Graeme Kirk

Graeme is an experienced practitioner specialising in property and commercial law. His property work includes both residential and commercial property matters, landlord and tenant issues, service charges and forfeiture/lease renewal disputes. His commercial work extends to employment, company law and personal/corporate insolvency.

He combines a commercial and practical method and is always very approachable.

Graeme is happy to provide seminars, and previously taught civil litigation at BPP Law School.

Graeme accepts Direct Public Access instructions in appropriate cases.

A client recently commented “The only barrister I would feel entirely confident recommending is Graeme Kirk. He is exceptionally well-established, not the most inexpensive, but certainly one of the most effective. He gets the job done, and done very well.”

Further information

Qualifications

MA in Modern History (Lincoln College, Oxford)
CPE (PGDip Law), City University
BVC, Inns of Court School of Law

Interests

Graeme has three teenagers who keep him busy when he is not at work.

He loves all sorts of music and plays piano and guitar (a little). He has supported West Ham United since the ’75 Cup Final and goes to the London Stadium when he can. Before his legal career, Graeme worked in the travel industry for nearly seven years, and he remains a very keen traveller.

Commercial

Graeme has extensive experience in commercial law, and considers it essential to have a complementary, in-depth understanding of associated areas including insolvency and employment law.

Much of Graeme’s commercial work concerns debt recovery, guarantee claims, Consumer Credit and contractual disputes, and he has appeared in trials, appeals and all manner of interim applications including summary judgments, charging orders, disputed disclosure and costs.

Graeme has experience in drafting commercial contracts.

Graeme also has wide-ranging experience in both corporate and personal insolvency matters. He acts for individuals and companies on the instructions of solicitors, insolvency practitioners or under Direct Public Access rules. As a member of the Property and Commercial teams, he is particularly interest in the overlap between these areas.

Notable cases

Premium Contractor Solution LLC v Kang [2026] EWHC 2014 (KB) – an application to set aside judgment entered against a Chinese national concerning a dispute in the Ohio court.
Aziz v B&S Partnership [2023] EWHC 648 (Ch) – a claim seeking the rectification of the Company register.
Utip v McLelland [2022] 3 WLUK 309 – a decision on whether a statutory demand may be set aside when the existence of an interim charging order to provide security for the creditor would be defeasible if a bankruptcy order was made before the order became final.
Jofa Ltd & another v Benherst Finance Ltd [2019] EWCA Civ 899 – a decision on the approach that the court should take to costs awards in Norwich Pharmacal (non-party disclosure) applications.
Re. Davies (2017) – claims by Trustees in Bankruptcy for (amongst other things) an Order for Sale of a property which a former bankrupt had ostentatiously converted contrary to planning regulations.
R (on the application of Wilson) v Dover District Council (2016) Lawtel 22/04/16 – the judicial review of a decision not to include a putative candidate on the list for the election of a Police Commissioner.
Re. Greenwood (2013) CLCC – attempt by a liquidator to recover company debts against a businessman in circumstances where companies had (he alleged) fraudulently been incorporated using his name, but of which he was not a director or shareholder and had no executive involvement.
Official Receiver v J, Official Receiver v K (2013) – a series of cases in which German national resisted attempts to establish interests of bankrupts in the UK.
Towsey v Highgrove Homes Ltd [2013] BLR 45 – attempt to wind a company up based on an adjudicated construction debt for which summary judgment has not initially been obtained from the TCC.
Wiemer v Zone and others [2012] EWHC 107 (QB) – an important procedural decision (which features in the White Book) on when it is appropriate to extend time for the service of a Claim Form.
French v Groupama [2010] EWHC 2827 (QB) – a householder was found to have been indemnified by her insurer in relation to certain damage to her property and for consequential loss.
Verizon v Swiftnet Ltd [2008] EWHC 551 (Comm) – a telecommunications billing dispute in which the Defendant alleged inaccurate invoicing.
Payless Travel v Baba Krupa Holidays [2004] EWCA Civ 472 – a commercial dispute concerning a travel agent and ticket consolidator.
R (on the application of Anthony Martin) v Parole Board [2003] EWHC 1512 (Admin) – the judicial review of a decision not to grant early release to a well-known prisoner (during Graeme’s pupillage at One Essex Court).