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 which covers all aspects of commercial litigation and international arbitration. He regularly appears in all divisions of the High Court (including the Commercial Court, Chancery Division and Financial List) as well as in arbitrations under a wide variety of institutional rules (including LCIA, ICC and ad hoc), both led and unled. 

Examples of current and recent instructions include:

  • The Lloyds/HBOS Group Litigation (Chancery Division) – acting for Lloyds (with Helen Davies QC and Tony Singla) in defence of group litigation brought by a number of shareholders arising out of Lloyds’ acquisition of HBOS in 2008, listed for a 12-week trial in late 2017 (one of The Lawyer’s “Top 20 Cases” of 2017).
  • Property Alliance Group Ltd v the Royal Bank of Scotland Plc (Financial List) – acting for the claimant (with Tim Lord QC) in the first civil claim arising out of the ‘LIBOR-fixing scandal’ to be tried before the English courts (one of The Lawyer’s “Top 20 Cases” of 2016). The case gave rise to a number of interlocutory judgments, including a series of significant decisions on disclosure and privilege (see e.g. [2015] EWHC 321 (Ch), [2015] EWHC 1557 (Ch), [2015] EWHC 3187 (Ch) and [2015] EWHC 3341 (Ch)) and the leading judgment on contested transfers to the Financial List (see [2016] EWHC 207 (Ch)).
  • The Libyan Investment Authority (Comm) – acting for one of the applicants 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 major High Court trials of the LIA’s claims against leading investment banks (with Charles Hollander QC).
  • Cosmetic Warriors Ltd & Lush Cosmetics Ltd v Gerrie & Hawksley (Chancery Division) – 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 (with Simon Salzedo QC).
  • RC Cayman Holdings Ltd 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).

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 different 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

Kyle has broad practice which covers the full spectrum of commercial work undertaken in Chambers. He has particular experience of advising on, and acting in, disputes involving banking and financial services, professional negligence, company law, shipping and international trade, insurance and reinsurance, energy and natural resources and conflicts of law.

Commercial Litigation

Banking & Financial Services

The Lloyds/HBOS Group Litigation (Chancery Division) – acting for Lloyds (with Helen Davies QC and Tony Singla) in defence of group litigation brought by a number of shareholders arising out of Lloyds’ acquisition of HBOS in 2008, listed for a 12-week trial in late 2017 (one of The Lawyer’s “Top 20 Cases” of 2017).

Property Alliance Group Ltd v the Royal Bank of Scotland Plc (Financial List) – acting for the claimant (with Tim Lord QC) in a high-profile 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 (which was identified by The Lawyer as one of the “Top 20 of 2016”) was the first civil claim arising out of the ‘LIBOR-fixing scandal’ to be tried before the English courts. It gave rise to a number of interlocutory judgments, including a series of significant decisions on disclosure and privilege (see e.g. [2015] EWHC 321 (Ch), [2015] EWHC 1557 (Ch), [2015] EWHC 3187 (Ch) and [2015] EWHC 3341 (Ch)), as well as the leading judgment on contested transfers to the Financial List (see [2016] EWHC 207 (Ch)).

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.

General Commercial Litigation

The Ontario Teachers’ Pension Fund v Macquarie Infrastructure and Real Assets Europe Ltd – acting for the defendants in injunction proceedings arising out an alleged breach of contractual and equitable duties of confidence (with Graham Dunning QC).

The Libyan Investment Authority (Comm) – acting for one of the applicants 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 major High Court trials of the LIA’s claims against leading investment banks (with Charles Hollander QC)

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 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 Ltd 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.

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 is regularly instructed 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 in this area includes acting for PriceWaterhouseCoopers LLP in defence of FRC proceedings arising out of the administration of Connaught Plc (as junior to Tom Adam QC) and in proceedings arising out of the administration of RSM Tenon Group Plc (as junior to Simon Salzedo QC).

Kyle has previously acted 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 also acted as research assistant to Lord Justice Aikens for the latest edition of Aikens, Lord, and Bools on Bills of Lading.

Insurance & Reinsurance

Kyle has acted (with Stephen Midwinter QC) in a number of reinsurance arbitrations under the Arbitration Act 1996.

Privilege & Confidentiality

Kyle has a particular interest in the law of privilege and confidentiality and he is regularly instructed in both contentious and non-contentious work relating to these subjects. He recently acted as junior counsel for the Property Alliance Group in all of it high-profile interlocutory disputes 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 acted in numerous arbitrations under a wide variety of institutional rules (including LCIA, ICC, the Swiss Rules of International Arbitration and ad hoc proceedings under the Arbitration Act 1996). He also has experience of related court applications in support of arbitral proceedings (whether seated in England or elsewhere), including applications for interim relief under s.44 and applications under s.67, 68 and 69 of 1996 Act.

His current and recent work in this field includes:

  • An LCIA Arbitration relating to the sale of interests in a major international airport (and involving applications for interim relief under s.44) (with Graham Dunning QC).
  • An LCIA arbitration relating to the construction of a US$2 billion fertilizer plant in Nigeria (with Richard Lord QC).
  • A substantial ICC arbitration (Miami seat, Barbados law) arising out of the sale of a network of telecommunication companies in the Caribbean (with Klaus Reichert SC).

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. 2783

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 [2016] 2 All E.R. (Comm) 322; [2015] 2 Lloyd's Rep. 261; [2016] 1 B.C.L.C. 419

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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