Introduction
Since joining St Philips Kirsty White has developed a broad and busy commercial and chancery practice across the Business and Property group’s areas of expertise. Kirsty appears regularly as sole counsel in the High Court and County Court on interlocutory matters and fast track and multi-track trials. She is also frequently led. Her growing reputation has also seen her establish a busy paper practice, and is repeatedly instructed by clients in advisory work and to settle proceedings in all aspects of commercial law.
Kirsty is recognised in the legal directories with her commercial approach being recognised. She welcomes early involvement in matters to formulate a commercial, pragmatic and realistic approach to the litigation strategy. This approach stems from her time as an in-house barrister in the commercial litigation team of a Top 100 national firm.
Kirsty has extensive experience in high value claims with an international element. She was led by Ed Pepperall KC (now the Rt Hon. Mr Justice Pepperall) defending a complex $76 million breach of warranty claim for a US client in a 5 week trial in the TCC. She has also been led by James Morgan KC in a multi-million pound fraud matter, in which their client obtained a worldwide freezing order and passport delivery up order against an Afghan national.
Outside of work Kirsty enjoys endurance events, having completed the London Classics in 2019 (London Marathon, Ride London and Swim Serpentine), fitting training around her workload. Kirsty enjoys trying to train her Cocker Spaniel, travel and when time permits enjoys watching sport, particularly rugby union and athletics.
Commercial and Chancery Litigation
Kirsty has a busy and wide-ranging commercial practice. She acts for individuals and corporate clients in matters relating, but not limited to, share purchase agreements, warranty claims and matters concerning the operation, termination and interpretation of contracts. Kirsty also has experience of matters involving allegations of fraud.
Kirsty has experience of obtaining urgent interim relief including freezing injunctions and delivery up orders.
Recent work and reported cases:
- Primus v Triumph [2020] EWCA Civ 1228: appearing for the appellant in a case in which the Court of Appeal considered the legal meaning of “goodwill” in a share purchase agreement (Led by James Morgan KC)
- Triumph v Primus [2019] EWHC 2216 (TCC), [2019] Costs LR 1571: acting for an international company in relation to an assessment of damages and costs issues in a multi-million-dollar share warranty dispute arising out of a business sale. (Led by James Morgan KC).
- Acting for an international security firm in relation to misappropriation of circa $10 million of company funds by one of the directors. Successfully assisted the client in obtaining a worldwide freezing injunction and passport order against the director (Led by James Morgan KC)
- Acting for an individual in relation to the interpretation of contractual terms in a three-day multi-track trial
- Successfully representing a company in the recovery of sums fraudulently taken from by the bookkeeper
- Led by Avtar Khangure KC in a multi-million pound breach of contract claim arising from the sale of a residential complex.
- Drafting and advisory work in relation to contractual terms and breach of contract arising out of the supply of goods and services
- Regular instructions from a car manufacturer in relation to consumer disputes
Company & Partnership
Kirsty has a busy company and partnership law practice, both as sole counsel and as junior counsel.
Kirsty regularly advises in relation to all aspects of shareholder disputes including section 994 claims (including the drafting of section 994 petitions), derivative claims and just and equitable winding up petitions. This work is invaluable to her insolvency and director’s disqualification work.
Recent work includes:
- Acting for a minority shareholder in relation to a s994 claim that settled at mediation shortly before trial.
- Led by Avtar Khangure KC in a multi-million pound shareholder dispute arising from a technical manufacturing company.
- Acting for a minority shareholder in an unfair prejudice petition, with the added complexity that the company had been struck off the register shortly before trial
- Drafting multiple unfair prejudice petitions
- Multiple applications to restore companies to the register
- Acting for an individual in a successful application to have a fraudulent company removed from the register which had been set up using his personal details
Insolvency
Kirsty’s insolvency work has a particular focus on director’s duties and misfeasance claims, which compliments her company law practice.
Recent work includes:
- Successfully representing the petitioner in an application opposing a winding up petition arising from an adjudication award
- Successfully representing a liquidator in a misfeasance claim, leading to a substantial contribution from the sole director
- Successfully acting for a petitioner in opposing an injunction to prevent the presentation of a winding up petition and in doing so persuading the court that the company had not obtained the low threshold of demonstrating the debt was disputed on substantial grounds
- Successfully acting for the petitioner in an application to prevent the advertising of a winding up petition
- Successfully acting for a company to prevent the advertising of a winding up petition in circumstances where an assessment of contractual interpretation was required
- Advising a company in administration in respect of injunctive proceedings arising from the former director’s attempts to sabotage the purpose of the administration
- Drafting section 212 Insolvency Act 1986 misfeasance claims against the directors of a company in relation to their director’s loan accounts
- Drafting and advising on various applications under the Insolvency Act 1986
- Winding up petitions (including contested petitions)
- Bankruptcy petitions (including contested petitions)
Restraint of Trade and Confidentiality
Recent cases:
- Representing an employee accused of retaining confidential information following his departure from a personal alarm company in injunctive proceedings
- Advising a leading lighting company in respect of confidentiality and restrictive covenants after the departure of a key employee
- Representing an employee in injunctive proceedings following his departure from a motor car engine designer
Education
LLB (Hons) – University of Reading
Bar Professional Training Course – College of Law
Testimonials
“Kirsty is academically bright and identifies the key issues in a matter quickly. She is also very friendly with clients and communicates well.” Legal 500 2024
“Kirsty is very commercial and has a great way with clients and solicitors” Chambers and Partners 2024
“Kirsty is a very bright and efficient junior” Chambers and Partners 2024
“Kirsty is very thorough, provides good commercial advice and is very approachable” Chambers and Partners 2024
