Alexander Kingston-Splatt

Alexander has considerable experience of litigation concerning contracts of different types within various industries, including light and heavy manufacturing, information technology, insurance, aerospace, retail and construction. His cases often involve an international dimension. He is frequently instructed to advise on the interpretation and enforceability of contractual arrangements, and to draft complex and bespoke contractual documentation. He welcomes instructions in relation to:

• the interpretation and enforcement of contracts;
• disputes concerning the sale and supply of goods and services;
• the enforcement of judgments, including issues as to tracing or following of assets;

 Recent work includes:

• Arena Television Ltd (in liq.) v Yeowart & Hopkinson [2022] (Ch) (ongoing), led by Simon Mills, acting for the Claimant’s in a claim for c.£250m damages arising out of alleged fraud involving HP agreements and financing of assets that did not exist and/or bore forged serial numbers. Cs previously obtained a worldwide freezing order limited to £250m and a proprietary injunction;
• Acting for a major domain registrar and web hosting company in successfully resisting an application for Norwich Pharmacal relief (before Mr Justice Nicklin in the Queen’s Bench Division);
• Vitol SA v Genser Energy Ghana Ltd [2020] (Comm Ct) (ongoing), led by Simon Mills, defending a £17m claim following an alleged force majeure. The case has been reported in Law360 which can be read here;
• Successfully acting for a Defendant in High Court proceedings who had been accused of establishing a Ponzi scheme, breach of trust and fiduciary duty, and the misappropriation of significant sums held in bank accounts across various jurisdictions. The claim was issued in 2007 and default judgment was entered in 2012 for c.£2.2m. Alexander successfully set aside that judgment in September 2019. The case had been listed for a 7-day trial in 2022 but settled on a drop-hands basis;
• Acting for a finance company in enforcement proceedings concerning various hire agreements, led by Simon Mills.  It is alleged that the bailed goods became fixtures of the realty in which they were installed prior to their hire, with the result that the basis of the hire agreements totally failed.  The case involves complex arguments as to contractual estoppel.
• Successfully obtaining an award of indemnity costs in High Court proceedings where the Defendant was found to have either lied or been reckless as to the truth of its pleaded case;
• Acting for a group of shareholders in a claim against a fellow member and director of their company in respect of breaches of fiduciary and common law duties arising from the misappropriation of company assets and the mismanagement of the company’s affairs;
• Acting for and against a number of software developers in bringing and defending proceedings concerning alleged defects with both off-the-shelf and complex bespoke programs;
• Advising in respect of the enforcement of a contract where complex questions arise as to the conflict of laws, including the application of the Rome I Regulation and common law principles;
• Acting for a private foster care agency in various claims which involve the question of when public law obligations may give rise to contractual relationships and other obligations capable of enforcement in civil proceedings;
• Advising on governing law and jurisdiction post-Brexit under a marketing contract between English and Australian parties;

Alexander regularly acts for claimants and defendants in proceedings whose main ingredient is allegations of fraud and related misconduct, ranging from deceit and fraudulent misrepresentation through to conspiracy and accessory liability for dishonest assistance and knowing receipt.  His work often involves advising on and appearing in urgent applications for Mareva, Anton Piller and Norwich Pharmacal relief.

Recent work includes:

• Arena Television Ltd (in liq.) v Yeowart & Hopkinson [2022] (Ch) (ongoing), led by Simon Mills, acting for the Claimant’s in a claim for c.£250m damages arising out of alleged fraud involving HP agreements and financing of assets that did not exist and/or bore forged serial numbers. Cs previously obtained a worldwide freezing order limited to £250m and a proprietary injunction;
• Successfully acting for a Defendant in High Court proceedings who had been accused of establishing a Ponzi scheme, breach of trust and fiduciary duty, and the misappropriation of significant sums held in bank accounts across various jurisdictions. The claim was issued in 2007 and default judgment was entered in 2012 for c.£2.2m. Alexander successfully set aside that judgment in September 2019. The case had been listed for a 7-day trial in 2022 but settled on a drop-hands basis;
• Acting for a group of shareholders in a claim against a fellow member and director of their company in respect of breaches of fiduciary and common law duties arising from the misappropriation of company assets over a long period;
• Acting in proceedings involving a fraud committed against a finance company in respect of a sham transaction;
• Acting for a finance house in pursuing a debt involving allegations of fraud and dishonesty.

Alexander is frequently instructed in disputes arising out of the running of businesses, including those between members of companies and individuals working in partnership. He also accepts instructions to draft documents which are designed to avoid such disputes, including shareholder agreements. He welcomes instructions in relation to:

• unfair prejudice petitions;
• prosecuting and resisting derivative claims brought by members of companies;
• the interpretation and enforcement of shareholder agreements;
• disputes between partners;
• joint venture litigation.

Recent work includes:

• Acting for the successful respondents to an application seeking various forms of injunction in anticipation of a proposed unfair prejudice petition (before Mr Justice Snowden);
• Acting for a businessman in dispute with his former partner over the disposal of assets worth in excess of c£1.5m following dissolution of the parties’ partnership;
• Acting for a group of shareholders in a claim against a fellow member and director of their company in respect of breaches of fiduciary and common law duties arising from the misappropriation of company assets and the mismanagement of the company’s affairs;
• Advising in relation to obtaining an injunction to restrain former directors of a company from poaching clients and utilising the company’s confidential information;
• Defending a High Court derivative claim brought against a director of a company by an aggrieved shareholder involving allegations of unlawful exploitation of business opportunities belonging to the company;
• Acting for the majority of the membership of a company in defending allegations of unfair prejudice brought by a shareholder;
• Acting for 10 Respondents to a High Court unfair prejudice petition involving complex allegations spanning a number of years.

Alexander has considerable experience of all types of insolvency procedures and regularly appears in the High Court and the County Court on a range of applications. His practice also frequently involves asset preservation and recovery work. He is regularly instructed in relation to:

• obtaining winding-up and bankruptcy orders, frequently where complex disputes as to liability for the petition debt are raised by the debtor;
• prosecuting and defending applications concerning transactions at an undervalue and preferences;
• cross-border insolvency, including the operation of s. 221 of the Insolvency Act 1986 and the consideration of a company’s centre of main interests;
• various applications by liquidators and administrators;
• applications by trustees-in-bankruptcy to realise their interest in a bankrupt’s home.

 Recent work includes:

• Arena Television Ltd (in liq.) v Yeowart & Hopkinson [2022] (Ch) (ongoing), led by Simon Mills, acting for the Claimant’s in a claim for c.£250m damages arising out of alleged fraud involving HP agreements and financing of assets that did not exist and/or bore forged serial numbers. Cs previously obtained a worldwide freezing order limited to £250m and a proprietary injunction;
• Acting for a former director in defending proceedings for c.£2.45m brought by an assignee of a liquidator, in a claim seeking to attack various alleged transactions at an undervalue and preferences. Led by Simon Mills;
• Re Ottery Ltd [2021] EWHC 95 (Ch): Successfully obtaining linked winding-up and bankruptcy orders for a retired professional trustee where the respondents alleged that the petitioner had been negligent in the management of litigation against an American company in which the majority of shares were owned by the trust. The case involved complex issues of the application of the reflective loss principle;
• Appearing for a creditor against a BVI-registered company in a petition involving complex issues of the court’s jurisdiction to wind-up unregistered companies under s. 221 of the Insolvency Act 1986 and consideration of the company’s centre of main interests under EU law;
• Advising on the effect of an IVA on a judgment creditor’s ability to enforce its judgment, including issues as to whether contingent debts fell within the scope of the IVA;
• Successfully obtaining urgent injunctive relief for a well-known construction contractor to restrain the presentation of a winding-up petition against it;
• Advising in an appeal to the High Court of a decision made by a District Judge exercising bankruptcy jurisdiction.

Alexander acts in negligence claims against various professionals operating in the fields in which he practises, including accountants, surveyors and valuers. As a former solicitor, he is most frequently instructed to advise and appear in claims involving allegations of negligence against solicitors, including litigators, conveyancers and other transactional lawyers.

 Recent work includes:

• Acting in a claim against a client’s former solicitor in a claim concerning breaches of trust committed by the solicitor’s use of his client account;
• Advising a well-known institutional property investor in respect a claim in negligence against its former conveyancer regarding defective advice about the scope and effect of a series of restrictive covenants and easements affecting a plot of land;
• Advising a well-known firm of property developers in respect of a potential claim in negligence against its former conveyancer.

Alexander acts in a broad range of business and personal banking disputes for a variety of actors in the banking and financial fields. He is frequently instructed in relation to:

• the interpretation and enforcement of loans, debentures and other forms of security documentation;
• the interpretation and enforcement of guarantees and indemnities;
• asset finance and leasing, and disputes which arise under such arrangements;
• conversion, trespass and wrongful interference with goods;
• factoring, invoice discounting and other forms of trade finance;
• merchant services disputes;
• consumer credit claims.

Recent work includes:

• Acting for a finance company in enforcement proceedings concerning various hire agreements, led by Simon Mills.  It is alleged that the bailed goods became fixtures of the realty in which they were installed prior to their hire, with the result that the basis of the hire agreements totally failed.  The case involves complex arguments as to contractual estoppel.
• Acting in proceedings involving a fraud committed against a finance company in respect of a sham transaction involving a luxury car.
• Acting for a finance house in pursuing a debt involving allegations of fraud and dishonesty.

Reported cases in which Alexander was involved include:

• Re Ottery Ltd [2021] EWHC 95 (Ch): Successfully obtaining linked winding-up and bankruptcy orders for a retired professional trustee where the respondents alleged that the petitioner had been negligent in the management of litigation against an American company in which the majority of shares were owned by the trust. The case involved complex issues of the application of the reflective loss principle;
• Hrabalek v. Hrabalek [2015] EWHC 1456 (QB)
• Liquid Investments Limited v. The Commissioners for HMRC [2014] UKFTT 297 (TC)
• R (on the application of Smoke Club Limited) v. Network Rail Infrastructure Limited [2013] EWHC 3830 (Admin)

• Legal Practice Course – University of Law – Distinction
• LLB – University of Kent – First Class

• Kent Law School Prize for Special Achievement

• COMBAR
• Member of the Junior COMBAR Committee
• The Law Society
• R3