Humphries Kerstetter LLP

Since HK’s establishment in 2009, our clients have trusted us with their most important and difficult business disputes and investigations. Many of our clients are referred to us by full-service international law firms, foreign lawyers and senior members of the English Bar.

We work with clients from a diverse range of industry sectors including financial services, energy, defence, insurance, information technology, international trade, pharmaceuticals, telecommunications, media, construction, and extractive projects. Given the backgrounds of our  partners, the firm enjoys a particularly strong banking and financial services client base, acting for and against investment banks, private equity houses and fund management companies.

We have particular experience in managing international disputes that require proceedings in foreign courts, arbitration in an international forum, the application of foreign law or the involvement of sovereign state parties. Where matters of foreign law arise we partner with similar market-leading firms with the necessary expertise in the relevant jurisdictions.

Our partners are experienced and technically excellent lawyers all having come from London-based large international law firms.

A number of our lawyers are experienced solicitor-advocates; James Russell and Toby Starr have conducted High Court trials as advocates, and Kris Kerstetter and Robert Javin-Fisher have conducted final arbitration hearings as advocates.

We are conflict-free due to our specialisation in commercial dispute resolution.

Client service: Excellent client service is at the heart of everything we do.

Disputes happen. In today’s fast-paced world, legal issues can arise unexpectedly and evolve rapidly. When they do, we are here to guide our clients through to a resolution, utilising our wealth of experience in the conduct of high-value and complex commercial litigation and arbitration across a range of sectors. We are also at home with the strategic and commercial planning that takes place long before, or instead of, a dispute reaching a court or tribunal.

Our team is dedicated to achieving optimal outcomes through meticulous preparation, innovative problem-solving, and adept negotiation skills. We are relentless in our pursuit of justice and fairness, always seeking to resolve conflicts in a manner that is both efficient and satisfactory for all parties involved. By upholding these values, we foster an environment of trust and respect, which is conducive to reaching resolution. We have an excellent track record of achieving successful outcomes for our clients, whether that be by final determination of the dispute by a court or tribunal or through settlement. Most of our cases are resolved without the need for trials.

No two cases are the same. Recognising that behind every case are individuals facing significant challenges, we offer compassionate, personalised support that respects their needs and perspectives. Many of our lawyers have lived and worked overseas. We understand the influence that local culture can have on the conduct and resolution of disputes, and we adapt our advice and strategy accordingly.

Our lawyers are adept at tailoring our strategies to suit the unique needs of each client and situation. We are not afraid to think outside the box and explore creative commercial solutions to achieve our clients’ objectives. We pride ourselves on our flexibility and agility in handling our clients’ disputes.

Partner availability and personal engagement on all our cases is a key feature of our practice. We avoid inefficiencies and unnecessary cost by deploying streamlined teams dedicated to the case at hand.

Our team is committed to providing a prompt and efficient service, ensuring that our clients’ needs are addressed in a timely manner. Whether it is responding to urgent inquiries or meeting tight deadlines, you can count on us to be there when you need us most.

Our hourly rates are highly competitive relative to other City law firms and litigation boutiques. We use all forms of alternative fee arrangements and are willing to share risk with our clients in appropriate cases.

The firm has consistently been recognised for the quality of its work and client service. We are regularly ranked in The Legal 500 for our expertise in litigation, and are ranked as “Top Tier” for our work in Commercial Litigation (mid-market). Additionally, we have been shortlisted three times by The Lawyer for Boutique Law Firm of the Year, and by Legal Business for Litigation Team of the Year.

Commercial itigation: We have vast experience of court litigation in all levels of the English higher courts. We are also often instructed to manage court litigation relating to international disputes taking place in off-shore or other foreign jurisdictions.

We work closely with our clients in pursuing their commercial objectives in many types of disputes that are subject to court litigation including those that concern:

• Banking and financial services
• Companies (including shareholders and directors)
• Commercial contracts
• Competition (private enforcement actions) and group action (please see our Collective Redress page for further details)
• Fraud and corruption
• IT and technology
• Pharmaceuticals
• Licensing and distribution
• International trade
• Shipping
• Insurance and reinsurance
• Mergers and acquisitions (including claims relating to completion accounts and warranties)
• Funds and private equity
• Private international law
• Professional negligence (particularly accountants and lawyers)
• Senior executive compensation and poaching

International arbitration: We have extensive expertise in acting for clients in arbitrations under all the major international sets of arbitration rules and involving multiple systems of law or even general principles of international law. We develop global strategies and assemble case-specific teams of sophisticated international lawyers in all relevant jurisdictions to handle the most complex cross-border cases. We also act both for and in opposition to sovereign states. We cover all aspects of international disputes including the enforcement of awards wherever counterparties have their assets.

Our expertise includes advising in relation to:

• Mergers and acquisitions (including completion accounts and warranties)
• Complex sale, licencing and distribution agreements
• Joint ventures
• Investment treaty disputes
• Industrial projects
• Government contracts
• Financial instruments
• International trade

This experience spans numerous industry sectors including:

• Oil and gas
• Mining and minerals
• Defence
• Pharmaceuticals
• Shipping
• Media and telecommunications
• Financial services
• International services and consultancy contracts
• Construction

Our partners also accept appointments to act as arbitrators in domestic or international commercial disputes.

Collective redress: HK is a leading London law firm active in ‘class action’ work. Our mandates are typically for businesses and other organisations as claimants against other businesses (although as a firm we remain generally open to acting for claimants and defendants). We work with litigation funders and ATE insurers as appropriate to meet our clients’ requirements and are familiar with market norms for documentation and pricing.

We are currently instructed on behalf of the claimants/proposed class representative in actions concerning Google and Blackmore Bond.

We are actively engaged in a number of further class actions in technology, data and financial services.

HK has an established reputation in this field, being particularly well-known for acting for and ultimately settling the claims of a large group of 700 merchants, local authorities and others in the interchange fees litigation against Mastercard and Visa. The firm has also worked on the investigation or pursuit of class actions involving a range of fraudulent and reckless investment schemes, failed SIPP and property investments, data breaches, failed tax schemes and ‘stock drop’ claims, amongst other work.

We have the legal knowledge, the funding and insurance connections, and the team strength to handle class actions effectively. This means our clients do not need to pay unless and until recoveries are made and only pay out of those recoveries for our fees and all necessary disbursements. We prepare cases to fight to trial but aim to reach earlier settlements in the interests of all concerned.

Investigations: We have performed many internal investigations for clients in a number of sectors. We have advised and represented clients in regulatory investigations and disciplinary and enforcement proceedings such as before the Financial Conduct Authority, the Upper Tribunal and the Financial Reporting Council. We have acted for individuals and institutions in relation to high profile international regulatory investigations including interest rate, FX and overseas corrupt payments.

Representative mandates include conducting an investigation into financial reporting irregularities for a multi-national; an investigation into allegations of bullying and inappropriate conduct by a bank CEO; and an internal investigation of a major utility company in connection with compliance with safety requirements in North Sea oil and gas exploration and storage.