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Alan Kenny

Focusing on high value, multi-party and multi-jurisdictional matters, Alan Kenny advises companies, banks, institutions, and high-net-worth individuals on all stages of dispute avoidance and resolution.

Alan has notable experience of high profile and complex commercial litigation, competition litigation, and class actions. He acts for clients in a broad range of industries with particular experience in financial services, technology, fast moving consumer goods, commodities, and media.

Alan has represented clients in:

  • Pre-action negotiations;
  • Mediation;
  • Commercial litigation before the English High Court and Court of Appeal (and internationally with local counsel);
  • Competition litigation, including class action proceedings before the UK’s Competition Appeal Tribunal;
  • International arbitration and trade association arbitration under a variety of rules, including LCIA, HKIAC, SCAI, LMAA, GAFTA and FOSFA;
  • Responding to enquiries from – and defending enforcement proceedings brought by – regulators in the UK and internationally;
  • Bringing competition-related complaints to the European Commission, leading to investigations and dawn raids;
  • Proceedings to obtain emergency and interim relief, including: security, vessel and container arrest, freezing orders, disclosure orders, Norwich Pharmacal and Bankers Trust orders, delivery up of passport orders, search orders, committal orders, and anti-suit injunctions;
  • Settlement negotiations;
  • Proceedings to enforce judgments; and
  • Proceedings to compel UK-based third parties to produce evidence under the Hague Convention for use in foreign proceedings.

Alan is a contributing editor of the International Comparative Legal Guide to Litigation and Dispute Resolution.

Alan’s recent pro bono work includes:

  • Advising an international development charity working to combat poverty and climate change, to settle disputes with distributors relating to its projects to provide access to solar power in Malawi and Zambia.
  • Representing a charity that provides young people with opportunities to explore orchestral music, obtaining a judgment and third party debt orders to successfully recover payments made to a catering company for services that were not provided.
  • Representing a vulnerable, single-parent immigrant family facing deportation to obtain rights of residence and access to public funds and pursue UK citizenship.
  • Representing a charity that works with vulnerable women and children to remove defamatory statements relating to the charity and its staff from third party websites, search engine result pages, and other media.

The UK Competition Appeal Tribunal (“CAT”) has made it more difficult for defendants in follow-on competition damages claims to plead that a claimant has mitigated any overcharge by reducing the costs paid to other suppliers in a recent judgment (“Royal Mail/BT v DAF”).
Continue Reading UK Competition Appeal Tribunal adds a hurdle to reliance on the pass-on defence