Kajetan Wandowicz
Call 2018
Instruct Kajetan
To instruct Kajetan please contact our clerks on +44 (0)20 7842 5555 or email clerks@4pumpcourt.com.
Kajetan maintains a deliberately broad litigation and arbitration practice in all areas of commercial law. He is regularly noted by clients and leaders for his work capacity and the ability to find creative legal ideas in difficult cases.
Apart from working as a junior (both as the only junior and in larger teams), he handles a very significant volume of instructions on his own. He has undertaken a variety of advocacy, drafting and advisory work in the High Court and the County Court, as well as other tribunals, often handling cases beyond his level of call for a growing number of repeat professional clients.
Since March 2020, Kajetan has had regular involvement in matters arising out of the global coronavirus (COVID-19) pandemic, across multiple practice areas (and including cases concerning consumers). He has acted as advocate in a number of such matters, while his advisory work has included both urgent pre-emptive advice and advising on claims.
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.
Commercial Litigation & Arbitration
Most of Kajetan’s experience has focused on international and domestic commercial dispute resolution, including arbitration (both ad-hoc and under various institutional rules including ICC, LCIA, LMAA), arbitration appeals, claims in the Commercial Court, court claims ancillary to arbitral proceedings, and a variety of interlocutory applications such as world-wide freezing orders, anti-suit injunctions, etc. Most of this work is international, and often highly confidential in nature. It usually raises issues of applicable laws and jurisdiction.
For the Hilary term 2021 (January to March), Kajetan has been appointed a full-time Judicial Assistant to the Commercial Court. In that capacity, he is assisting the judges on a number of trials, as well as applications concerning matters such as freezing and other injunctions, conflict of laws, and arbitration.
Featured Commercial Litigation & Arbitration cases
Second junior counsel in an ongoing US$ 800m ICC arbitration (Swiss law, Geneva seat) in respect of a major infrastructure project in the Middle East.
Assisted with an LCIA arbitration (English law, London seat), and related interim applications and Part 8 proceedings in the Commercial Court, between a major commodity trading house and a large oil refinery in respect of diversion and non-delivery of oil cargoes, including a €225m worldwide freezing order.
Assisted with litigation between 5 HNW Russian businessmen in respect of an alleged $6m oral contract.
Assisted with a successful application for an anti-suit injunction restraining threatened Russian proceedings in breach a London arbitration clause.
Assisted with a rectification claim in respect of aviation fuel supply agreements.
Assisted with Commercial Court proceedings in respect of enforcement of a New York Convention award (Norwegian law, Oslo seat) which was under appeal to the Norwegian Court of Appeal.
Assisted with an ad-hoc arbitration (English law, London seat) between two major insurers concerning which of the two insurers is liable to meet a multi-million personal injury damages claim.
Assisted with a Commercial Court claim by a major insurer against a coverholder in respect of risks which it was alleged the coverholder should not have written.
Assisted with a US$ 150m ICC arbitration (English law, Seoul seat) between two Korean entities in respect of a contract for the supply of components for an electrical plant.
Injunctions, Fraud and Asset Recovery
Kajetan has experience of commercial fraud disputes and related matters such as freezing orders and other injunctions, contempt of court, disclosure orders, the Norwich Pharmacal jurisdiction, orders under the Bankers’ Books Evidence Act 1879, enforcement of judgments, etc. He has assisted with high-value matters in the Commercial Court, and also has substantial experience for his level of call of injunctive relief as sole counsel, including urgent overnight advice.
Kajetan also has experience of advising on and acting in matters where fraud or allegations of fraud affect the process of the court itself rather than being the subject of the dispute. Examples of such work are a mortgage repossession claim where a court order had been obtained by a third party impersonating a barrister, and proceedings between a solicitors’ firm and a client concerning the solicitors’ handling of litigation where the client sought to be represented by a person whose admitted fraud was an issue in that earlier litigation.
Featured Injunctions, Fraud and Asset Recovery cases
Acted as sole counsel for an individual trying to recover money lost to a cross-border internet fraud perpetrated by unknown defendants, including obtaining a freezing injunction against Persons Unknown in the Chancery Division, and acting in the successful substantive claim.
Advised on contempt of court in relation to a defendant’s compliance with an order for disclosure of assets.
Assisted with successful applications for a €225m worldwide freezing order in support of a dispute about fraudulent double-selling of prepaid oil cargoes from a Russian oil refinery.
Assisted with a successful application for an anti-suit injunction restraining threatened Russian proceedings in breach a London arbitration clause.
Advised a firm of solicitors on an urgent freezing injunction application against a former client.
Advised a holiday park operator on applications for interim and final injunctions brought by an owner of a number of holiday homes located on the park.
Assisted with a Commercial Court application for an unless order in connection with the respondent’s failure to comply with an order for Extended Disclosure.
Assisted with an application for an unless order in one of the claims in the Tuke v JD Classics litigation (a long-running fraud dispute over a number of extremely valuable classic cars).
Shipping
Kajetan has experience (both assisting with high-value matters and being instructed alone) 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 cases
The “ELIN” [2019] EWHC [1001] (Comm): as pupil assisted James Leabeater QC with 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.
Worked on an advice on a potential claim in respect of carrying charges incurred when a vessel chartered on a Norgrain 1973 form missed her laycan.
Assisted with an LMAA arbitration in respect of long-term detention of a vessel in Venezuela.
The “Arctic” [2019] EWCA Civ 1161: assisted with the arbitration appeal in which the Court of Appeal determined the status of the obligation to keep a vessel in class.
Assisted with an LMAA arbitration in respect of a failure to redeliver a barge, in which the main issue was the availability and quantum of restitutionary damages for conversion.
Assisted with several claims by owners for replacement security and indemnity following the discharge of cargo against a Letter of Indemnity on the International Group A standard form.
Assisted with procedural submissions regarding the proper construction of deemed service provisions under cl 29 of the LMAA Terms 2017.
Drafted particulars of claim in respect of damage to a cargo of steel coils caused by the failure of a vessel’s crane whilst unloading.
Acted as sole counsel for a booking agency/freight forwarder in a claim brought by a shipper in respect of an allegedly inaccurate ETA.
Banking & Financial Services
Kajetan has a developing practice in financial services, and has experience of a variety of work relating to 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 instructed by banks, particularly in claims arising out of commercial financing such as business lending, guarantees, sales ledger financing, etc.
Featured Banking & Financial Services cases
Currently instructed in proceedings under ss. 380/382 FSMA in respect of a £200m+ unauthorised collective investment scheme.
Assisted with restitutionary and injunctive proceedings concerning communication of invitations to engage in investment activity through Information Memoranda not approved by an authorised person, as well as misleading financial projections.
Acted for a bank in a successful summary judgment application in respect of refinanced debt of a construction company.
Acted for a bank against directors of a company in a claim on personal guarantees of loans to the company.
Assisted with Upper Tribunal referrals of FCA Decision Notices relating to firms and individuals arising out of pension switch activities.
Construction & Engineering
Kajetan has experience of various construction matters in arbitration, litigation, and adjudication, particularly in heavyweight international construction arbitration. He has experience both of standard forms and of bespoke contracts. He is regularly instructed both on his own and as a (or the) junior counsel on a team.
Featured Construction & Engineering cases
Second junior counsel in an ongoing US$ 800m ICC arbitration between the main contractor and the lead designer in respect of a major infrastructure project in the Middle East.
Assisted with a US$ 150m ICC arbitration between the main contractor and a subcontractor concerning defects in Heat Recovery Steam Generators in a combined-cycle thermal plant.
Junior counsel for the engineering consultants in TCC litigation against the main contractor in connection with design services and building information modelling (BIM) for a major infrastructure project on an offshore military base.
Junior counsel in 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).
Acting unled for homeowners in a dispute against the developers in respect of wide-ranging defects in a luxury residential mansion.
Instructed unled by the M&E subcontractor in a claim brought by a plumbing sub-subcontractor under several ad-hoc contracts in respect of public sector projects at multiple sites across London.
Instructed unled for the claimant in a claim for defective works to an engine of a crane
Gambling and Betting
Kajetan has a substantial practice in gambling law, advising and acting for large gambling operators as well as their customers. Recent instructions have included bet outcome disputes, issues of cheating/dishonest bets, withholding of winnings pending completion of integrity investigations, claims by problem gamblers, self-exclusion, disputes with high-value / VIP customers, and the interface between findings of regulatory authorities and private law actions between the customer and the bookmaker. He 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 judgment as to the correct settlement of the bets.
He has also undertaken urgent advisory work in this field in connection with the COVID-19 pandemic.
Featured Gambling and Betting cases
Advised a major bookmaker on settlement of bets on 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 as sole counsel for a bookmaker in an ongoing £250,000 claim in respect of a horseracing bet.
Advised an online bookmaker in respect of its exposure to ca. 120 small claims totalling over £500,000 in respect of the same subject matter.
Acted for a major bookmaker in defence of a claim brought by a high-value customer whose winnings were voided on the basis that he had been at the centre of a horserace-rigging conspiracy (successfully ended with the claimant being forced to abandon the claim at an early stage).
Advised a betting exchange on multiple claims in respect of its settlement of a domestic political event market.
Acted for a betting exchange in defending several claims in respect of bets on the date of a party leader’s official departure from office.
Drafted the operator’s submissions to IBAS in a successfully-defended six-figure adjudication brought by a customer in respect of bets on an international political event.
Acted for a bookmaker in a successful defence of a claim in respect of alleged breach of a self-exclusion agreement.
Acted for a bookmaker on a successful strikeout application in a claim in respect of freezing a customer’s winnings for 10 months pending an integrity investigation.
Advised a problem gambler on recovering his online gambling losses.
Professional Negligence
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. He has assisted on several multi-million pound claims, and is regularly instructed as sole counsel in lower-value matters. Examples of his experience include:
Featured Professional Negligence cases
Advised a firm of solicitors in connection with wide-ranging claims of professional negligence and breach of fiduciary duty in respect of conduct of litigation.
Assisted with a €16m claim against a Gibraltar barrister in respect of alleged professional negligence in the conduct of a claim against a major bank.
Worked on the defence of a claim brought against a national law firm by a major developer in respect of allegedly negligent conduct of a very substantial property transaction.
Instructed (as devil) for the claimants in a claim against a firm of solicitors in respect of negligently damaging their clients’ credit rating (satisfactory settlement obtained).
Second junior counsel in an ongoing US$ 800m claim (in ICC arbitration) against the lead designer of a major infrastructure project in the Middle East concerning negligent design.
Assisted with a claim for negligent restoration of a classic car.
Acting for the defendant surveyor in an ongoing dispute in respect of an allegedly negligent building survey which is said to have failed to correctly identify the construction of walls.
Instructed for the claimant homeowners against the consultant engineers and the contractors in respect of negligent resurfacing of a road.
Instructed 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.
IT, Technology and Telecoms
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.
Featured IT, Technology and Telecoms cases
Advised a large NHS Trust on defending a claim (alleged to be worth over £600,000) by a company providing television and telephone services to patients at wards.
Drafted a defence in a claim for delays to the development of a bespoke CRM system; issues included variation of timescales and prevention of contractor’s performance by the employer.
Instructed unled for a web development firm in respect of a claim for fees and a counterclaim for alleged failures in developing a website for a private cosmetic surgery clinic.
Advised on a claim in respect of a defective broadband and telephone system.
Drafted a defence in a claim under a contract to supply and configure servers for a law firm.
Drafted particulars of claim for the subcontractor against the M&E contractor under a JCT contract for the supply and installation of a system of audio-visual equipment in a retirement development of 100+ flats (successfully settled after service of the pleading).
Insurance and Subrogated Claims
Kajetan regularly 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.
Featured Insurance and Subrogated Claims cases
Assisted with an arbitration between two major road traffic insurers concerning which of the two insurers is liable to meet a multi-million personal injury liability.
Advised a major Channel Islands insurer on the prospects of invoking the fraud clause in a retail premises policy.
Advised an insurer on a fraudulent claim for loss of earnings on a personal accident policy.
A subrogated claim for fire damage caused by a defective electrical distribution board.
Advised in respect of claims against landlords for fires caused by their tenants which then spread to neighbouring properties causing damage.
A subrogated claim in in respect of negligent installation of a wood-burning stove which caused a large fire.
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.
A subrogated claim relating to flood damage to a home caused by negligent works to the adjacent road.
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Instruct Kajetan
To instruct Kajetan please contact our clerks on +44 (0)20 7842 5555 or email clerks@4pumpcourt.com.
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