Kathryn Garbett

Position: Partner 
Telephone: +44 (0)20 7440 7440  
E-mail: kathryn.garbett@mishcon.com

Kathryn is a specialist in civil fraud, heads the Firm’s Fraud Defence Group and is renowned for the successful pursuit or defence of serious fraud allegations. The hallmark of her practice is comprehensive strategic advice to anyone facing a civil claim while being investigated at the same time by prosecution agencies, Inland Revenue, regulators or employers.

A testimony to her skills is the number of highly sensitive cases she is called upon to deal with. Some examples that can be mentioned are: advising a City of London banker in defending civil proceedings brought by the Bank to recover substantial bonuses paid by the Bank for alleged misconduct, deceit and breach of contract and in the parallel investigation by the FSA. Kathryn recently led teams of international lawyers in advising several City of London bankers in proceedings brought by the overseas regulators.

She is a director of the Fraud’s Women’s Network (FWN), a co-founder of the Firm’s Criminal Law Panel and has been a Partner since 2004.

More details

Key Experience

Acted for a senior executive summarily dismissed on spurious grounds of dishonesty and/or gross misconduct. Successfully negotiated a substantial financial award for the client and a full written retraction of the dishonesty allegations after actively pursuing claims in the High Court and Employment Tribunal.
Represented a high profile financier in a resounding victory against an interior designer who had systematically defrauded by operating phoenix companies in order to avoid personal liability.
Acted for private equity investment companies and an Administrative Receiver. Achieved innovative Interlocutory Orders allowing the companies whose ownership was in dispute to trade (by virtue of a Court appointed Board of Directors) whilst proceedings were extant. A successful Strike Out Judgment was obtained against the two main Defendants (who had asset stripped the companies and by virtue of an illegal share allotment had awarded control to themselves) to return control of the companies to their clients, damages and Costs Orders. The proceedings were successfully settled with all the Defendants.
Acted for a high street manufacturer and retailer of jewellery. Obtained a freezing, asset preservation, disclosure and delivery up order against ex-employees, employees and others who had stolen money, stock, confidential information and set up a competing business. Achieved Judgment at the earliest opportunity, third party debt orders, charging orders and significant cost orders against all the defendants.
Advised several City of London bankers in proceedings brought by the Italian regulator. Leading teams of international lawyers.
Advised a company and its directors in proceedings brought by the Hungarian authorities alleging personal liability in respect of the insolvency of the Company’s Hungarian subsidiary.  The proceedings were successfully defended.  
Advised in major cases with prosecutors in Italy, Hungary and Germany.
Acted for a number of individuals seeking the return of money and other valuable property seized by various regulatory or criminal authorities both in the UK and overseas, including Switzerland, Nigeria and Denmark. 
Advising a City of London banker in defending civil proceedings brought by the Bank to recover substantial bonuses paid by the Bank for alleged misconduct, deceit and breach of contract and in the parallel investigation by the Financial Services Authority. The allegations concern the pricing of sophisticated financial products.
Kathryn has a wealth of experience in executing and defending Search Orders and has been instructed as a Supervising Solicitor.

Career History

Partner, Mishcon de Reya
Partner, Peters & Peters
Assistant, Peters & Peters
Assistant, Biddle & Co
Qualified, Birkbeck Montagu

 

 

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