Kathryn Garbett


Personal Profile

Kathryn is a Partner in the Fraud Defence and Business Disputes Group. A specialist in civil fraud, Kathryn and her team have been involved in some of the most high profile commercial fraud cases before the Supreme Court in recent times. Key to the success of her practice is Kathryn's ability to deliver a truly bespoke service to her clients. She understands that being involved in serious litigation will often impact on all aspects of an individual's professional and personal lives, and tailors her advice and support accordingly, often becoming their most trusted advisor. Her success is due in large part to her practical and sensible approach and ability to navigate adeptly around extremely complex legal and factual issues.

Kathryn regularly manages matters spanning multiple jurisdictions and of a highly sensitive nature. She is familiar with managing teams of international lawyers and other professionals and is never fazed by the size of the opposition. She is used to offering comprehensive strategic advice to anyone facing a civil claim while simultaneously being investigated by prosecution agencies, employers, the Inland Revenue and both UK and foreign regulators. She is praised by Chambers & Partners for her ability to provide "experienced guidance in hugely complex matters combined with a fine tactical overview". Kathryn is a director of the Fraud’s Women’s Network (FWN), a co-founder of the Firm’s Criminal Law Panel and is often called upon to act as a supervising solicitor.

Key Experience

  • Led a team of lawyers acting for Topland and its directors in their defence of two sets of High Court proceedings concerning the central London building, First Avenue House. The proceedings were brought in 2010 by the previous owner, Standard Life, and the Government tenant, the Secretary of State for Justice. Both sets of proceeding were settled on confidential terms without admission of liability with confirmation that the Secretary of State for Justice and Topland will continue to work together to ensure that the building continues to meet the operational needs of the Courts and Tribunal Service.
  • Acting for an individual against his former tax advisers, which included obtaining a freezing order, disclosure order and Norwich Pharmacal relief against a corporate trust entity in the Isle of Man.
  • Acted for a major credit card company in recovering the proceeds of a substantial fraud. Obtaining Norwich Pharmacal relief against a number of banks and successfully tracing into the proceeds of the fraud and assets purchased with the proceeds; including several high value sports cars. Procuring the release money and the sports cars restrained under a Proceeds of Crime Act restraint order.
  • Acting for a foreign national in securing the return of funds which had been improperly seized under the Proceeds of Crime Act by HMRC.
  • 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 concerned the pricing of sophisticated financial products. The proceedings were successfully settled.
  • 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.
  • Advised several City of London bankers in proceedings brought by the Italian regulator. Leading teams of international lawyers.
  • 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.
  • 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 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.
  • Kathryn has a wealth of experience in executing and defending Search Orders and is regularly instructed as a Supervising Solicitor.

Career History

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

Articles and Publications

  • Catch them if you can (malicious prosecution of civil claim) - N.L.J. 2020, 170(7869), 17-18

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