projects Limited v Dangote Fertilizer [2014] EWCA Civ 1348, a dispute relating to the construction of a US$2 billion fertilizer plant in Nigeria which involved applications to the High Court and the Court of Appeal in which the claimant sought injunctions to restrain the defendant from making demands on a number of performance bonds (with Richard Lord QC).

Stemcor UK Limited v Global Steel Holdings Limited & Mr Pramod Mittal (Commercial Court), a US $142 million claim against the guarantors of a Bosnian steel manufacturer (with Jasbir Dhillon QC).

Wartski Limited v James Stunt, a dispute between the well-known jewellers and antique dealers and a collector of fine art and antiques arising out of the sale of a purple guilloché enamelled gold cigarette case by Carl Faberegé (as sole counsel).

RSM International Ltd v Paul Harrison (QBD), acting for the claimant (as sole counsel) in its successful application for summary judgment and a final prohibitory injunction restraining an ex-employee from violating the terms of a compromise agreement.

Privilege & Confidentiality

Kyle has a particular interest in the law of privilege and confidentiality and he is regularly instructed to advise on, and appear in, disputes relating to these subjects. He has recently acted as junior counsel for the Property Alliance Group in all of it high-profile interlocutory battles with RBS on these issues, including [2015] EWHC 321 (Ch) (confidentiality); [2015] EWHC 1557 (Ch) (without prejudice privilege and waiver); [2015] EWHC 3187 (Ch) (legal advice privilege); and [2015] EWHC 3341 (Ch) (litigation privilege).

International Arbitration

Kyle has extensive experience of acting in arbitral proceedings under a variety of different institutional rules (including LCIA, ICC, the Swiss Rules of International Arbitration and Ad Hoc proceedings under the Arbitration Act 1996). His recent work includes acting in a LCIA arbitration relating to the construction of a US$2 billion fertilizer plant in Nigeria and a substantial ICC arbitration (Miami seat, Barbados Law) arising out of the sale of a network of telecommunication companies in the Caribbean. Kyle is also a contributing author to “SIAC Rules: An Annotation” (edited by Heilbron, Hirst and Reichert), an annotated guide to the arbitration rules of the Singapore International Arbitration Centre (LexisNexis, 2014).

Reported Cases

Property Alliance Group Ltd v Royal Bank of Scotland Plc [2016] 4 W.L.R. 3

Property Alliance Group Ltd v Royal Bank of Scotland Plc [2016] 1 W.L.R. 992

Property Alliance Group Ltd v Royal Bank of Scotland Plc [2016] 1 W.L.R. 361

Caterpillar Motoren GmbH & Co KG v Mutual Benefits Assurance Co [2015] 2 Lloyd's Rep. 261

 

Publications

Kyle acted as research assistant to Lord Justice Aikens for the latest edition of Aikens, Lord, and Bools, Bills of Lading (2nd ed. 2015)

Contributing author to 'SIAC Rules: An Annotation' (edited by Heilbron, Hirst and Reichert) (1st ed. 2014)

‘The Remoteness Rules in Contract: Holmes, Hoffmann and Ships that Pass in the Night’ – King's Law Journal, April 2012

Qualifications and Further Information

Education

Daniel Stewart's and Melville College, Edinburgh (1997-2007)

Pembroke College, University of Cambridge (2007-2010)

Harvard Law School (2010-2011)

BPP Law School (2011-2012)

Qualifications

BA (Hons) Law (2010) (Double First, 1st in year 2009; 7th in year 2010)

LLM (2011) (Private Law, International Commercial Arbitration, Public International Law)

Bar Professional Training Course (BPTC) (2012)

Scholarships and Prizes

Lincoln's Inn

Lord Mansfield Scholarship

Hardwicke Entrance Award

University of Cambridge

The Clifford Chance David Gottlieb Prize (for the best overall performance in Part IB of the Law Tripos)

The E.C.S. Wade Prize (for the best performance in Administrative law)

James William Squire Scholarship

Harvard Scholarship

Pembroke College

The Ziegler Prize (for the best overall performance in law)

The Blackburne Daniell Prize (for the best second-year performance in any subject)

Foundress Prize

Foundation Scholar

Other

The Times/One Essex Court Law Awards (Runner Up, 2012)

The Royal Historical Society's Beazley Prize

Professional Memberships

COMBAR

Kyle is a member of the Young COMBAR committee, a sub-committee of the Commercial Bar Association Executive Committee.

LCLCBA (London Common Law & Commercial Bar Association)

Further Interests

Kyle is a keen sportsman and, prior to coming to the bar, he played golf for the Cambridge University 'Stymies' (2nds) and rugby for Pembroke College and the Harvard Business School.


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