Kyle is recommended by Chambers & Partners UK as a leading junior in the field of commercial dispute resolution. 

"A star of the future who's capable of performing well above the level of his year of call" (Chambers & Partners UK Bar 2019 – Commercial Dispute Resolution)

Kyle has a wide-ranging commercial practice.  He is regularly instructed to advise and represent clients in commercial disputes of all kinds, big and small, international and domestic, arising out of all sectors and industries, in both litigation and arbitration.  In recent years, Kyle has acted in some of the largest cases to come before the English Courts (including ENRC v Dechert & the SFO, The Lloyds/HBOS Group Litigation and PAG v RBS).  As a result, he is very familiar with the demands of heavy trials, particularly those involving extensive factual and expert evidence, as well as the wide variety of interlocutory applications to which such litigation frequently gives rise (including jurisdiction challenges, disputes about disclosure/privilege, injunctions, freezing orders and other associated forms of interim relief).

Almost all of Kyle’s work can broadly be described as ‘commercial litigation’.  He has particular experience and expertise in relation to disputes involving banking and financial services, civil fraud, professional negligence and energy and natural resources.  Kyle’s sector specific experience is described in more detail in the relevant sub-sections below.  However, examples of other general commercial litigation cases in which Kyle has acted include:

• Caledonian Maritime Assets Ltd v HCC International Insurance Co Plc – claim for rectification of a settlement agreement arising out of a dispute under refund guarantees issued in connection with a £97 million shipbuilding contract (with Charles Hollander QC).

• VIH Hotel Management Ltd v Assas Opco Ltd & Ors – high-value dispute before the DIFC Courts relating to the development and operation of a luxury hotel on the Palm Jumeirah, Dubai (with Michael Swainston QC).

• Harbour Fund III L.P. v Kazakhstan Kagazy Plc & Ors – acting (with Tom Adam QC) in a substantial litigation funding dispute arising out of a £300 million civil fraud claim.

• The Libyan Investment Authority – acting for one of the applicants in proceedings intended to deal with the consequences of a dispute about who was entitled to exercise the functions of the LIA following the outbreak of civil war in Libya (with Charles Hollander QC).

• Ontario Teachers’ Pension Fund v Macquarie Infrastructure and Real Assets Europe Ltd – claim relating to the sale of interests in a major international airport and involving injunctive relief to restrain alleged breaches of confidence (with Graham Dunning QC).

• McLaren Automotive Ltd v GTI Corporation Ltd – injunction proceedings relating to the supply of components to the well-known manufacturer of high-performance sports cars (with Charles Hollander QC)

• Cosmetic Warriors Ltd & Lush Cosmetics Ltd v Gerrie & Hawksley – 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). 

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

• Perkins Engines Company Ltd v Ilkerler Otomotive – acting for Perkins Engines in its successful defence of claims by a former distributor for breaches of alleged oral agreements, wrongful termination and implied duties of good faith and fair dealing (with Charles Hollander QC).

In addition to appearing in court (both in England and abroad), a very significant part of Kyle’s commercial disputes work takes place in international arbitration. Kyle has acted in numerous arbitrations under a wide variety of institutional rules (including LCIA, ICC, DIFC, UNCITRAL and the Swiss Rules of International Arbitration), as well as in ad hoc proceedings.  In addition, he is regularly instructed to act in court proceedings arising out of arbitrations  (whether seated in England or abroad), including applications for interim relief under section 44 of the 1996 Act (e.g. injunctive relief), seeking or resisting the enforcement of foreign or domestic awards under section 66 or the New York Convention, and challenging or defending arbitration awards under sections 67, 68 and 69.

By its nature, Kyle’s international arbitration practice is mostly confidential, but recent highlights include:

• Acting for a Hong Kong based entity in proceedings before the BVI courts relating to the enforcement of a substantial Netherlands Arbitration Institute (NAI) award.

• Acting for a sovereign wealth fund in multi-billion dollar, multi-party, multi-jurisdictional arbitration proceedings arising out of the so-called “Paradise Papers”.

• Proceedings relating to the enforcement of an ICC award against a Middle Eastern State under s.66 of the 1996 Act and resisting attempts to challenge the award under s.69. 

• An expedited LCIA arbitration relating to the sale of interests in a major international airport (and involving applications for interim relief to the English courts under s.44).

• A substantial ICC arbitration (seated in Miami and governed by Barbados law) arising out of the sale of a network of telecommunication companies in the Caribbean.

• Acting for a national flag carrier in an ICC arbitration relating to the operation of a charter airline project in the Middle East.

• Kyle has also acted in several arbitrations relating to the construction and/or operation of overseas energy projects, including projects in the Caribbean, Africa and Pakistan.

Kyle is also a contributing author to “SIAC Rules: An Annotation”, an annotated guide to the arbitration rules of the Singapore International Arbitration Centre.

Kyle is recommended by Chambers & Partners UK as a leading junior for disputes relating to banking and financial services.

"He is absolutely fantastic and will be a real star of the future. He is very hard-working, incredibly calm and unflappable. He works really seamlessly in a team. He takes good points and has great judgement". "He is very impressive and absolutely terrific". (Chambers & Partners 2022 – Banking & Finance)

Kyle has extensive experience of acting and advising in relation to banking and financial services disputes of various kinds (both led and unled).  His practice covers the full spectrum of banking and finance work, including investment banking, investment and asset management, sovereign wealth, capital markets, M&A, derivatives, as well as private and retail banking.

In recent years, Kyle has acted in a number of landmark banking and finance related cases, including (amongst other things) acting for the successful defendants in the first shareholder group action ever to go to trial in England and Wales (The Lloyds/HBOS Group Litigation).  The claim was dismissed following a 5-month trial: see [2019] EWHC 3096 (Ch).  In addition, Kyle also acted in the first civil trial to arise out of the well-publicised “LIBOR-fixing scandal” (PAG v RBS), and the leading case on the test for reliance in implied misrepresentation claims (Leeds City Council & Ors v Barclays Bank Plc).  Kyle also has experience of regulatory proceedings in the banking and finance context, including proceedings before the Takeover Panel.

Kyle has particular experience of group litigation/class actions in the banking and finance context, having previously acted in the Lloyds/HBOS Group Litigation.  He is currently acting in relation to a number of other prospective claims under s.90/s.90A of FSMA 2000.

Examples of recent work in the banking and finance field include:

• The Lloyds/HBOS Group Litigation – acting for Lloyds and five of its former directors in defence of group litigation brought by about 6000 shareholders arising out of Lloyds’ acquisition of HBOS.

• Leeds City Council & Ors v Barclays– acting for several local authorities in claims against Barclays relating to the sale of long-dated ‘lender-option, borrower-option’ (“LOBO”) loans.

• PAG v RBS – acting for the claimant in the first civil claim arising out of the “LIBOR-fixing scandal” to be tried before the English courts.  The case (which was identified by The Lawyer as one of the “Top 20 of 2016”) also gave rise to a number of interlocutory judgments, including a series of significant decisions on disclosure and privilege (see e.g. [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)).

• Fundo Soberano de Angola v dos Santos & Ors – acting for the Angolan sovereign wealth fund in a US$3 billion dispute between the fund and its former investment manager and adviser.

• Old Park Capital Maestro Fund – fraud claim against the former investment manager and director of a Cayman Islands investment fund arising out of the collapse of the fund and involving claims for breach of fiduciary duty, conspiracy, and other economic torts.

• Natixis & Nedbank Ltd v Famfa Oil Ltd – acting (as sole counsel) for the claimant banks in a claim relating to the underwriting of a syndicated loan facility which was to be provided in connection with the proposed acquisition of an upstream oil and gas company which held a working interest in a deep-water oil block in the central Niger delta.

• Ebury Partners UK Ltd v Best Buying Service BC – acting (as sole counsel) in a claim relating to the close out of various FX trades.

• Daniel & Dalton v Merrill Lynch – acting (as sole counsel) for Merrill Lynch in a claim relating to the alleged mis-selling of AIG Premier Bonds in the period immediately prior to the collapse of Lehman Brothers in September 2008.

• RC Cayman Holdings Ltd v Michael Ryan – 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-based private equity fund.

• Caterpillar Motoren GmbH v Mutual Benefits Assurance Co – acting for the German subsidiary of the well-known American corporation in a claim for payments due under various performance bonds and advance payment guarantees (with Jasbir Dhillon QC).

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

Many of the commercial disputes in which Kyle acts involve allegations of civil fraud.  As a result, Kyle has extensive experience of cases which involve allegations of fraud, deceit, dishonesty, misrepresentation and misstatement, economic/intentional torts (in particular, lawful and unlawful means conspiracy and inducement of breaches of contract), breaches of fiduciary duties (and their statutory equivalents), as well as equitable claims and remedies.  

Examples of recent work in the civil fraud field include:

• Lonestar Communications Corporation LLC v Kaye & Ors – unlawful means/lawful means conspiracy and economic torts claim concerning a large-scale “cyber-attack” on one of the largest telecoms companies in Liberia.

• Fundo Soberano de Angola v dos Santos & Ors – acting for the Angolan sovereign wealth fund in high-value, multi-jurisdictional civil fraud proceedings against the fund’s former investment manager and adviser and its attempts to recover US$3bn of missing assets.

• ENRC v Dechert & the SFO ­– high-profile proceedings arising out of an investigation into allegations of fraud, bribery and corruption in ENRC’s mining operations in Kazakhstan and Africa, and a subsequent criminal investigation by the SFO.

• Old Park Capital Maestro Fund – civil fraud claim against the former investment manager and director of a Cayman Islands investment fund arising out of the collapse of the fund and involving claims for breach of fiduciary duty, conspiracy, and other economic torts.

• Leeds City Council & Ors v Barclays – acting for several local authorities in civil fraud claims against Barclays relating to the sale of so-called ‘lender-option, borrower-option’ (“LOBO”) loans.

• PAG v RBS – claim for fraudulent misrepresentation arising out of the “LIBOR-fixing” scandal.

• Harbour Fund III L.P. v Kazakhstan Kagazy Plc & Ors – acting (with Tom Adam QC) in a substantial litigation funding dispute arising out of a £300 million civil fraud claim.

• Slater & Gordon (UK) 1 Ltd v Watchstone Group Plc – acting for Slater & Gordon in its £600 million claim against Watchstone for fraud and breach of warranty.

Kyle is recommended as a leading junior by Legal 500 for professional negligence.

"He is fiercely bright, highly industrious and with strategic vision far in advance of his years. He writes beautifully and has a charismatic presence". (Legal 500 2022 – Professional Negligence)

Kyle is regularly instructed to act in both professional negligence claims and in professional disciplinary proceedings before a variety of different disciplinary bodies (including the Financial Reporting Council, the Solicitors Disciplinary Tribunal and the Takeover Panel).  His previous clients include, amongst others, the directors of a FTSE 100 company, a ‘Big Four’ accountancy firm, a US law firm, accountants, auditors, solicitors and investment banks.

Examples of recent notable work in this field include:

• ENRC v Dechert & the SFO – acting for Dechert LLP in defence of a professional negligence claim brought by ENRC and arising out of a white-collar crime investigation into allegations fraud, bribery and corruption on the part of ENRC and its subsidiaries in Africa and Kazakhstan.

• PrivatBank v PwC – acting for PrivatBank, the largest commercial bank in Ukraine, in a substantial (US$3 billion) audit negligence claim before the courts of Cyprus.  

• Executive Counsel to the Financial Reporting Council v PwC (RSM Tenon Plc) – acting for PwC in its defence of FRC proceedings relating to the auditing of RSM Tenon Plc, a LSE-listed professional services firm which, prior to entering administration, had been the seventh largest accountancy firm in the UK.

• Executive Counsel to the Financial Reporting Council v PwC (Connaught Plc) – acting for PwC in its defence of FRC proceedings relating to the auditing of Connaught Plc, a FTSE 250 company operating in the social housing, public sector and compliance markets.

• Executive Counsel to the Financial Reporting Council v Deloitte & Others (Aero Inventory Plc) – acting for an individual respondent in his successful defence of FRC proceedings relating to the financial statements of Aero Inventory Plc, an AIM-listed supplier of inventory management solutions to the aerospace industry.

• 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.

Kyle is also member of the Sports Resolutions Pro Bono Panel, through which he provides pro bono legal advice and representation to athletes and players in relation to contractual disputes, anti-doping cases, athlete selection and eligibility issues, and disciplinary matters.

Many of the commercial disputes in which Kyle acts, both in court and in arbitration, arise out of, or in connection with, substantial international energy projects.  In addition to raising complex issues of contractual construction, these disputes are often governed by foreign law and Kyle has extensive experience of dealing with expert evidence in relation to such issues.

Examples of recent notable work in this field includes:

• PT Satria Tirtatama Energindo v East Asia Company Ltd – an Privy Council appeal from the Court of Appeal for Bermuda relating to the contested sale of a multi-million dollar geothermal energy project in Bedugul, Bali: [2020] 2 All E.R. 294.

• Natixis & Nedbank Ltd v Famfa Oil Ltd – acting (as sole counsel) for the claimants in a claim relating to the financing of the abortive acquisition of an upstream oil and gas company with a working interest in a deep-water oil block in the central Niger delta.

• Acting in various international arbitrations (including arbitrations under the LCIA and ICC rules) relating to the construction and/or operation of overseas energy projects, including substantial projects in the Caribbean, Africa and Pakistan.

• Advising a major operator of oifields 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).

• Acting for a leading provider of energy consultancy and brokerage services in proceedings involving wide-ranging allegations of fraudulent misrepresentation and non-disclosure. 

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

Kyle has experience of acting in number of insurance and reinsurance disputes, including:

• Advising on substantial business interruption claims arising out of the COVID-19 pandemic.

• Acting in a number of ad hoc reinsurance arbitrations under the Arbitration Act 1996.

• Acting (as sole counsel) for a firm of insurance brokers in multi-party litigation involving various claims and counter-claims by and against underwriters, sub-brokers and insureds.

Kyle is a member of the Sports Resolutions Pro Bono Panel, through which he provides pro bono legal advice and representation to athletes and players in relation to contractual disputes, anti-doping cases, athlete selection and eligibility issues, and disciplinary matters.

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

Contributing author to "SIAC Rules: An Annotation" (edited by Heilbron, Hirst and Reichert)

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

Professional Memberships

COMBAR (Commercial Bar Association)

LCLCBA (London Common Law & Commercial Bar Association)

YFLA (Young Fraud Lawyers 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.

Kyle is a member of the Sports Resolutions Pro Bono Panel, through which he provides pro bono legal advice and representation to athletes and players in relation to a variety of contractual disputes and disciplinary matters.

"He is absolutely fantastic and will be a real star of the future. He is very hard-working, incredibly calm and unflappable. He works really seamlessly in a team. He takes good points and has great judgement." "He is very impressive and absolutely terrific." (Chambers & Partners 2022 – Banking & Finance)

"A good, bright and personable barrister." (Chambers & Partners 2022 – Commercial Dispute Resolution)

"He is fiercely bright, highly industrious and with strategic vision far in advance of his years. He writes beautifully and has a charismatic presence." (Legal 500 2022)

"A star of the future who performs well above the level of his year of call." (Chambers & Partners UK Bar 2021 – Banking & Finance)

"He churns out documents, and the quality of his work is very good." (Chambers & Partners 2021 – Commercial Dispute Resolution)

"He provides excellent, reliable advice wrapped up in thorough and carefully drafted documents." (Legal 500 2021)

"He is fantastic, responsive and clearly very bright – a junior to watch” (Chambers & Partners UK Bar 2020 – Banking & Finance)

"Kyle is super smart and very easy to interact with” (Chambers & Partners UK Bar 2020 – Banking & Finance)

"He gets to the bottom of issues so quickly, his work is of a very high quality, and he's just a really pleasant person to work with” (Chambers & Partners UK Bar & Global 2020 – Commercial Dispute Resolution)

"Kyle is impressive, insightful and really responsive" (Chambers & Partners UK Bar 2020 – Commercial Dispute Resolution)

"A star of the future who's capable of performing well above the level of his year of call" (Chambers & Partners UK Bar 2019 – Commercial Dispute Resolution)

"Excellent with clients and very quick – that means he has a bright future" (Legal 500 2017)