To instruct Kajetan please contact our clerks on +44 (0)20 7842 5555 or email [email protected].
Kajetan maintains a busy practice in both litigation and arbitration. He has attracted unusually early recognition from the market, being recommended by legal directories in several major categories since the end of his third year of practice. He is described in Legal 500 as “An outstandingly talented junior who is destined for big things.”
His practice focuses particularly on civil fraud, economic torts, general commercial disputes, injunctions, construction and infrastructure, shipping, insurance, and banking and finance. Many of his cases raise complex conflict of laws issues, and he regularly acts in disputes governed partly or entirely by foreign laws (both common law and civil law systems). Geographically, he has particular experience of work concerning the Middle East, India, Ukraine, Russia, Poland, Singapore, China (both mainland and Hong Kong) and offshore financial centres. He often deals with voluminous expert evidence, whether in forensic accounting, engineering, or foreign law.
Kajetan works equally frequently with leaders from these and from other chambers, in the latter case usually at the specific recommendation of Instructing Solicitors. He also has a substantial unled advocacy practice both in the High Court and in arbitration, where he is usually instructed against counsel many years his senior.
Before coming to the Bar, Kajetan ran a small consultancy, working on the application of decision-making games such as chess to thinking processes in education, business and rehabilitation of prisoners.
Kajetan specialises in commercial fraud disputes, ranging from single-forum cases to heavyweight multi-jurisdictional litigation involving simultaneous proceedings in London and multiple foreign jurisdictions onshore and offshore. His practice is roughly balanced between acting for claimants and defendants, both as sole counsel and as junior to leading Silks in the field.
He has experience of all major English law causes of action relevant in fraud claims, including deceit, breach of fiduciary duty, conspiracy, breach of trust, dishonest assistance, unlawful interference, procurement of breach of contract, bribery, and intimidation; statutory fraud claims under the Insolvency Act and FSMA; as well as fraud claims governed by foreign systems of law. On the procedural side, he advises on and provides advocacy in relation to all procedures relevant in fraud claims, such as freezing orders, service out, disclosure applications under the Norwich Pharmacal and Bankers Trust jurisdictions, contempt of court etc., as well as matters where fraud or allegations of fraud affect the process of the court itself rather than being the subject of the dispute.
During the Hilary term 2021 (January to March), Kajetan worked as a full-time Judicial Assistant in the Commercial Court, assisting judges on several complex fraud matters. In particular, he was a judicial assistant to Cockerill J on Leeds v Barclays  EWHC 363 (Comm) (a LIBOR-related fraud claim and a significant case in the law of misrepresentation), to Jacobs J on GDS v NCR  EWHC 1119 (Comm) (a claim raising all major economic torts), and to Bryan J on Lakatamia Shipping Co Ltd v Su & Ors  EWHC 1907 (Comm) (unlawful means conspiracy).
Kajetan is the most junior barrister recommended for Commercial Dispute Resolution in London in Chambers & Partners 2023, alongside barristers many years his senior – reflecting the “well above call” nature of his general commercial (non-fraud) practice.
He acts extensively in general commercial disputes, both as a junior and as sole counsel. He has worked for a full range of commercial clients: corporations, SMEs, joint ventures, public authorities, company directors, and UHNW individuals. He frequently advises on strategy and procedure, and is noted by clients for his focus on the interplay between the legal analysis and the commercial aims of the litigation. The 2023 edition of Legal 500 described him as having “Fantastic attention to detail and insight, and yet still able to clearly see the bigger picture.”
During the Hilary term 2021 (January to March), Kajetan worked as a full-time Judicial Assistant in the Commercial Court and the Financial List (to Cockerill J, Jacobs J, and Bryan J).
Kajetan enjoys working in large teams, and quickly integrates into the team.
Kajetan has substantial experience of document- and expert-heavy disputes concerning engineering projects and infrastructure, both in arbitration and in litigation. He is recommended as a “Rising Star” in the Construction category in the 2023 edition of Legal 500, which describes him as having “‘Fantastic attention to detail and insight, and yet still able to clearly see the bigger picture. He has a natural aptitude for complex construction cases. An outstandingly talented junior who is destined for big things.” Ranked at only three years into practice, Kajetan was the joint most junior barrister recommended in that category.
Kajetan has experience of a variety of matters concerning the international trade and transport of goods, including sale of goods disputes, delays, misdelivery, damage to cargo, discharge of cargo against Letters of Indemnity, detention and arrest, and exclusions of liability. He has practised in the area since commencing independent practice in 2019, having spent a significant proportion of pupillage on assisting with shipping matters such as The “ELIN”  EWHC  (Comm) (the current authority establishing that the statement on a Bill of Lading that the carrier would not be liable for loss of or damage to deck cargo “howsoever arising” is apt to exclude liability for negligence and/or unseaworthiness) and The “Arctic”  EWCA Civ 1161 (an arbitration appeal in which the Court of Appeal determined the status of the obligation to keep a vessel in class), an LMAA arbitration arising out of long-term detention of a vessel in Venezuela, an LMAA arbitration in respect of a failure to redeliver a barge concerning the availability and quantum of restitutionary damages for conversion, and various other matters.
Kajetan advises on and acts in insurance matters, for example in respect of coverage disputes, fraud, as well as subrogated claims. In the latter category, he has particular experience of claims for damage to or destruction of property by fire, but has also dealt with matters arising out of other perils such as flood, building subsidence, and voltage damage to electrical equipment.
Kajetan handles a variety of banking and financial services matters, both contractual and regulatory. He has experience of the Financial Services and Markets Act 2000, the Financial Services Act 2012, and the Regulated Activities Order, in particular of civil enforcement claims by the FCA. He is also regularly instructed by banks, particularly in claims arising out of commercial financing such as business lending, guarantees, sales ledger financing, etc. He regularly publishes articles in the area.
In addition to commercial disputes, Kajetan has built up significant experience of advising and acting for businesses on high-risk disputes with consumers requiring delicate strategy and difficult judgement calls. He is very rarely if ever instructed in “regular” consumer disputes such as about quality of goods or services, but he is often called upon by businesses facing consumer claims giving rise to risk of regulatory action, carrying adverse media interest, or having potential wider repercussions by establishing a precedent.
He regularly advises and acts for clients operating in regulated sectors, such as banks and gambling operators, and has advised and acted for businesses facing consumer claims arising out of COVID-19 since the early days of the pandemic. He also has experience of assisting businesses facing large cumulative exposure to waves of low-value consumer claims in respect of the same subject matter coordinated on social media or similar channels, from early strategic advice, through advising throughout the disputes, drafting pleadings and/or applications, to advocacy.
His work in this specialist niche has been recognised by Legal 500, where he is recommended as a “Rising Star” in the Consumer Law category – the most junior barrister so recommended.
Kajetan has a niche specialist practice in gambling disputes, advising and acting for large gambling operators as well as their customers. He has experience of the whole gamut of such disputes, from contractual (bet outcome disputes, issues of cheating/dishonest bets, withholding of winnings pending completion of integrity investigations) through tortious (problem gambling, self-exclusion) to the interface between findings of regulatory authorities and private law actions between the customer and the bookmaker. He has handled matters ranging from high-value claims about a single bet, through disputes with VIP customers, to disputes about the correct settlement of a market involving hundreds of individual claims (whether coordinated or not).
Kajetan has particular experience in bet outcome disputes in respect of events without an obvious mathematical outcome or official result of a governing body, where the gambling operator has made an evaluative judgement, for example as to the correct result or the appropriate time to close betting.
Complementing his practice in gambling disputes is Kajetan’s practice concerning racehorses, in which area he has been acting for and against several well-known owners, trainers, and auction houses.
Kajetan has experience of IT and telecoms disputes, e.g. concerning hardware, software, and internet projects, including design defects, bugs, delays, fitness for purpose, etc.
Kajetan has experience of a broad range of professional negligence claims (both on the claimant and defendant side), including in particular claims against lawyers and financial professionals, but also construction professionals such as architects, engineers, valuers and surveyors.
For help and advice talk to a member of our clerking team. They can advise on the best options for your matter.
Call: +44 (0) 20 7842 5555