Kajetan Wandowicz

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To instruct Kajetan please contact our clerks on +44 (0)20 7842 5555 or email [email protected].

Kajetan handles a broad spectrum of international commercial disputes. He has attracted unusually early recognition from the market, with repeated directory rankings in major categories since the end of his third year in practice. Recent recommendations include “a future leading counsel”, “a brilliant advocate”, “operating at a level far beyond his call”, and “an outstandingly talented junior who is destined for big things.” He was named by The Lawyer magazine on its list of the “Hot 100” lawyers in England in 2024.

A major focus of Kajetan’s practice is civil fraud, and he is regularly instructed in headline-grabbing international commercial fraud disputes and complex worldwide freezing orders. Recent examples in the public domain include NMC v Shetty in the ADGM Court, and NTT v Goodall and Madison Pacific Trust v Groza & Naumenko in the English Commercial Court; much other work is out of the public domain.

Kajetan also has a busy and varied caseload of non-fraud commercial and commercial chancery work. Much of this work proceeds in arbitrations, and names of parties remain confidential; recent such instructions include 8- and 9-figure disputes under ICC, LCIA and LMAA rules concerning shareholdings, commodities, international trade and transport of goods, and aviation. Recent examples on public court dockets include PD Teesport v P&O North Sea Ferries (force majeure clauses), XXX v Persons Unknown (computer hacking), Longley v PPB Entertainment (mistake; control of unfair contract terms), International Medical Technology Investments S.A.R.L. v. Consortium 9744 at Lloyd’s (insurance), Navrozov v Comfort (unfair prejudice), and Mott MacDonald v Trant Engineering (professional negligence).

Kajetan’s advocacy has been noted in the directories as “brilliant”, “excellent” and “what looks complex, he makes sound simple”, and in a High Court judgment as “conspicuously clear and helpful”. Several of the cases which he has argued as sole counsel have been cited in major practitioners’ textbooks, including (amongst others) Chitty on Contracts, Lewison on the Interpretation of Contracts, Benjamin’s Sale of Goods, and Clerk & Lindsell on Torts, as well as widely covered in legal updates such as law firm newsletters and articles. Almost invariably though not exclusively, he appears against counsel many years his senior and increasingly often against KCs.

A summary of Kajetan’s CV in other languages can be found here: Arabic; Polish; Russian.

Recommendations

“Kajetan is unbelievably clever. What looks complex, he makes sound simple.” – Chambers & Partners 2025, Commercial Dispute Resolution
“Kajetan is a future leading counsel. He is supremely intelligent and incredibly hard-working.” Legal 500 2025, Commercial Litigation
“Kajetan is a brilliant advocate with an amazing work ethic.” – Legal 500 2025, Fraud: Civil
Rising Star – Legal 500 2025, Shipping
“Kajetan is operating at a level far beyond his call. He is as bright as they come, responsive, great with clients and extremely pragmatic.” – Chambers & Partners 2024, Commercial Dispute Resolution
“Brilliant ability to absorb large amounts of material and quickly produce clear advice. He’s also an excellent advocate.” – Legal 500 2024, Commercial Litigation
“Kajetan is an outstanding junior barrister. He is fantastically smart and has a clear thirst for the work itself, which makes piloting cases alongside him a pleasure.” – Legal 500 2024, Fraud: Civil
Rising Star – Legal 500 2024, Shipping
Rising Star – Legal 500 2024, Consumer
Up and Coming – Chambers & Partners 2023, Commercial Dispute Resolution
“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.” – Legal 500 2023, Construction
Rising Star – Legal 500 2023, Consumer
“conspicuously clear and helpful submissions, both oral and in writing” – XXX v Persons Unknown [2022] EWHC 2776 (KB)
The Lawyer magazine Hot 100 2024

Civil Fraud

Kajetan is recommended for civil fraud work by the Legal 500. He is regularly instructed on complex civil fraud disputes governed by varying legal frameworks, from English common law and equitable claims, through statutory causes of action (such as under insolvency, company or financial services legislation), to claims governed by various foreign laws. Many of those are global disputes involving simultaneous proceedings in multiple onshore and offshore jurisdictions.

On the procedural side, he advises on and provides advocacy in relation to all procedures relevant in fraud claims, such as worldwide freezing orders, contempt of court, disclosure applications under the Norwich Pharmacal and Bankers Trust jurisdictions, service, recognition, enforcement, 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.

Kajetan is admitted to the Bar in the British Virgin Islands.

Featured Civil Fraud cases

NMC v Shetty. Acting for Dr B.R. Shetty defending claims for USD 5 billion+ in the courts of the Abu Dhabi Global Market, arising out of the collapse of the NMC Group. The dispute has already resulted in a number of complex hearings, including preliminary issues of ADGM insolvency law (NMC Healthcare Ltd & Ors v Shetty & Ors [2024] ADGMCFI 0007 and Shetty v NMC Healthcare Ltd & Ors [2024] ADGMCA 0001); heavily-fought case management applications concerning concurrency (Abu Dhabi Commercial Bank PJSC v Manghat [2023] ADGMCFI 0021 and Abu Dhabi Commercial Bank PJSC v Manghat [2023] ADGMCFI 0025), discretionary stay in favour of proceedings in another jurisdiction (NMC Healthcare Ltd & Ors v Shetty & Ors [2023] ADGMCFI 0024), and joinder (Abu Dhabi Commercial Bank PJSC v Manghat [2024] ADGMCFI 0010); applications concerning confidentiality (NMC v DIB [2023] ADGMCFI 0006); and others.

NTT v Goodall. Acting for an ex-CEO of a major South African company in USD 50m+ claims alleging dishonest breaches of various directors’ duties. Successful contested application to stay proceedings for arbitration: NTT Ltd & Ors v Goodall [2024] EWHC 445 (Comm).

A v B (BVI). Acting for the defendant in the British Virgin Islands Commercial Court in a 3½-day application to discharge a worldwide freezing order in the course of a multi-jurisdictional USD 100m+ dispute.

Madison Pacific Trust Ltd v Groza & Naumenko [2024] EWHC 267 (Comm). Acting for the beneficial owners of a major grain terminal in Ukraine in a complex application to discharge a worldwide freezing order.

Advising an UHNW individual on permitted transactions under a number of overlapping freezing orders in England and several offshore jurisdictions.

Holt v Skelton. Acting for the claimant syndicate in a high-profile dispute with a well-known racehorse trainer (and other parties) concerning inter alia the trainer’s undisclosed interests in valuable horses purchased by the syndicate.

Guy v Foster. Acting for the defendant in a £18 million deceit claim in relation to the sale of a company.

Acting for a subsidiary of a large PLC in a case concerning siphoning off of company monies by trusted employees.

Advising a joint venturer on claims against a partner in respect of misappropriations from the JV coffers.

Acting for an individual trying to recover money lost to a cross-border internet fraud perpetrated by unknown defendants, including freezing relief against Persons Unknown.

Providing general advice to a local authority in respect of strategy for clawing back fraudulently claimed COVID-19 business support grants.

Defending the seller of a valuable classic car from a claim in deceit concerning the structure of his interest in/title to the car.

Several complex / novel Norwich Pharmacal and Bankers Trust applications.

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 [2021] EWHC 363 (Comm) (a LIBOR-related fraud claim and a significant case in the law of misrepresentation), to Jacobs J on GDS v NCR [2021] EWHC 1119 (Comm) (a claim raising all major economic torts), and to Bryan J on Lakatamia v Su [2021] EWHC 1907 (Comm) (unlawful means conspiracy).

Commercial Disputes

Kajetan is recommended for Commercial Dispute Resolution by both Chambers & Partners and the Legal 500. When he was first ranked in this area, he was the most junior barrister recommended for commercial litigation in Chambers & Partners, alongside counsel many years his senior – reflecting the nature of his general commercial (non-fraud) practice described in the directory as “operating at a level far beyond his call”.

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.

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).

Featured Commercial Disputes cases

A USD 130 million+ LCIA arbitration in respect of the termination of an aircraft lease following the Russian invasion of Ukraine.

A USD 80 million+ LCIA arbitration concerning sale contracts for refrigerated propane.

International Medical Technology Investments S.A.R.L. v. Consortium 9744 at Lloyd’s. A EUR 70 million+ Commercial Court dispute between a private equity house and a Lloyds syndicate in respect of warranty & indemnity cover for a share purchase transaction.

PD Teesport v P&O North Sea Ferries [2023] EWHC 857 (Comm): Acting as sole counsel for one of the largest ports in the UK in a claim against a well-known ferry operator for payment of contractual fees for failing to meet minimum volume guarantees. Following the close of pleadings, PD Teesport obtained summary judgment on the force majeure defences raised P&O (based on the impact of Covid-19 and Brexit), resulting in immediate judgment for 99% of the value of the claim. The case is cited in several passages in Chitty on Contracts, Lewison on the Interpretation of Contracts, and Benjamin’s Sale of Goods.

A v B. Advising and acting for a prominent billionaire businessman in a breach of confidence claim against former professional advisors, in relation to the advisors accepting an assignment from a party opposing C in high-profile multi-billion litigation.

Navrozov v Comfort. Unfair prejudice dispute in relation to a wine consultancy.

A Circuit Commercial Court dispute between a mailing fulfilment company and a very large online retailer in respect of freight forwarding services.

A Commercial Court dispute between a holder of a demand bond and a bank in respect of delays in payment.

Sole counsel in a number of matters raising important points of procedure, e.g. Barclays Bank Plc v Shetty [2022] EWHC 19 (Comm) (application to adjourn for the purpose of obtaining legal representation); XXX v Persons Unknown [2022] EWHC 2776 (KB) (party anonymity in a case of computer hacking); and PD Teesport v P&O North Sea Ferries [2023] EWHC 857 (Comm) (quality of evidence necessary to defeat a summary judgment application).

Advising on a variety of Russia-related sanctions matters, e.g. a British engineering firm on the lawfulness of a proposed transaction with a Russian client with links to the state; a company operating in the maritime sector on supplying services to superyachts with opaque ownership structures; a company specialising in hiring out stage equipment who had provided equipment for a Moscow theatre production; a producer of industrial machines on the deposits it held which had been paid by its Russian distributor on account of orders for machinery; a UK charity on donations received from a Russian charitable fund linked to a prominent oligarch (all as sole counsel).

Arbitration and related court applications

Kajetan has a wide and varied practice in international arbitration, concerning a wide variety of commercial disputes (in the last few years including for example mergers and acquisitions, mega-infrastructure, commodities from coal to propane to alcohol, shipping, enterprise software, private equity financing, aircraft leases). He has experience of all positions / chairs (conducting the advocacy, as junior counsel, or as co-counsel), of various arbitral rules (including ICC, LCIA, LMAA, ad-hoc, and rules of trade associations such as GAFTA and FOSFA), and different compositions of tribunals (including common lawyers, civil lawyers, mixed, and non-lawyers). He is regularly instructed by law firms outside England (from Continental Europe to Asia).

Kajetan is often instructed in relation to arbitration-specific issues, such as procedural applications/motions, jurisdictional objections, governing law disputes, and arbitration-related court applications in English courts.

Featured Arbitration and related court applications cases

Construction arbitrations, for example a USD 800 million+ ICC arbitration in respect of a major infrastructure project in the Middle East.

Shipping arbitrations under the LMAA Rules, for example concerning discharge of cargo against letters of indemnity, seaworthiness, delays, agency and management of vessels, discharge of long-term charters by repudiation or frustration, etc.

Arbitrations concerning sale of goods / international trade, for example a USD 80 million+ LCIA arbitration concerning sale contracts for propane in China.

Arbitrations concerning company and shareholder disputes, for example (1) a USD 100 million+ LCIA arbitration concerning private equity financing in Ukraine; (2) being engaged ad-hoc to co-counsel with a European arbitration boutique in relation to specific discrete issues of English law in a USD 300 million+ ICC arbitration concerning an M&A transaction; (3) a USD 50 million+ LCIA arbitration concerning directors’ duties.

Arbitrations concerning aircraft, for example a USD 130 million+ LCIA arbitration concerning aircraft left in Russia following the Russian invasion of Ukraine.

NTT Ltd & Ors v Goodall [2024] EWHC 445 (Comm). A successful application for a discretionary stay of claims brought by companies in the same group as entities bound by an arbitration agreement. The case is used as an example of this type of stay in the new edition of Mustill & Boyd on Commercial and Investor State Arbitration.

A “clash of arbitrations” case with two parallel competing arbitrations commenced in separate seats and under separate rules, where the arbitration agreement permitted only the first properly commenced of the two to proceed, leading to disputes about jurisdiction, admissibility, and governing law in each arbitration.

LCIA arbitration concerning state corruption and involving issues of witness anonymity and special measures.

Advising a Chinese company (instructed by a Chinese law firm) on challenges to a FOSFA award.

Civil procedure and open justice

Kajetan regularly advises upon and represents parties in relation to issues of civil procedure, whether governed by black letter law, high-level principles, or the Court’s discretion. He has experience of all areas of case management relevant to heavy commercial litigation, including amongst others contested amendments, disclosure, joinders, stays, full and partial summary determination, etc., and a particular expertise in issues relating to open justice and confidentiality of court proceedings (hearings in private, access to court records, party anonymity, disclosure of sensitive material, collateral use, redactions, privilege, etc.). He has acted in a number of heavily-fought multi-day procedural applications.

Featured Civil procedure and open justice cases

NTT Ltd & Ors v Goodall [2024] EWHC 445 (Comm). An application for a discretionary stay of claims brought by companies in the same group as entities bound by an arbitration agreement.

PD Teesport v P&O North Sea Ferries [2023] EWHC 857 (Comm). A summary judgment application in relation to force majeure defences, dealing inter alia with the quality of evidence necessary to defeat a summary judgment application.

Abu Dhabi Commercial Bank PJSC v Manghat [2024] ADGMCFI 0010. An application to join the client as a second defendant to a USD 1 billion+ claim.

Abu Dhabi Commercial Bank PJSC v Manghat [2023] ADGMCFI 0021 and Abu Dhabi Commercial Bank PJSC v Manghat [2023] ADGMCFI 0025. Applications relating to concurrent case management and joint trial of two USD 1 billion+ actions.

NMC Healthcare Ltd & Ors v Shetty & Ors [2023] ADGMCFI 0024. An application concerning a discretionary stay in favour of proceedings in another jurisdiction.

NMC v DIB [2023] ADGMCFI 0006. Acting for a third party in relation to disclosure in court proceedings of information confidential to that third party

XXX v Persons Unknown [2022] EWHC 2776 (KB). An application concerning inter alia party anonymity in cases of computer hacking.

Barclays Bank Plc v Shetty [2022] EWHC 19 (Comm). An application to adjourn for the purpose of obtaining legal representation.

A v B. An application for disclosure from an investment advisor (B) retained by a third party (X) in relation to confidential information belonging to A used by B in promoting X’s share issue.

Construction projects, infrastructure, and engineering

Kajetan has experience of document- and expert-heavy disputes concerning engineering projects and infrastructure, both in arbitration and in litigation. He was previously recommended as a “Rising Star” in the Construction category in the Legal 500, which described 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.” At the time, Kajetan was the joint most junior barrister recommended in that category.

Featured Construction projects, infrastructure, and engineering cases

A USD 800m ICC arbitration between the main contractor and the lead designer in respect of a major infrastructure project in the Middle East.

TCC litigation between engineering consultants and the main contractor in connection with design services and building information modelling (BIM) for a major infrastructure project on an offshore military base.

A complex £8m adjudication regarding the construction of one of the largest schools in the country (the issues included the appropriateness of advice on the form of procurement, duties to warn, management of value engineering, experts’ conflicts of interest, and the extent to which important facts can be inferred rather than proved by direct evidence).

Shipping, commodities, and international trade

Kajetan is ranked as a Rising Star in shipping disputes by the current edition of the Legal 500. He 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.

Featured Shipping, commodities, and international trade cases

For owners in two LMAA arbitrations in respect of discharge of cargo against letters of indemnity.

Concurrent LMAA arbitrations concerning a delay caused by repairs to a vessel’s ballast water treatment system.

An USD 80m+ LCIA arbitration concerning sale contracts for delivery of refrigerated commercial propane.

A USD 3m+ LMAA arbitration concerning whether a charterparty of a specialist offshore support vessel was frustrated when the planned operation became impossible due to the Covid pandemic.

Acted for a salvage company in defending a cross-border claim in respect of an alleged joint venture.

An LCIA arbitration concerning the sale of gold concentrate.

Insurance and subrogated claims

Kajetan spent a part of his pupillage with a leading insurance senior junior. He advises on and acts in a range of insurance matters, for example in respect of coverage disputes, fraud, as well as subrogated claims.

Featured Insurance and subrogated claims cases

International Medical Technology Investments S.A.R.L. v. Consortium 9744 at Lloyd’s. EUR 70m+ Commercial Court dispute between a private equity house and a Lloyds syndicate in respect of warranty & indemnity cover for a share purchase transaction.

Advising insurers and insureds alike on coverage, notifications, repudiating cover for fraud, etc. under different types of policies, including in particular (but not exclusively) issues naturally arising in connection with Kajetan’s civil fraud practice, such as defence cover under D&O policies.

A variety of subrogated claims in relation to property damage, including by fire, flood, and building subsidence.

Pearson v Northern Powergrid (Northeast) Plc [2022] 4 WLUK 184. A subrogated claim against an electric power distribution network in respect of extensive damage to electronics in a “smart home” caused by a surge in voltage. The Court accepted that strict liability for defective consumer products under the Consumer Protection Act 1987 could be applied to a surge in voltage on the basis that the relevant “product” for the purposes of the statute is not electricity as such, but domestic electricity of specific voltage and frequency. Thus by transforming high-voltage electricity to domestic voltage alongside its network, the network operator becomes a “producer” for the purposes of the Consumer Protection Act 1987 and can in principle be strictly liable for any damage caused by surges. Extremely unusually for a County Court decision, it has been referred to for that proposition in Clerk & Lindsell on Torts and Charlesworth & Percy on Negligence.

Banking and financial services

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.

Featured Banking and financial services cases

Proceedings under ss. 380/382 FSMA in respect of a £200m+ unauthorised collective investment scheme.

Advising a group of institutional investors in connection with proposed large-scale securities litigation under s. 90A FSMA.

Advising a bank in relation to a claim for alleged breach of the Quincecare duty of care.

A Commercial Court dispute between a holder of a demand bond and a trade bank in respect of delays in payment.

Acting for a bank in relation to alleged misreporting of suspicious transactions.

Acting for a bank in a successful summary judgment application in respect of refinanced debt of a construction company.

Acting for a bank against directors of a company in a claim on personal guarantees of loans to the company.

Professional Negligence

Kajetan has experience 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.

Featured Professional Negligence cases

Advising a firm of solicitors in connection with wide-ranging claims of professional negligence and breach of fiduciary duty in respect of conduct of litigation.

Mott MacDonald v Trant Engineering Limited. Junior counsel for the engineering consultants in a claim in respect of BIM design of mechanical, electrical and plumbing services on the RAF Mount Pleasant base in the Falkland Islands.

A USD 800 million+ ICC arbitration concerning a negligent concept design of a multi-billion rail project in Saudi Arabia.

Instructed (as devil) for the claimants in a claim against a firm of solicitors in respect of negligently damaging their clients’ credit rating.

Acting for an architect in a multi-defendant claim alleging (as against the architect) defects in the technical aspects of the design of a residential home.

High-stakes consumer disputes

Kajetan has significant experience of advising and acting for businesses on high-risk disputes with consumers requiring delicate strategy and difficult judgement calls, for example where the dispute concerns a unique one-off contract, gives rise to a risk of a group action, raises the risk of regulatory action, attracts adverse media interest, or involves exposure to waves of low-value consumer claims in respect of the same subject matter coordinated on social media or similar channels.

Featured High-stakes consumer disputes cases

Longley v PPB Entertainment Ltd [2022] EWHC 977 (QB); [2022] LLR 436; [2022] CLY 532: successfully defending the bookmaker Paddy Power in a £286,000 claim in respect of a horseracing bet, raising issues of mistake and the correct approach to the unfair term provisions of the Consumer Rights Act 2015. The case was extensively covered in the press, both domestic and international, and the judgment has been discussed in various case notes and commentaries, and cited in several passages of Chitty on Contracts and Benjamin’s Sale of Goods.

Advising a major online betting exchange in respect of hundreds of coordinated small County Court claims relating to the same betting market.

Advising and acting for a holiday park operator in successfully defending multiple claims related to park closures caused by the COVID-19 pandemic, where thousands of potential claimants appeared to coordinate via Facebook.

Advising a major bookmaker on settlement of bets on sporting events cancelled and postponed due to COVID-19 (both one-off events such as matches/tournaments, and long-running events cancelled or postponed mid-way such as leagues).

Acting in a number of claims in relation to political bets on betting exchanges, including in relation to betting on Theresa May’s departure from office, the outcome of the 2020 US presidential election, and the date of the UK’s withdrawal from the European Union.

Defending bookmakers in a number of claims related to problem gambling.

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