Darren Kenny

Experience

Darren has been described in the legal directories as "a real technical genius. By far the best commercial litigator that I have ever worked with", as well as having "an excellent sense of strategy – he can see where and when to apply pressure in order to maximise the prospects of success in a case and he has a talent for spotting the best points to gain traction with a judge. It inspires confidence to work with him."

His practice extends across the fields of contract law, banking and finance, corporate and shareholder disputes, technology, asset tracing and enforcement.  He is very experienced in commercial fraud disputes and regularly represents ultra-high net worth individuals, banks and businesses who have been the subject of fraud, and is the editor of the popular 'Catching Fraudsters' article series. Darren has advised on investor class actions under sections 90 and 90A of the Financial Services and Markets Act 2000 (FSMA), as well as damages claims under section 138D of FSMA. He advises on issues arising from technology projects such as project delays and failures, defective software and hardware, termination and other contractual matters.  Much of his work has an international dimension and he is frequently instructed on complex jurisdictional and governing law disputes. Darren also has a keen interest in representing vegan and other ethical businesses.

Darren has been involved in numerous injunctions including freezing injunctions, search and seizure and computer imaging orders, as well as anti-suit, restraint of trade, breach of confidentiality, delivery up and continued supply injunctions.  He also acts as a supervising solicitor to oversee the carrying out of injunctions by other law firms.

In addition, Darren has significant experience of alternative dispute resolution. He has been involved in numerous mediations and accepts instructions to act as an expert witness in expert determinations and early neutral evaluations. He has also acted as an expert for the US, Russian and Italian courts on matters of English law and he receives instructions from accountants and in-house lawyers to provide expert legal opinions.  

Darren is a strong proponent of the use of technology and processes to manage disputes effectively, resulting in more cost-effective, speedy and fairer outcomes for those involved.  He works regularly with our multi-disciplinary Connected Services team, ensuring that clients have access to innovative products and technology, consultants, project managers and technology specialists to enable business growth.  In addition, Darren works with our pioneering Mindcrest team to optimise, systematise and scale legal work for cost and time efficiencies. 

Recent Cases

• Expert opinion regarding the doctrine of loss of chance, in a $9 billion oil dispute.  

• $500 million fraud LCIA arbitration between two billionaires regarding a partnership / joint venture. 

• Acted in the leapfrog appeal of JTI Polska Sp. Z o.o. v Jakubowski, before an enlarged panel of 7 Supreme Court Justices, which concerned whether the Supreme Court should depart from the House of Lords' decision in James Buchanan & Co. Ltd v Babco Forwarding & Shipping (UK) Ltd. [1978] AC 141 and hold that excise duty payable in respect of goods which are stolen in the course of international carriage by road cannot be claimed under article 23(4) of the Convention on the Contract for the International Carriage of Goods by Road 1956 (the CMR Convention).

• Successfully recognised and enforced in England a Dubai judgment in the sum of £81m and reversed two transactions defrauding creditors under section 423 of the Insolvency Act 1986 (being gifts of real estate and money from father to son).  Obtained interim and post-judgment Freezing Orders, and a little-used Order compelling a name search of the Land Registry to identify any other properties owned by the defendants.  

• Acted for a Government in a £6m software licensing dispute regarding alleged license overuse.

• $250m dispute in the LCIA regarding a loan agreement between a bank and Cypriot energy fund.

• Acted for a food tech business against former employees for breach of confidentiality and restrictive covenants. 

• $170m fraud dispute between two tycoons regarding a joint business venture, with complex issues regarding choice of law and jurisdiction.  

• Defended a County Council in a £9m claim alleging misfeasance in public office.  

• $100 million shareholders dispute regarding the disputed ownership of 2 banks.  Settled part-way through a 7-week trial.

• Acted for a bank in a dispute with a software developer, with allegations of fraudulent misrepresentation. 

• $50m personal guarantee dispute in the LCIA, with allegations of fraud.

• Successfully defended a Russian tycoon in a claim brought by a BVI company to recover £26m allegedly due under 17 loan agreements, which were in fact part of a corporate raid by a Russian former business rival. 

• $25m claim between a World Bank entity and a listed Indian engineering company regarding the repayment of a loan relating to the purchase of oil rigs in Libya. 

• Striking out a claim to set aside a judgment on the grounds that it was allegedly procured by fraud, and obtaining a Civil Restraint Order.

• The first-ever reported case in Europe as to the meaning of “defendant” for the purposes of the CMR Convention. 

• Successfully applying for an expedited trial – with the trial taking place only 10 days after the claim was commenced – and succeeding on all issues at trial, concerning the sale of a vast property portfolio jointly held by 2 partners.

Testimonials

• "Darren Kenny earns praise for his cross-border litigation practice, which sees him frequently handling high-value cases concerning insolvency and fraud." Chambers & Partners, 2023
• "Darren Kenny is an expert in international fraud and asset recovery, representing banks that have been defrauded by owners and managers." Legal 500, 2023
• "He has an eye for strategy and knows what to focus on to get you through trial." Chambers & Partners, 2023
• "Darren Kenny is bright and efficient and great at ensuring matters progress efficiently and sensibly." Legal 500, 2023
• "Darren is able to absorb information and issues rapidly and provides helpful input." Chambers & Partners, 2023
• "Darren Kenny earns praise for his cross-border litigation practice, regularly acting on behalf of clients from CIS jurisdictions and Russia. He frequently handles high-value cases concerning insolvency, fraud and shareholder disputes." Chambers & Partners, 2022
• "Darren Kenny has a great strategic eye for where and when to apply pressure to win a case, combined with a relaxed and reassuring approach that makes him easy to work with." Legal 500, 2022
• "Darren Kenny is pragmatic and very good at finding clear and workable solutions to the complex procedural and technical issues that arise in large-scale litigation." Legal 500, 2022
• "Darren Kenny is a real technical genius. By far the best commercial litigator that I have ever worked with."  Legal 500, 2021
• "Darren Kenny has an excellent sense of strategy – he can see where and when to apply pressure in order to maximise the prospects of success in a case and he has a talent for spotting the best points to gain traction with a judge. It inspires confidence to work with him."  Legal 500, 2021
• "Darren Kenny earns praise for his cross-border litigation practice, regularly acting on behalf of clients from CIS jurisdictions and Russia. One interviewee describes him as "very thorough, commercially-minded and extremely hard-working." Chambers & Partners, 2021
• "Darren Kenny is well versed in acting for clients from Russia and the CIS jurisdictions, and his varied practice includes arbitration, shareholder disputes and misappropriation of funds. One interviewee appreciates that he is "very quick to respond, attentive to detail and delivers right on time," while another source highlights that he "has a calm and considerate way of approaching things." Chambers & Partners, 2020
• "Darren Kenny is great to work with. He is switched on, intelligent, builds excellent relationships and has a good range of experience." Legal 500, 2019
• "Darren Kenny regularly represents international clients in high-value cross-border litigation with a particular focus on Russia and the CIS jurisdiction. His practice encompasses all areas of international commerce, trade and finance. Interviewees report that he "has good technical knowledge, is extremely effective, and is focused on client service" and underline his strength in providing "strategic advice." Chambers & Partners, 2019
• "Practice head Darren Kenny is 'driven and client focused, taking an inventive and proactive approach in litigation to try to achieve the best outcome." Legal 500, 2018 
• "Darren Kenny specialises in cross-jurisdictional litigation and international arbitration pertaining to all areas of international trade, commerce and finance. His practice extends to Russia and CEE. Sources contend that he is "thorough, practical, sensible in his approach and easy to work with as well"." Chambers & Partners, 2018
• "‘Particularly strong in litigation’, DWF’s team is jointly headed by Darren Kenny, who ‘has a great understanding of the commercial position of his clients and builds good client relationships’." Legal 500, 2017
• "Very dedicated and astute." Legal 500, 2017
• "Darren Kenny actively advises clients on cases involving Eastern European and Asian jurisdictions, assisting with cases in areas such as international trade, commerce and finance. Clients state: "He is meticulous, very user-friendly, straightforward and effective. I was very impressed"." Chambers and Partners, 2017
• "Darren Kenny is an extremely dedicated, bright and determined litigator." Legal 500, 2016
• "Darren Kenny has considerable experience handling cross-border litigation and arbitration. Sources admire his "excellent coordination of complex matters," adding that he is "meticulous and on top of all the paperwork; absolutely thorough and reliable"." Chambers and Partners, 2016
• "DWF's clients say Darren Kenny is experienced and commercially aware; he is also praised for his knowledge of disputes arising in the domestic and international carriage of goods by road" Legal 500, 2016
• "Very well prepared and thorough." Legal 500, 2015