-
I am a Partner in our Litigation, Advisory and Regulatory team and have more than 25 years’ experience advising public, private and third sector clients on complex disputes, investigations and criminal regulatory matters.
I have extensive experience in handling a broad range of corporate and commercial disputes. This covers:
- Commercial Contract Disputes (including Breach of contract; IT and other Outsourced Services Contact Disputes)
- Corporate Disputes (including Breaches of Fiduciary Duty; Shareholder Actions and other transaction related disputes)
- Disputes related to Insurance Policy and Indemnity
- Breaches of Restrictive Covenants/Confidentiality and protection of Brand/Reputation (IP Infringement; Breaches of Franchise/Licence Agreements and Defamation)
- Supply Chain and Product Related disputes (Breaches of Supply and Distribution Agreements; Product Liability Claims)
- Professional Negligence Claims (against Lawyers; Accountants/Financial Advisers; Professional Consultants; Valuers/Surveyors); and
- All types if International/Cross-Border Disputes (including international dispute resolution processes such as Arbitration).
I have a strong track record of success in more formal litigation (either through the courts or by way of arbitration) but also seeking resolution by way of alternative dispute resolution (ADR), including expert determination, negotiation and mediation.
Adam leads an extremely capable team of dispute resolution lawyers. He instinctively knows when his closer personal involvement is required and consistently provides a first-rate service with a high success rate.
Alongside advising on commercial disputes, I also provide comprehensive advice and support to clients on health and safety and other corporate/criminal regulatory matters. This includes:
- All aspects of Health & Safety (including advising and representing organisations and senior individuals following workplace fatalities and serious incidents).
- Advising and supporting organisations on developing and maintaining health & safety and other compliance and risk management policies and procedures
- Supporting local authorities and fire authorities in taking appropriate enforcement action and pursuing prosecutions for a wide range of health & safety; fire safety; food safety/hygiene and other regulatory offences.
- Providing practical advice and support (including training) around the increasing number of corporate criminal offences - anti-bribery; prevention of money laundering/tax evasion/modern slavery and the recently introduced criminal offence of failure to prevent fraud.
I act for clients across all sectors but have a specific responsibility and lead the firm’s Major Corporate market, coordinating our work for larger corporate clients and working with General Counsel and in-house legal teams on contentious and risk-related matters.
Adam Kendall is an excellent practitioner. He brings his commercial nous into the sector and approaches his cases in an intelligent and analytical way. His client care is excellent and is suitably tough in dealing with the regulator. Always gives clients good, practical advice. Fights winnable cases hard and will compromise where necessary.
Adam Kendall has worked well with us to understand our needs and has given us a high level of confidence in what he and the team can deliver.
-
Corporate and Commercial Litigation
My experience includes:
- Acting for a major UK brewer in a multi-million-pound professional negligence claim over advice and consultancy services provided by a firm instructed to design and implement a new supply chain strategy for their UK business. This was a high-profile case in the Commercial Court but settled following two separate days of mediation.
- Acting for an international producer and supplier of materials, products and services principally in the construction industry in a US$1.7m dispute with its insurers following a major kiln failure in Jamaica. The dispute centred around the applicability of several policy exclusions and particularly whether the damage was as a result of defective design or latent defect and/or operational error by the employees working in the kiln. The dispute was dealt with by way of an ad-hoc arbitration
- Acting for a Metropolitan Borough Council in a £1.2m dispute over the use of a disused quarry for waste disposal purposes. The claim concerned the Council's obligations pursuant to a licence governing the deposit of waste materials at the quarry and restoration of the land afterwards. The dispute went to the Court of Appeal and revolved around several complex environmental considerations frustrating performance of the contract including protection of Great Crested Newts and ground-water contamination
- Advised four waste collection authorities on a contract dispute with a waste collection services provider. The value of the claims and counterclaims exceeded £20m and related to a variety of issues around performance, the accuracy of pre-contract information provided by the councils, and TUPE issues. The dispute raised issues about express and implied terms, statutory obligations, and the interaction with a separate PFI contract relating to the processing of waste in the region.
- Acting on behalf of a body that investigates fraud, in its circa £15m claim against an international technology company, for delay in the development and implementation of complex IT system to help it investigate fraud and identify fraud patterns, and for issues with the design and testing of that system
- Advising on a range of product liability disputes including representing one of the main defendants in the defective PIP breast implant group litigation; a multi-million-pound contractual claim with a supplier of defective gas meters and various claims concerning defective medical equipment.
Criminal Regulatory and Health and Safety
My experience includes:
- Representing a local authority in relation to a highly complex health & safety prosecution of multiple defendants, including a major retailer, following the death of a young child in its store when a queue barrier toppled onto him causing a fatal head injury
- Advising a Housing Association following the death of an employee of one of its subsidiaries when a canister of toxic adhesive he was using to lay a bathroom floor became damaged leading to an uncontrolled release of the substance into the room.
- Advising an NHS Trust following the death of an elderly outpatient (and serious injury to another) caused by the downdraft of an emergency helicopter when landing at the hospital’s designated helipad.
- Carrying out a comprehensive investigation for a housing association following a health and safety incident during which a toddler fell from an upper first floor window at one of its tenanted properties.
- Advising a major UK ground contractor following the death of a worker, killed by a piece of plant machinery on a construction site in Rugby. Provided immediate representation when employees were being interviewed by both the police and HSE and ongoing representation at the subsequent inquest and prosecution by the HSE.
- Advising a plant hire company following a fatal accident to an employee in South Wales; attended lengthy interviews under caution; representing and giving a plea in mitigation in the Magistrates and advising on the subsequent plea in the Crown Court.
-
50 Years of Health & Safety: Pioneers of Protection - James Ageros KC
01/07/2024
Health and Safety: A barristers perspective
Prosecuting Successfully – Practical Lessons and Insights
14/11/2023
Key steps and crucial processes for a successful prosecution
Fixing for a costs fight
29/09/2023
The remit of Fixed Recoverable Costs to be significantly expanded
Protect Duty for public places
13/02/2023
Cross-border data flows – EU and UK updates
27/04/2022
A return to Privacy Shield?
20/04/2022
Equalities, diversity and inclusion and wellbeing – duty of care to...
09/12/2021
A look at legal obligations and commitments to staff vs the right thing to do for individuals to create a supportive, inclusive...
Key issues for GCs and in-house lawyers
15/03/2021
National Housing Federation Code of Governance in-focus: Leading the...
15/12/2020
Governance Spotlight Special
COVID-19 Housing Resources
09/04/2020
Keeping the Housing sector informed with guidance and support during the COVID-19 emergency
Coronavirus – Pensions Factsheet
24/03/2020
What are your data protection obligations during the COVID-19 pandemic...
19/03/2020
COVID-19 Emergency
Brexit and GDPR - Business as Usual
14/02/2020
Auto Pilots - The automotive sector challenge
15/04/2019
Insider Magazine reports on the recent Bevan Brittan automotive manufacturing roundtable
Brexit advice from Bevan Brittan
14/01/2019
Recruitment agency fee disputes
16/09/2014
Agency fee disputes are common within the recruitment sector, often caused by a lack of understanding and/or awareness of the...
Payments by mistake - safeguards for banks
13/08/2009
Banks must ensure there are adequate safeguards in placefor dealing with payments made by mistake. A bankmay be liable in...
Adam Kendall and Louise Mansfield have supported us for a number of years and grown a deep understanding of our needs within our sector and how they can assist and advise on matters raised.
Adam's areas of expertise
- NHS
- Independent Health
- Social Care
- Local Government
- Insurance
- Energy
- Housing & Regeneration
- Manufacturing
- Infrastructure
- Higher Education
- Culture & Heritage
- Criminal Regulatory
- Commercial Dispute Resolution
- Investigations & Inquiries
- Reputation Management
- Governance, Risk & Compliance
- Major Incidents