Introduction
Since joining St Philips Kirsty has developed a broad and busy commercial and chancery practice across the Business and Property group’s areas of expertise. Kirsty appears regularly as sole counsel in the High Court and County Court on interlocutory matters and fast track and multi-track trials. Kirsty is frequently led in more complex matters. Her growing reputation has also seen her establish a busy paper practice, and is repeatedly instructed by clients in advisory work and to settle proceedings in all aspects of commercial law.
Prior to joining St Philips Kirsty sat as an in-house barrister in the commercial litigation team of a Top 100 national firm. Kirsty’s in-house practice has been invaluable, providing her with first-hand experience of conducting litigation in a commercially minded manner, an approach she continues to take in private practice.
Kirsty has developed an excellent working knowledge of electronic disclosure, and the use of technology in litigation. She is well versed in the process of electronic disclosure, and the use of electronic trial bundles and she is happy to advise clients in this regard.
Kirsty has extensive experience in high value claims with an international element. She was led by Ed Pepperall QC (now the Rt Hon. Mr Justice Pepperall) defending a complex $76 million breach of warranty claim for a US client in a 5 week trial in the TCC. She has also been led by James Morgan QC in a multi-million pound fraud matter, in which their client obtained a worldwide freezing order and passport delivery up order against an Afghan national.
Outside of work Kirsty enjoys endurance events, having completed the London Classics in 2019 (London Marathon, Ride London and Swim Serpentine), fitting training around her workload. Kirsty enjoys trying to train her Cocker Spaniel, travel and when time permits enjoys watching sport, particularly rugby union and athletics.
Commercial and Chancery Litigation
Kirsty is instructed in a wide range of business disputes in the Business and Property Courts and has extensive experience in interlocutory hearings, and trials.
Recent work and reported cases:
- Primus v Triumph [2020] EWCA Civ 1228: appearing for the appellant in a case in which the Court of Appeal considered the legal meaning of “goodwill” in a share purchase agreement (Led by James Morgan QC)
- Triumph v Primus [2019] EWHC 2216 (TCC), [2019] Costs LR 1571: acting for an international company in relation to an assessment of damages and costs issues in a multi-million-dollar share warranty dispute arising out of a business sale. (Led by James Morgan QC).
- Acting for an international security firm in relation to misappropriation of circa $10 million of company funds by one of the directors. Successfully assisted the client in obtaining a worldwide freezing injunction and passport order against the director (Led by James Morgan QC)
- Acting for an individual in relation to the interpretation of contractual terms in a three-day multi-track trial.
- Led by Avtar Khangure in a multi-million pound breach of contract claim arising from the sale of a residential complex.
- Drafting terms and conditions for a catering company for the provision of its services
- Drafting and advisory work in relation to contractual terms and breach of contract arising out of the supply of goods and services
Company & Partnership
Kirsty has a busy company and partnership law practice, both as sole counsel and as junior counsel to James Morgan QC and Avtar Khangure QC.
Kirsty regularly advises in relation to all aspects of shareholder disputes including section 994 claims (including the drafting of section 994 petitions), derivative claims and just and equitable winding up petitions. This work is invaluable to her insolvency and director’s disqualification work.
Recent work includes:
- Acting for a minority shareholder in relation to a s994 claim that settled at mediation shortly before trial.
- Led by Avtar Khangure QC in a multi-million pound shareholder dispute arising from a technical manufacturing company.
- Acting for a minority shareholder in an unfair prejudice petition, with the added complexity that the company had been struck off the register shortly before trial
- Drafting a section 994 petition in relation to a fitness gym ownership
- Multiple applications to restore companies to the register
- Acting for an individual in a successful application to have a fraudulent company removed from the register which had been set up using his personal details
Insolvency
Kirsty’s insolvency work has a particular focus on director’s duties and misfeasance claims, which compliments her company law practice.
Recent work includes:
- Successfully representing the petitioner in an application opposing a winding up petition arising from an adjudication award
- Successfully representing a liquidator in a misfeasance claim, leading to a substantial contribution from the sole director
- Successfully acting for the petitioner in an application to prevent the advertising of a winding up petition
- Drafting section 212 Insolvency Act 1986 misfeasance claims against the directors of a company in relation to their director’s loan accounts
- Winding up petitions (including contested petitions)
- Bankruptcy petitions (including contested petitions)
Restraint of Trade and Confidentiality
Recent cases:
- Advising a leading lighting company in respect of confidentiality and restrictive covenants after the departure of a key employee
- Representing an employee in injunctive proceedings following his departure from a motor car engine designer
Education
LLB (Hons) – University of Reading
Bar Professional Training Course – College of Law
