Grant Kynaston

Acting for Credit Suisse Life in the Privy Council (Bermuda), contesting a damages award of $607 million in favour of the former Prime Minister of Georgia arising out of financial frauds perpetrated by an employee of Credit Suisse AG (in a team led by Lord Falconer KC and Sebastian Isaac KC). The appeal and cross-appeal raise issues including the role of conscious awareness in deceit; the application of renvoi and double actionability in conflicts of law; and the principles for assessing contractual damages.

Acting for the Defendant companies in proceedings before the DIFC Courts, resisting a claim brought by its former CEO seeking damages in excess of US$32 million (with Andrew Trotter and Tom Watret).

Acting for a foreign company served with claims alleging copyright and trade mark infringement in respect of its proprietary trading platform (with Tom Mountford).

Advising an investment bank on a claim for breach of contract arising from an agreement to acquire shares in a debtor company (with Fraser Campbell KC).

Acting for a payment facilitation service provider, resisting a claim that an assessment applied to the Claimant for wrongfully processing unauthorised gambling transactions on the Defendant’s platform was imposed in breach of contract (unled).

Advising a former shareholder of a major beverage company on a potential unfair prejudice claim against the business’s founder (with Fraser Campbell KC).

A claim for breach of contract and unlawful means conspiracy in relation to inherited shares in a Saudi company, raising complex issues of Saudi company law (assisting Shane Sibbel for the Claimant).

Advising the Claimants, ex-directors/employees found to have been unfairly dismissed from the Respondent company, on assessing loss resulting from being deprived of the value of their shares in the business.

A claim seeking over £600 million in respect of historic misselling liabilities (assisting Fraser Campbell for the Claimant).

A claim brought by an aerospace company against its former director for breach of contractual and director’s duties in respect of a call-in notice under the National Security and Investment Act 2021 (assisting Fraser Campbell for the Claimant).

An LCIA arbitration relating to claims in debt and breach of contractual security obligations (assisting Andreas Gledhill KC and Shane Sibbel for the Claimant).

Advice on the terms and operation of Guarantee Agreements made between lenders and the Secretary of State for Business, Energy and Industrial Strategy under the COVID-19 Bounce Back Loan Scheme (assisting Fraser Campbell).

A claim against insurers under the terms of a Warranty and Indemnity Liability Insurance Policy, for insured losses of over US$22 million caused by breaches of warranties under an SPA (assisting Fraser Campbell for the Claimant).

A claim relating to the Defendants’ wrongful retention and dissemination of confidential information, in breach of a settlement agreement between the parties (assisting Fraser Campbell for the Claimants).

A high-value contractual dispute with HMRC relating to an Employee Benefit Trust Settlement Agreement, involving complex issues of tax law, trusts, and recission (assisting Leona Powell for the Claimants).

A civil fraud claim, alleged to be worth in excess of US$850 million, brought by the Kuwaiti Public Institution for Social Security against its former director general, involving questions of Kuwaiti and Swiss law (assisting Harry Adamson for the First and Second Defendants).

Unfair prejudice petitions relating to two companies within a family business, complaining of the diversion of profits and assets, exclusion from management and failure to pay reasonable dividends, all in breach of a common understanding (assisting Fraser Campbell for the Petitioner).

An unfair prejudice petition, complaining of an undervalue sale of the company’s operating subsidiary by the majority to themselves (assisting Fraser Campbell for the successful Petitioner). The majority shareholder was ordered to buy out the petitioner’s shares at value as assessed at time of sale (notwithstanding that the subsidiary had since entered administration), and a third party was found secondarily liable, having colluded in the scheme.

A claim in restitution relating to the provision by water and sewerage companies of water and drainage information to personal search companies, for a claimed quantum of over £150 million (assisting Monica Carss-Frisk KC and Jason Pobjoy for the Severn Trent Defendants). The Stage 1 decision was the first major High Court ruling on the scope and application of the Environmental Information Regulations 2004.

An application for money judgment following the Claimant's successful claim for breach of joint venture fiduciary duties, arising from his wrongful exclusion from the joint venture companies and the transfer of their assets to entities controlled by the Defendant (assisting Shane Sibbel for the Claimant).

Advice for the Principal Employer of a defined benefit pension scheme on the operation of return of surplus provisions and the parameters of rationality/good faith within which decisions should be made on discretionary increases to pensions in payment (assisting Fraser Campbell).

A claim seeking negative declaratory relief against the Claimant's former employee, an investment analyst claiming entitlement to a bonus alleged to be worth almost £8 million. (assisting Fraser Campbell for the Claimant).

Advice for the director of a property company on an unfair prejudice petition against his co-director, complaining of diverted opportunities, exclusion from management, and the exploitation of company resources (assisting Fraser Campbell).

Advice for a high-worth individual on issues of company law in relation to the corporate trustee of a family trust (assisting Fraser Campbell).

A civil fraud claim brought against the Claimant company's former joint venture partner, relating to the sale of its share in an aviation leasing and consultancy business (assisting Harry Adamson for the Claimant).

Claims and counterclaims relating to the consequences of a company reorganisation in which the First Claimant was bought out of the family business (assisting Fraser Campbell for the Defendants).

Advice for a major telecommunications company on the enforcement of high-value arbitration proceedings in the UK (assisting Leona Powell).

A claim against the Claimant's former employee and competitor companies, seeking relief for the wrongful dissemination of confidential information and the diversion of business opportunities (assisting Fraser Campbell for the Claimant).

A civil fraud claim relating to investments in a luxury resort in Thailand, raising questions of Thai law (assisting Shane Sibbel for the Defendants).

An application to appeal on (inter alia) the test for when a claimant is constructively on notice of the need to investigate their claims for the purpose of assessing limitation periods (assisting Harry Adamson for MGN Ltd). This application formed part of the Mirror Newspapers hacking litigation.

Advice for the Secretary of State for Defence on a claim for damages for breach of contract against an external contractor (assisting Harry Adamson).

Acting for the Secretary of State for Northern Ireland in the Supreme Court, challenging a decision by a Coroner to disclose Public Interest Immunity-certified material in the context of a Troubles-related inquest (in a team led by Sir James Eadie KC, Tony McGleenan KC and Jason Pobjoy KC). The case raises significant questions as to the Executive’s institutional competence in matters of national security, and the applicable standard of review for its national security assessments.

Acting for the Claimant children and parents challenging the removal of the VAT exemption from independent school fees, on the basis that the amended legislation infringes their A2P1 right to access education and is discriminatory contrary to Article 14 (with Lord Pannick KC and Paul Luckhurst).

Advising the Government Digital Service and OfDIA on legal consequences of the use of the GOV.UK Wallet for identity verification in the private sector (with Tim Otty KC).

Advising a significant proposed energy infrastructure project on a contemplated application for judicial review (with Tom de la Mare KC).

Advising the British Business Bank on the legal consequences of its commercial and public functions (with Hanif Mussa KC).

Acting for the Claimant seeking judicial review of the six-year delay in the determination of his application for asylum (unled).

Advising the legal entity responsible for managing the Royal Parks on its relationship with the Crown (with Iain Steele).

An appeal on whether a public authority under the duty of candour is entitled to redact the identities of junior civil servants from disclosed documents on the ground of relevance (assisting Sir James Eadie KC and Jason Pobjoy for the Home Secretary).

The first appellate consideration of sanctions designations under the Russia (Sanctions) (EU Exit) Regulations 2019 (assisting Sir James Eadie KC and Jason Pobjoy for the Secretaries of State).

Acting for the Astana Financial Services Authority, successfully resisting an application to appeal a judgment upholding its decision to reject an application to operate a cryptocurrency facility in the AIFC FinTech Lab on grounds of fitness and propriety (with Ben Jaffey KC).

A claim in restitution relating to the provision by water and sewerage companies of water and drainage information to personal search companies, for a claimed quantum of over £150 million (assisting Monica Carss-Frisk KC and Jason Pobjoy for the Severn Trent Defendants). The Stage 1 decision was the first major High Court ruling on the scope and application of the Environmental Information Regulations 2004.

Advice for a financial regulator on managing potential third-party rights issues during an ongoing investigation (assisting Harry Adamson).

An application by the Home Secretary to withdraw undertakings provided to the Upper Tribunal following its serious errors in the handling of the Applicant’s student visa application (assisting Jason Pobjoy and Rayan Fakhoury for the Applicant).

A challenge to the Secretary of State for Justice’s decision to accept a recommendation to terminate the Claimant’s Board membership, following her grossly negligent decision to direct a prisoner’s release (assisting Fraser Campbell for the Parole Board).

A challenge to the Exceptional Case Funding Guidance concerning public funding for legal representation (assisting Shane Sibbel for the Lord Chancellor).

An appeal relating to a FOIA request for information held about the 1995 Panorama interview with the late Diana, Princess of Wales (assisting Jason Pobjoy and Will Bordell).

Advice for the Lord Chancellor on matters relating to the review of the Personal Injury Discount Rate under the Civil Liability Act 2018 (assisting Shane Sibbel).

Advice for the Attorney General on the merits of potential contempt proceedings for breach of an order under penal notice (assisting Fraser Campbell).

Advice for the Secretary of State for Justice on the disclosure of information about spent convictions (assisting Fraser Campbell).

Advice for a sports governing body on the intersection between national and European licensing and disciplinary jurisdictions (assisting Adam Lewis KC and Jason Pobjoy).

Advice for the BBC on the correct application of the Ofcom Broadcasting Code in respect of infringements of privacy by a programme maker (assisting Jason Pobjoy).

Advice for the Foreign, Commonwealth and Development Office on a challenge to the designation of an entity under the Belarus (Sanctions) (EU Exit) Regulations 2019 (assisting Jason Pobjoy).

Advising an investment bank on a claim for breach of contract arising from an agreement to acquire shares in a debtor company (with Fraser Campbell KC).

Advising a former shareholder of a major beverage company on a potential unfair prejudice claim against the business’s founder (with Fraser Campbell KC).

Advising the Claimants, ex-directors/employees found to have been unfairly dismissed from the Respondent company, on assessing loss resulting from being deprived of the value of their shares in the business.

An unfair prejudice petition, complaining of an undervalue sale of the company’s operating subsidiary by the majority to themselves (assisting Fraser Campbell for the successful Petitioner). The majority shareholder was ordered to buy out the petitioner’s shares at value as assessed at time of sale (notwithstanding that the subsidiary had since entered administration), and a third party was found secondarily liable, having colluded in the scheme.

A claim brought by an aerospace company against its former director for breach of contractual and director’s duties in respect of a call-in notice under the National Security and Investment Act 2021 (assisting Fraser Campbell for the Claimant).

An application for money judgment following the Claimant's successful claim for breach of joint venture fiduciary duties, arising from his wrongful exclusion from the joint venture companies and the transfer of their assets to entities controlled by the Defendant (assisting Shane Sibbel for the Claimant).

Unfair prejudice petitions relating to two companies within a family business, complaining of the diversion of profits and assets, exclusion from management and failure to pay reasonable dividends, all in breach of a common understanding (assisting Fraser Campbell for the Petitioner).

Advice for the director of a property company on an unfair prejudice petition against his co-director, complaining of diverted opportunities, exclusion from management, and the exploitation of company resources (assisting Fraser Campbell).

Significant director disqualification proceedings brought by the Secretary of State for Business (assisting Andreas Gledhill KC and Harry Adamson for the director).

Claims and counterclaims relating to the consequences of a company reorganisation in which the First Claimant was bought out of the family business (assisting Fraser Campbell for the Defendants).

A claim against the Claimant's former employee and competitor companies, seeking relief for the wrongful dissemination of confidential information and the diversion of business opportunities (assisting Fraser Campbell for the Claimant).

Advice for a high-worth individual on issues of company law in relation to the corporate trustee of a family trust (assisting Fraser Campbell).

Acting for Apple in collective proceedings brought on behalf of app developers, alleging that the commission charged on app purchases made through the App Store infringes Article 102 TFEU/the Chapter II prohibition (in a team led by Brian Kennelly KC, Marie Demetriou KC and Daniel Piccinin KC).

Acting for UBS AG in a claim brought by the receiver of 19 closed US banks alleging collusive suppression by Panel Banks of the USD LIBOR rate between 2007 and 2009 (with Brian Kennelly KC and Paul Luckhurst).

A successful partial strike-out application within collective proceedings in the CAT relating to the delisting of the BSV coin by cryptocurrency exchanges, for a claimed quantum of up to £9.9 billion (assisting Brian Kennelly KC and Jason Pobjoy for Binance). The application concerned the assessment of damages and loss of chance analysis in the competition context.

Proposed collective proceedings in the CAT relating to Amazon’s use of proprietary seller data for its own product entry strategies, for a claimed quantum of up to £1.14 billion (assisting Jason Pobjoy for the Proposed Class Representative).

Multiple claims brought by retailers under Articles 101 and 102 TFEU, relating to the interchange fees applicable to payment card transactions (assisting Jason Pobjoy for Visa).

An appeal relating to the application of the presumption against extraterritoriality to the Competition and Markets Authority’s enforcement powers (assisting Brian Kennelly KC and Jason Pobjoy for Volkswagen).

Acting for Credit Suisse Life in the Privy Council (Bermuda), contesting a damages award of $607 million in favour of the former Prime Minister of Georgia arising out of financial frauds perpetrated by an employee of Credit Suisse AG (in a team led by Lord Falconer KC and Sebastian Isaac KC). The appeal and cross-appeal raise issues including the role of conscious awareness in deceit; the application of renvoi and double actionability in conflicts of law; and the principles for assessing contractual damages.

Acting for UBS AG in a claim brought by the receiver of 19 closed US banks alleging collusive suppression by Panel Banks of the USD LIBOR rate between 2007 and 2009 (with Brian Kennelly KC and Paul Luckhurst).

Acting for a payment facilitation service provider, resisting a claim that an assessment applied to the Claimant for wrongfully processing unauthorised gambling transactions on the Defendant’s platform was imposed in breach of contract (unled).

Advising the British Business Bank on the legal consequences of its commercial and public functions (with Hanif Mussa KC).

Acting for the Astana Financial Services Authority, successfully resisting an application to appeal a judgment upholding its decision to reject an application to operate a cryptocurrency facility in the AIFC FinTech Lab on grounds of fitness and propriety (with Ben Jaffey KC).

Advice for a financial regulator on managing potential third-party rights issues during an ongoing investigation (assisting Harry Adamson).

A claim for breach of contract and unlawful means conspiracy in relation to inherited shares in a Saudi company, raising complex issues of Saudi company law (assisting Shane Sibbel for the Claimant).

A civil fraud claim, alleged to be worth in excess of US$850 million, brought by the Kuwaiti Public Institution for Social Security against its former director general, involving questions of Kuwaiti and Swiss law (assisting Harry Adamson for the First and Second Defendants).

A civil fraud claim brought against the Claimant company's former joint venture partner, relating to the sale of its share in an aviation leasing and consultancy business (assisting Harry Adamson for the Claimant).

A civil fraud claim relating to investments in a luxury resort in Thailand, raising questions of Thai law (assisting Shane Sibbel for the Defendants).

An application to appeal on (inter alia) the test for when a claimant is constructively on notice of the need to investigate their claims for the purpose of assessing limitation periods (assisting Harry Adamson for MGN Ltd). This application formed part of the Mirror Newspapers hacking litigation.

Advice for a financial institution on a Norwich Pharmacal order application in respect of a potential claim for alleged misconduct related to shares in an Indonesian company (assisting Harry Adamson).

Advice for a potential claimant on the availability of interim injunctive relief against a former employee acting in breach of duties of confidence and restrictive covenants (assisting Harry Adamson).

A freezing application sought against his property in England in support of civil fraud proceedings in Delaware (assisting Harry Adamson for the Respondent).

Advice for a potential claimant on a claim relating to the misappropriation of valuable artwork located abroad (assisting Harry Adamson).

Advising on grounds for challenging the lawfulness of a decision that Cambridge PGCE students were ineligible to row in the annual Boat Race between Oxford University Boat Club and Cambridge University Boat Club on the basis that the PGCE was not a “degree-level qualification” (with Kieron Beal KC, Ravi Mehta and Will Bordell).

The appeal of a Premier League Commission decision to impose an immediate 10-point deduction for the Club’s breach of the Profitability and Sustainability Rules (assisting Jason Pobjoy for the Premier League).

Advice for an agency contemplating a claim against a competitor for inducing breach of contract in relation to poaching a player under representation (assisting Shane Sibbel).

Advice for a sports governing body on the intersection between national and European licensing and disciplinary jurisdictions (assisting Adam Lewis KC and Jason Pobjoy).

Acting for the Claimant children and parents challenging the removal of the VAT exemption from independent school fees, on the basis that the amended legislation infringes their A2P1 right to access education and is discriminatory contrary to Article 14 (with Lord Pannick KC and Paul Luckhurst).

Acting for the ELSC as Intervener, opposing the University’s application for a Persons Unknown precautionary injunction restraining protest at the University of Cambridge in the context of the Palestine-Israel conflict.

Advising on grounds for challenging the lawfulness of a decision that Cambridge PGCE students were ineligible to row in the annual Boat Race between Oxford University Boat Club and Cambridge University Boat Club on the basis that the PGCE was not a “degree-level qualification” (with Kieron Beal KC, Ravi Mehta and Will Bordell).

Advising parents on the lawfulness of the Governors' decision to close their children's school and sell its property with vacant possession (unled).