Kirsten Houghton

Qualifications

FCIArb MA (Cantab.)

Professional Negligence

Kirsten Houghton has a wide range of experience in professional negligence disputes, acting for claimants and defendants, with particular emphasis on solicitors’, barristers’, engineers’ and accountants’ cases. She has particular expertise in dealing with document-heavy, extended chronology or technically complex matters.

Her recent experience has covered matters such as advising and representing solicitors alleged to have given inappropriate advice to the principal shareholder of a successful family business in relation to the sale of shares and property to a commercial purchaser of the business, representing engineers accused of negligence in the procurement, design and operation of maintenance gantries under a major motorway crossing, advising on the alleged negligence of solicitors and counsel in the conduct of property-related litigation and representing accountants alleged to have failed to give appropriate “pre-Budget” advice to clients concerning anticipated changes in the capital gains tax regime following a general election.

Kirsten also has experience in surveyors’, valuers’, architects’ and brokers’ negligence matters, and was heavily involved in the Lloyd’s litigation, acting for underwriters and members’ agents in the Commercial Court and House of Lords, and in Lloyd’s Arbitrations.

Insurance and Re-Insurance

Kirsten Houghton studied insurance law as part of her degree, and has a particular interest in this area of the law.

She was heavily involved in the Lloyd’s litigation, acting for underwriters in Arbuthnot –v- Fagan, concerning the Feltrim Syndicates, and for underwriters and members’ agents in the Commercial Court and in Lloyd’s Arbitration Scheme disputes at Levels 1 and 2.

Kirsten Houghton has been instructed in numerous policy and coverage disputes, and has also acted for and against brokers accused of acting in breach of instructions or negligently.

Reported case:

Henderson -v- Merrett [1994] 2 AC 145 (Lloyd’s Names Actions)

Technology, Construction and Property

General commercial litigation

Kirsten Houghton has acted in connection with a wide variety of commercial disputes, including sale and carriage of goods, aircraft liens, product liability, banking, enforcement of guarantees, mortgages and charges – particularly in relation to allegations of duress or undue influence - and equipment leasing. She also has experience in conflicts of laws and jurisdictional disputes.

Kirsten has advised and represented corporate and private clients in connection with disputes concerning breach of director’s duties, breach of warranty of authority, section 459 applications, breach of share sale agreements (warranties and restrictive covenants) and exercise of shareholder’s rights of pre-emption and transfer. She has also advised in connection with restrictive covenants and alleged breaches of warranty in share sale and management buyout agreements.

Kirsten has wide experience of interim applications for injunctive relief, including freezing and search orders, orders for the preservation of property and delivery up of goods, and for specific performance of landlord’s and contractor’s obligations. She also has extensive experience relating to the construction and enforcement of restrictive covenants and termination provisions in executive employment contracts.

Kirsten Houghton has also acted in a number of applications concerning contempt of court, with regard to breach of undertakings and court orders and rules.

Reported cases:

Dobson -v- Hastings [1992] Ch 394, contempt application against the editor of the Daily Telegraph and a journalist.
Bacardi-Martini Limited -v- Thomas Hardy Packaging Limited [2002] 2 Lloyd`s Rep. 379, a product liability matter arising out of the production and recall of contaminated alcopops