To instruct Kajetan please contact our clerks on +44 (0)20 7842 5555 or email firstname.lastname@example.org.
Kajetan is an in-demand junior who employs his substantial work capacity to maintain a broad litigation and arbitration practice across all areas of commercial law. He focuses particularly on general commercial disputes, fraud, shipping, insurance, banking and financial services, construction projects arbitration, professional negligence, and gambling sector disputes.
Apart from working as a junior (both as the only junior and in larger teams), Kajetan receives a significant volume of instructions on his own, often handling cases beyond his level of call for a growing number of repeat professional clients. He has undertaken a variety of advocacy, drafting and advisory work in various tribunals, including a number of unled appearances in the High Court.
From January to March 2021, Kajetan was a full-time Judicial Assistant in the Commercial Court and the Financial List, where he assisted judges at trials and other hearings.
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 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). He frequently advises on strategy and procedure.
During the Hilary term 2021 (January to March), Kajetan worked as a full-time Judicial Assistant in the Commercial Court and the Financial List. In that capacity, he assisted judges on a number of trials and applications, in particular gaining deep understanding of commercial fraud and various economic torts. 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 enjoys working in large teams on 9- and 10-figure disputes, and quickly integrates into the team.
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 and Bankers Trust jurisdictions, orders under the Bankers’ Books Evidence Act 1879, enforcement of judgments, etc. He also has substantial experience for his level of call of injunctive relief as sole counsel, including urgent overnight advice.
During the Hilary term 2021 (January to March), Kajetan worked as a full-time Judicial Assistant in the Commercial Court and the Financial List. In that capacity, he assisted judges on a number of trials and applications related to fraud and injunctive relief.
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 include mortgage repossession proceedings in which 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 purported to give authority to verify his pleadings to a person whose admitted fraud was an issue in that earlier litigation.
In addition to disputes between businesses, 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, e.g. disputes giving rise to risk of regulatory action and/or carrying adverse media interest. He regularly advises and acts for clients operating in regulated sectors, such as banks and gambling operators. 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.
Since March 2020, Kajetan has had regular involvement in assisting businesses facing consumer claims arising out of the global coronavirus (COVID-19) pandemic. He has acted as advocate in a number of such matters, while his advisory work has included advising on the impact of the pandemic on parties’ rights and obligations under their contracts, as well as advice on bringing or defending claims.
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’s 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.
Kajetan has experience of various construction matters in arbitration, litigation, and adjudication, particularly in heavyweight international construction arbitration.
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.
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.
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.
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.
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