Darren Kenny

Typically, my cases are multi-jurisdictional and I have considerable experience of working with international lawyers in formulating and coordinating global litigation strategies. 

The use of cutting-edge technology, together with the development of process efficiencies, are also an integral part of my practice and ensure the expeditious and cost-effective resolution of claims.

I receive regular recognition in the leading legal directories. In Chambers & Partners, I have been described as having "remarkable strategic insight that he combines with very effective legal knowledge"; "an eye for strategy and knows what to focus on to get you through trial"; "good technical knowledge, is extremely effective, and is focused on client service"; and "strength in providing strategic advice".  It also commented that I am "able to absorb information and issues rapidly and provides helpful input"; "very thorough, commercially-minded and extremely hard-working"; "very quick to respond, attentive to detail and delivers right on time"; and "thorough, practical, sensible in his approach and easy to work with as well".  I am also described as "meticulous, very user-friendly, straightforward and effective. I was very impressed" and that "he earns praise for his cross-border litigation practice. He frequently handles high-value cases concerning insolvency, fraud and shareholder disputes".

Similarly, Legal 500 notes that I am "an expert in international fraud and asset recovery, representing banks that have been defrauded by owners and managers"; "bright and efficient and great at ensuring matters progress efficiently and sensibly"; "pragmatic and very good at finding clear and workable solutions to the complex procedural and technical issues that arise in large-scale litigation"; "great to work with. He is switched on, intelligent, builds excellent relationships and has a good range of experience"; "driven and client focused, taking an inventive and proactive approach in litigation to try to achieve the best outcome"; "very dedicated and astute"; "an extremely dedicated, bright and determined litigator." I also received recognition for having a "great strategic eye for where and when to apply pressure to win a case, combined with a relaxed and reassuring approach that makes him easy to work with". 

I have significant experience in commercial fraud disputes and regularly represent ultra-high net worth individuals, banks and businesses who have been the subject of fraud. I have advised on investor class actions under sections 90 and 90A of the Financial Services and Markets Act 2000 (FSMA) and also advise on issues arising from technology projects such as project delays and failures, defective software and hardware, termination and other contractual matters. Much of my work has an international dimension and I am frequently instructed on complex jurisdictional and governing law disputes. I also have a keen interest in representing vegan and other ethical businesses.

Many of the cases in which I am involved are business critical and I have been involved in numerous injunctions including freezing injunctions, search and seizure and computer imaging orders, as well as anti-suit, restraint of trade, breach of confidentiality, delivery up and continued supply injunctions. I also act as a supervising solicitor to oversee the carrying out of injunctions by other law firms.

In addition, I have significant experience of using alternative dispute resolution techniques to achieve the best results for my clients. I have been involved in numerous mediations and accept instructions to act as an expert witness in expert determinations and early neutral evaluations. I have also acted as an expert for the US, Russian and Italian courts on matters of English law and I receive instructions from accountants and in-house lawyers to provide expert legal opinions.

Recent cases, undertaken whilst at my previous firm, include:

• Expert opinion regarding the doctrine of loss of chance, in a $9 billion oil dispute. 
• $500 million fraud LCIA arbitration between two billionaires regarding a partnership / joint venture. 
• Acted in the leapfrog appeal of JTI Polska Sp. Z o.o. v Jakubowski, before an enlarged panel of 7 Supreme Court Justices, which concerned whether the Supreme Court should depart from the House of Lords' decision in James Buchanan & Co. Ltd v Babco Forwarding & Shipping (UK) Ltd. [1978] AC 141 and hold that excise duty payable in respect of goods which are stolen in the course of international carriage by road cannot be claimed under article 23(4) of the Convention on the Contract for the International Carriage of Goods by Road 1956 (the CMR Convention).
• Successfully recognised and enforced in England a Dubai judgment in the sum of £81m and reversed two transactions defrauding creditors under section 423 of the Insolvency Act 1986 (being gifts of real estate and money from father to son).  Obtained interim and post-judgment Freezing Orders, and a little-used Order compelling a name search of the Land Registry to identify any other properties owned by the defendants.  
• Acted for a Government in a £6m software licensing dispute regarding alleged license overuse.
• $250m dispute in the LCIA regarding a loan agreement between a bank and Cypriot energy fund.
• Acted for a food tech business against former employees for breach of confidentiality and restrictive covenants. 
• $170m fraud dispute between two tycoons regarding a joint business venture, with complex issues regarding choice of law and jurisdiction.  
• Defended a County Council in a £9m claim alleging misfeasance in public office.  
• $100 million shareholders dispute regarding the disputed ownership of 2 banks.  Settled part-way through a 7-week trial.
• Acted for a bank in a dispute with a software developer, with allegations of fraudulent misrepresentation. 
• $50m personal guarantee dispute in the LCIA, with allegations of fraud.
• Successfully defended a Russian tycoon in a claim brought by a BVI company to recover £26m allegedly due under 17 loan agreements, which were in fact part of a corporate raid by a Russian former business rival. 
• $25m claim between a World Bank entity and a listed Indian engineering company regarding the repayment of a loan relating to the purchase of oil rigs in Libya. 
• Striking out a claim to set aside a judgment on the grounds that it was allegedly procured by fraud, and obtaining a Civil Restraint Order.
• The first-ever reported case in Europe as to the meaning of “defendant” for the purposes of the CMR Convention. 
• Successfully applying for an expedited trial – with the trial taking place only 10 days after the claim was commenced – and succeeding on all issues at trial, concerning the sale of a vast property portfolio jointly held by 2 partners.