Legal 500, 2020
"Creative, intelligent, highly responsive and commercially savvy. Jonathan is an excellent member of any team: he is happy to roll up his sleeves and get stuck in with more or less any and all aspects of the litigation."
Legal 500, 2020
"Jonathan Kitchin has a very sound legal mind and is very approachable"
Legal 500, 2019
"Jonathan Kitchin is very astute, pragmatic and a measured commercial adviser, relied upon as very much an external extension of our Group Legal Resource"
Legal 500, 2019
Jonathan is Head of Commercial & Regulatory Disputes, leading a team of specialist commercial dispute resolution lawyers which include an in-house QC.
He qualified as a solicitor in 2005 and has a depth of practical experience advising on commercial disputes that arise during the lifecycle of a business. In particular, breach of contract claims, the breakdown of director or shareholder relationships, disputes arising from corporate transactions, professional negligence, team moves, fraud and emergency injunctive relief. He has specialist expertise in the financial services sector, providing counsel to firms and individuals regulated by the Financial Conduct Authority (FCA) in relation to commercial disputes, regulatory investigations, employee misconduct and risk management.
He has litigated cases in the High Court, the Court of Appeal and by way of international arbitration, achieving successful outcomes for clients by way negotiated settlements and in a number of reported cases that have reached trial (see below).
Jonathan is keen to bring sustainability to the fore in business, realising the positive social and environmental impact that the legal profession can have upon its clients and their sectors or industries.
- Successfully defending a Managing Director and founding shareholder against an unfair prejudice petition issued in the High Court under s.994 Companies Act 2006 which sought a share purchase order and damages arising from alleged mismanagement and breach of a shareholders agreement (George v McCarthy & Another ) whilst also securing D&O insurance coverage.
- Securing control of an English company by way of injunctive relief to prevent its directors from dealing with its shares, or the shares of its US parent company, and obtaining summary judgment ordering specific performance of a share purchase agreement to transfer a controlling shareholding to our client.
- Acting for a commercial agency business in relation to a substantial contractual claim for fees and profit share (an eight-figure sum) regarding the development of a large scale commercial logistics and distribution park which proceeded on the basis of a nationally significant infrastructure project.
- Advising financial planning and investment management firms in relation to employee misconduct, team moves, expert determination and warranty or indemnity claims following M&A activity, FCA investigations including s.166 skilled persons reports, professional indemnity insurance coverage and reputation management.
- Representing a boutique fund management company in London and its founding fund manager in relation to the recovery of deferred but unpaid management fees and a revenue share arrangement (Pease v Henderson  and on Appeal) and the fund management company's contractual arrangements with its Authorised Corporate Director (ACD), distribution partners and board directors.
- Representing two former employees of a bank seeking "stigma" damages and reimbursement of legal fees incurred defending themselves in relation to the LIBOR scandal including the successful dismissal of an application by the bank for Summary Judgment (Allen & Conti v Rabobank ).
- Acting for the e-commerce business of an internationally renowned entrepreneur alongside a global IT business in relation to two concurrent London seated London Court of Arbitration (LCIA) claims regarding the distribution of technology products in India.
- Conducting an international arbitration in Dubai under the Dubai International Arbitration Centre (DIAC) rules including the defence of an application to nullify an award in our client's favour and successful ratification of that award in the Dubai Courts of First Instance and Appeal.
- Enforcing a Judgment from the Dubai International Financial Centre (DIFC) against property in London in the context of ongoing familial proceedings in both Dubai and Jersey.