Solicitor – Admitted 2005
“He provides clear advice with the necessary knowledge, tactical awareness and tenacity.”
“Jonathan Kitchin’s methodical and pragmatic approach to delivering acceptable outcomes to what can often be, complex disputes whilst carefully managing costs remains his key stand out attributes. Notwithstanding Jonathan’s experience and reputation, he is extremely personable and easy to work with.”
“He is really accessible, quick to turn things around and is practical. He provides easy, quick takes and is fun to work with too.”
“Jonathan is an outstanding partner who knows his subject and is a master tactician.”
“Jonathan Kitchin is a standout individual and a fantastic communicator. Always calm and measured under pressure and constantly goes above and beyond to do his utmost to ensure a satisfactory outcome.”
“Jonathan Kitchin is a litigator that clients want on their side. Practical and clear, fast responses, and pragmatic.”
“Jonathan is tactically and commercially astute. He is prepared to get heavily involved in the details of a case, without losing sight of the overall strategy.”
“Jonathan Kitchin (JK) His approach, style and ability to take a complex area and provide clear, simple pragmatic advice is unrivalled. JK is approachable, fun to work with, proactive, efficient and clear. He responds quickly, keeps you updated and is fair on fees and estimates. Exactly how an external lawyer should be.”
“Jonathan Kitchin heads up the team and is ‘a very tactically astute litigator’, specialising in the financial services sector.”
“Jonathan Kitchin – partner who has secured high-quality insurance instructions. He is a pleasure to work with.”
Overview
I am Head of our Commercial & Regulatory Disputes team, leading a group of talented lawyers who help clients to navigate complex or sensitive disputes and investigations where their commercial, reputational and international interests are at stake.
Areas of expertise includes high value contractual disputes, the breakdown of director or shareholder relations, warranty and indemnity claims or earn-out disputes following corporate transactions, obtaining injunctions to protect confidential information or mitigate fraud, professional negligence and insurance coverage issues.
A significant proportion of my experience relates to financial planning and investment management firms regulated by the Financial Conduct Authority (FCA). Specifically, dealing with employee misconduct, team moves, M&A activity, FCA investigations, s.166 skilled persons reports, professional indemnity insurance coverage and reputation management – often leading multi-disciplinary teams with specialist insolvency, employment and regulatory expertise.
Whilst most disputes conclude by way of negotiated settlement, I have litigated several reported cases to trial in the High Court, at the Court of Appeal and via international arbitration (see further below).
I am keen to bring sustainability to the fore in business, and in the conduct of dispute resolution, realising the positive social and environmental impact that the legal profession can have on its clients and the communities and sectors we work in.
I am ranked in Band 4 for Litigation in Chambers UK and listed as a ‘Leading Individual’ by Legal 500.
Recent experience
Commercial
Successfully defending a Managing Director and founding shareholder against an unfair prejudice petition issued in the High Court under s.994 Companies Act 2006 which sought a share purchase order and damages arising from alleged mismanagement and breach of a shareholders agreement (George v McCarthy & Another [2019]) whilst also securing D&O insurance coverage
Securing control of an English company by way of injunctive relief to prevent its directors from dealing with its shares, or the shares of its US parent company, and obtaining summary judgment ordering specific performance of a share purchase agreement to transfer a controlling shareholding to our client
Acting for a commercial agency business in relation to a substantial contractual claim for fees and profit share (an eight-figure sum) regarding the development of a large scale commercial logistics and distribution park which proceeded on the basis of a nationally significant infrastructure project
Financial Services
Advising financial planning and investment management firms in relation to employee misconduct, team moves, expert determination and warranty or indemnity claims following M&A activity, FCA investigations including s.166 skilled persons reports, professional indemnity insurance coverage and reputation management
Representing a boutique fund management company in London and its founding fund manager in relation to the recovery of deferred but unpaid management fees and a revenue share arrangement (Pease v Henderson [2018] and on Appeal) and the fund management company’s contractual arrangements with its Authorised Corporate Director (ACD), distribution partners and board directors
Representing two former employees of a bank seeking “stigma” damages and reimbursement of legal fees incurred defending themselves in relation to the LIBOR scandal including the successful dismissal of an application by the bank for Summary Judgment (Allen & Conti v Rabobank [2020])
International
Acting for the e-commerce business of an internationally renowned entrepreneur alongside a global IT business in relation to two concurrent London seated London Court of Arbitration (LCIA) claims regarding the distribution of technology products in India
Conducting an international arbitration in Dubai under the Dubai International Arbitration Centre (DIAC) rules including the defence of an application to nullify an award in our client’s favour and successful ratification of that award in the Dubai Courts of First Instance and Appeal
Enforcing a Judgment from the Dubai International Financial Centre (DIFC) against property in London in the context of ongoing familial proceedings in both Dubai and Jersey