Kajetan Wandowicz

Instruct Kajetan

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Kajetan is an in-demand junior who maintains a broad litigation and arbitration practice across all areas of commercial law. He has attracted unusually early recognition from the market, being described by Legal 500 in his third year of practice as “An outstandingly talented junior who is destined for big things.”

Kajetan’s practice focuses particularly on general commercial disputes, civil fraud, injunctive relief, construction and infrastructure, shipping, insurance, and banking and finance. He works equally frequently with leaders from these and from other chambers, in the latter case often at the specific request of Instructing Solicitors.

Apart from working as a junior, Kajetan receives a significant volume of instructions on his own. He has a substantial sole advocacy practice with regular unled appearances in the High Court (Commercial Court, Chancery Division, King’s Bench Division) and in arbitration. He is often instructed to appear in substantive hearings 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.

Recommendations

“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)

Commercial Disputes

Kajetan regularly advises on and acts 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 has experience of disputes governed by civil law, as well as of disputes straddling multiple actions proceeding in different jurisdictions, onshore (New York, Switzerland, India, California, UAE) and offshore (Channel Islands, BVI, DIFC, ADGM).

Kajetan 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, assisting judges on trials and applications. 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 Shipping Co Ltd v Su & Ors [2021] EWHC 1907 (Comm) (unlawful means conspiracy).

Kajetan enjoys working in large teams on 9- and 10-figure disputes, and quickly integrates into the team.

Featured Commercial Disputes cases

A multi-billion fraud dispute proceeding simultaneously in various courts including the Commercial Court and several offshore and onshore jurisdictions worldwide (secondment to a leading solicitors’ firm).

A 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 (led).

Circuit Commercial Court dispute between one of the largest ports in the UK and a well-known ferry operator in respect of contractual guarantees of minimum traffic volume (sole counsel).

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

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

Acting for the sellers in a dispute about the sale of a valuable classic car (sole counsel).

Advised a local authority on clawing back wrongly claimed COVID-19 business support grants (sole counsel).

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 (sole counsel).

Acted as 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); and XXX v Persons Unknown [2022] EWHC 2776 (KB) (party anonymity in a case of computer hacking).

Civil Fraud

Kajetan regularly acts in commercial fraud disputes, ranging from single-forum cases to heavyweight multi-jurisdictional litigation. 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 causes of action relevant in fraud claims, including deceit, breach of fiduciary duty, breach of trust, conspiracy, dishonest assistance, unlawful interference, procurement of breach of contract, bribery, and intimidation. 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.

He often works on cases which attract media coverage.

Featured Civil Fraud cases

Acting for the defendant vendor in an 8-figure Commercial Court claim in respect of a sale of a company, where the purchaser alleges that the transaction was tainted by fraudulent misrepresentation (led).

Advising an ex-CEO on USD 50m+ claims asserted by his former company alleging dishonest breaches of various directors’ duties (led).

Consultant to a leading solicitors’ firm on a USD 1bn+ fraud dispute across multiple jurisdictions.

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

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 (led).

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

Advised a joint venturer on claims against a partner in respect of misappropriations from the JV coffers (sole counsel).

Advised on contempt of court in relation to a defendant’s compliance with an order for disclosure of assets (sole counsel).

Several complex / novel Norwich Pharmacal and Bankers Trust applications.

Acted 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 (sole counsel).

Construction & Engineering

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.

Featured Construction & 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 (led).

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 (led).

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) (led).

In pupillage, assisted with a USD 150m ICC arbitration between the main contractor and a subcontractor concerning defects in Heat Recovery Steam Generators in a combined-cycle thermal plant.

Shipping and international trade

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” [2019] EWHC [1001] (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” [2019] 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.

Featured Shipping and international trade cases

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

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

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

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 (sole counsel).

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

High-stakes consumer disputes

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.

Featured High-stakes consumer disputes cases

Advised a major online betting exchange in respect of hundreds of coordinated claims relating to the same betting market.

Advised and acted for a holiday park operator in successfully defending multiple claims related to park closures caused by the COVID-19 pandemic.

Advised an online bookmaker in respect of its exposure to ca. 120 County Court claims totalling over £500,000 in respect of the same subject matter.

Advised and acted for a bank in proceedings brought by a company director concerning alleged wrongful notifications to a fraud prevention agency.

Sanctions

Kajetan has a rapidly developing practice in sanctions law, particularly in relation to Russia.

Featured Sanctions cases

Advised a British engineering firm on the lawfulness of a proposed transaction with a Russian client with links to the state.

Advised a company operating in the maritime sector on supplying services to superyachts with opaque ownership structures.

Advised a company specialising in hiring out stage equipment who had provided equipment for a Moscow theatre production.

Advised a producer of industrial machines on the deposits it held which had been paid by its Russian distributor on account of orders for machinery.

Advised a UK charity on donations received from a Russian charitable fund linked to a prominent oligarch.

Banking and finance

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.

Featured Banking and finance cases

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

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

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

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.

In pupillage, 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.

Gambling, betting, and horseracing

Kajetan has a substantial 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). He has also undertaken urgent advisory work in this field in connection with the COVID-19 pandemic.

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.

Featured Gambling, betting, and horseracing 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).

Longley v PPB Entertainment Ltd [2022] EWHC 977 (QB): successfully defending the bookmaker Paddy Power in a £286,000 claim in respect of a horseracing bet. The case was extensively covered in the press, both domestic and international, and the judgment has been discussed in various case notes and commentaries.

Acting for the Claimant owners syndicate in an ongoing high-profile dispute with a well-known trainer, subject to numerous articles in specialist and national press.

Sole counsel for a well-known thoroughbred auction house in a dispute with a buyer.

Advised an online bookmaker in respect of its exposure to ca. 120 County Court 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).

Acted for a betting exchange in successful defence of several claims in respect of bets on the date of a party leader’s official departure from office, the main issue being a betting exchange operator’s implied Braganza obligations when resolving bets between customers.

Advised a major online betting exchange in respect of hundreds of coordinated claims relating to betting on the outcome of the 2020 US presidential election.

Advised a betting exchange on multiple claims in respect of its settlement of a domestic political event market

Drafted the operator’s submissions to a betting adjudicator in a successfully defended six-figure adjudication brought by a customer in respect of betting on the date of the UK’s withdrawal from the European Union.

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 number of problem gamblers on recovering their online gambling losses.

Insurance and subrogated claims

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.

Featured Insurance and subrogated claims cases

Second junior counsel in a 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.

Advised on D&O policy coverage for multi-million-dollar claims arising out of credit facilities (as a consultant to a leading solicitors’ firm).

Advised a major Channel Islands insurer on repudiating cover for a fraudulent notification.

Advised an insurer on a fraudulent claim for loss of earnings on a personal accident policy.

Advised a foreign lawyer on coverage under a professional indemnity 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.

In pupillage, assisted with a number a large-scale insurance disputes such as a claim by a major insurer against a coverholder in respect of risks which it was alleged the coverholder should not have written, and an arbitration between two major insurers concerning which of the two insurers is liable to meet a multi-million personal injury damages judgment.

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).

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.

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.

Junior counsel for the engineering consultants in TCC litigation against a client in respect of BIM design of MEP services on a Falkland Islands military base (£1.7m claim for fees, professional negligence counterclaim alleged to be worth over £5m; settled following a successful partial summary judgment application limiting any counterclaim to £500,000).

Second junior counsel in a nine-figure ICC arbitration concerning a negligent concept design.

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).

Acted 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.

In pupillage, 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.

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