Legal Guidance and Research / Experts / Zachary Kell
Zachary Kell#10594

Zachary Kell

Radcliffe Chambers
Zachary is a specialist Commercial Chancery barrister with expertise in Arbitration, Commercial Law, Civil Fraud, Insolvency & Restructuring, Company Law and Shareholders Disputes. He has experience in high value and complex litigation and has appeared in the Lawyer Top 20 Cases for 2024.

Zachary is ranked in the 2025 edition of the Legal 500 for banking and finance (tier 3) and civil fraud (tier 4). He has been called a “brilliant junior”, praised for being “hardworking and easy to approach” and “exactly the sort of modern barrister that you would like on your team”.

Zachary regularly appears in the High Court, often acting in disputes in the Commercial Court, and the Chancery Division (Insolvency & Companies List, and Business List). He also has extensive experience of appeals in the High Court and the Court of Appeal. Recent cases include: (i) the c.£1.4billion Eclipse litigation (10 week trial, Lawyer Top 20 Case of 2024) reported at [2024] EWHC 849 (Comm); and (ii) acting for the Deposit Guarantee Fund of Ukraine in a claim arising out of the liquidation of JSC Fortuna-Bank for c.£65 million (due to be heard in the Business List in 2025 for 3 weeks).

Zachary has developed a practice which often involves cross-border litigation and has been instructed both as sole counsel and as part of an international legal team in disputes relating to the law of the UAE, Cyprus, Luxembourg, Morocco, France, Italy, Spain, Ukraine and the CIS. He also consults to a Tier 1 firm of advocates in the Isle of Man.


Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2015

Membership

  • Commercial Bar Association (COMBAR)
  • Chancery Bar Association (ChBA)
  • R3 Association of Business Recovery Professionals (R3)
  • The Fraud Lawyers Association (FLA)

Qualifications

  • BA (Hons) (2013)
  • GDL (2014)
  • BPTC (2015)

Education

  • University College London (UCL) (2013)
  • City, University of London (2014-2015)

4 Contributions by Zachary Kell

Fraudulent trading, section 423, Part 7 civil fraud, asset freezing and recovery for insolvency office-holders (England and Wales): a practical guide to claims, remedies and limitation
PRACTICE NOTES
Fraudulent trading, section 423, Part 7 civil fraud, asset freezing and recovery for insolvency office-holders (England and Wales): a practical guide to claims, remedies and limitation
It is widely accepted that corporate collapse can frequently give rise to fraud allegations. The Insolvency Act 1986 (IA 1986) includes ten provisions whose titles contain the term ‘fraud’ or ‘fraudulent’ in their headings—although, when analysing provisions such as IA 1986, s 423 (transactions defrauding creditors), as this Practice Note will consider below, it becomes clear that, at least in that context, ‘fraud’ in the modern legal sense is not a required component or element. Enquiries into fraud following the insolvency of a company (or that of a corporate group) can take many forms in practice, including, in particular, ventures incorporated purely as a vehicle for fraud or those involving some manner of group investment, which likely produced an unlawful collective investment scheme (CIS) that breaches, among others, the Financial Services and Markets Act 2000...
Restructuring & Insolvency
Precedent Application Notice for Permission to Serve Insolvency Proceedings and Documents Out of the Jurisdiction under IR 2016 and CPR 6.36–6.37 (England and Wales)
PRECEDENTS
Precedent Application Notice for Permission to Serve Insolvency Proceedings and Documents Out of the Jurisdiction under IR 2016 and CPR 6.36–6.37 (England and Wales)
Insolvency Act Application Notice Note: Use this precedent with an application notice template compliant with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see Form IAA; IR 2016, r 1.35. Heading to state court, location, case number, and whether the matter concerns a company or a bankrupt under the Insolvency Act 1986, between Applicant(s) and Respondent(s). Made under para 1(8) Sch 4 IR 2016, CPR 6.36–6.37 and the ground in CPR PD 6B para 3.1. Insert parties’ names and addresses, details of the subject company/bankrupt, the judge level and court/hearing centre, and whether within existing insolvency proceedings with the reference. Relief sought Permission to serve the Respondent(s) at [address and country], or elsewhere in [country], with: Application Notice [date] Witness Statement of [name] [date] Exhibit [description] Order made on this Application [Further documents] Directions on response time limits Permission to serve other documents in these proceedings at the same address, or elsewhere in [country], without further order Costs in the case Any further order as the court thinks fit Grounds are in the witness statement of [name] [date]. Identify service and notice recipients (or state none). Provide Applicant’s service address. Date, sign, and name. Court to endorse hearing details...
Restructuring & Insolvency
Precedent order for permission to serve insolvency proceedings out of the jurisdiction (England and Wales)
PRECEDENTS
Precedent order for permission to serve insolvency proceedings out of the jurisdiction (England and Wales)
Note Apart from the court heading, this Precedent is prepared from the standpoint of an application seeking permission to serve outside the jurisdiction, brought by a liquidator...
Restructuring & Insolvency
Precedent: Liquidator’s witness statement for permission to serve out of the jurisdiction in insolvency proceedings (England and Wales)
PRECEDENTS
Precedent: Liquidator’s witness statement for permission to serve out of the jurisdiction in insolvency proceedings (England and Wales)
Note: Apart from the court heading, this Precedent is prepared entirely from the specific viewpoint of a liquidator’s relevant application seeking permission to effect service outside the jurisdiction...
Restructuring & Insolvency
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