Kiril Waite

Kiril’s personal injury practice mainly focusses on large loss and technical claims. His practice covers a wide spectrum of actions including employers’ liability, public liability, product liability, fatal accidents, road traffic accidents, accidents abroad, claims made against the MIB and CICA, and historic abuse claims.

Within his personal injury practice Kiril has developed a particular specialism in the field of stress at work, a niche area in which he continues to develop as a sought-after specialist. He is frequently involved in stress at work claims from an early advisory stage through to the conclusion of the litigation process, providing detailed specialist advice as well as representation at court at every stage. He has a noted specialism in cases where vicarious liability and causation are in issue.

He is comfortable working in an advisory role or as part of a larger team and is very experienced in multi-day trials, mediation, and joint settlement meetings. Notable recent work includes acting as lead claimant counsel in Byrne v Motorsport Vision Racing Ltd & Ors [2024] EWHC 2966 (KB), a landmark 10-day liability trial in the King’s Bench Division before HHJ Blair KC sitting as a High Court Judge, involving catastrophic injuries sustained by professional motorcycle racer Shane Byrne at Snetterton Circuit. The court found in favour of the claimant against the circuit operator and safety inspector; the Court of Appeal refused permission to appeal in July 2025.

Kiril was also instructed as lead defence counsel (the only non-silk lead counsel) in Da Costa & Hart v Commissioner of Police for the Metropolis, the Grenfell Tower group litigation, defending claims for pure psychiatric injury brought by police officers, firefighters, survivors, and bereaved families.

Kiril is ranked Band 1 in Chambers & Partners in this category across all circuits and is one of the leading practitioners in the country in civil and counter-fraud work. His practice encompasses staged and contrived road traffic accidents, fundamental dishonesty applications under s.57 Criminal Justice and Courts Act 2015, credit hire fraud, and misrepresentation and non-disclosure defences.

He played a central role in the development of the current law on credit hire litigation, appearing in a number of the leading cases which now form the foundation of that law. He advises and represents insurers at every stage of the litigation process and is regularly instructed in cases involving organised fraud rings and multi-defendant strike-out and summary judgment applications.

Kiril has a broad practice in data protection and information law. His spectrum of work ranges from claims under the DPA 2018 and UK GDPR, breach of confidence, and misuse of private information, through to data privacy issues such as data sharing, data theft, data transfers outside the European Economic Area, handling subject access requests, implementing the GDPR, and related issues under Article 8 ECHR (right to private life).

He advises and represents insurers, data subjects, data controllers (including large corporate entities and a wide range of public authorities). He is involved in the litigation process from pre-action through to trial, and is well regarded for his vigorous attention to detail, commercial mindset, and ability to work effectively as part of a team.

Kiril brings a specific set of skills to his defence work, namely addressing fundamentally dishonest claims where personal injury forms part of the claim for data breach. He is highly ranked in both Chambers & Partners and the Legal 500 in this area. Notable cases include Raine v JD Wetherspoon plc [2025] EWHC 1593 (KB), a leading High Court authority on employer liability for misuse of private information and data protection obligations; and FXH & BXH v Commissioner of Police for the Metropolis, a significant data protection and misuse of private information case involving foster carers, raising issues on the Farley principle and quantum of special damages.

Kiril accepts instructions in work covering all clinical and surgical matters, acting for both claimants and defendants. He is an extremely capable senior junior with extensive experience of high-value claims and highly respected drafting and advocacy skills, particularly in the cross-examination of lay and expert witnesses. He has substantial experience of representing bereaved families at inquests and in court.

Kiril has extensive experience in commercial litigation and professional negligence. His commercial work includes commercial fraud, sale and supply of goods, services and commodities, commercial agency, and general contractual disputes. His clients have ranged from corporate entities and insurance companies to a foreign government.

As part of his insurance practice, Kiril has represented claimants and defendants in professional negligence claims against architects, construction companies, solicitors (both lender claims and general litigation negligence), and other professionals. He has particular experience with cases in which claimants with high-value personal injury or clinical negligence claims have had their claims under-settled, struck out, or dismissed by a court due to the alleged negligence of their solicitors.

Kiril has a developing practice in costs litigation, including detailed assessment proceedings, the costs consequences of findings of fundamental dishonesty, and costs arising from multi-party and group litigation.

Personal Injury & Sports Law

• Byrne v Motorsport Vision Racing Ltd & Ors [2024] EWHC 2966 (KB) – Landmark 10-day liability trial in the King’s Bench Division. Professional motorcycle racer Shane Byrne sustained catastrophic injuries at Snetterton Circuit during a 2018 test day. Judgment found in favour of the claimant against the circuit operator and the safety inspector of the barrier. The Court of Appeal refused permission to appeal in July 2025. Acted as sole claimant counsel.
• Da Costa & Hart v Commissioner of Police for the Metropolis – Grenfell Tower psychiatric injury group litigation. Acted as lead defence counsel — the only non-silk lead counsel — defending the Metropolitan Police against claims for pure psychiatric injury brought by police officers, firefighters, survivors, and bereaved relatives.

Commercial & International Disputes

• TARBS v Republic of Macedonia [2012] EWHC 1691 (Comm) – €80 million contractual and commercial fraud dispute in the Commercial Court between a Greek satellite television company and the Macedonian state broadcaster, arising from the creation of a telecommunications centre and the international broadcasting of state television programming.

Data Protection & Privacy

• Raine v JD Wetherspoon plc [2025] EWHC 1593 (KB) – Leading High Court authority on employer liability for misuse of private information, breach of confidence, and breach of data protection obligations under the DPA 2018 and UK GDPR. The court dismissed the defendant’s appeals on all grounds and allowed the claimant’s cross-appeal on the data protection claim.
• FXH & BXH v Commissioner of Police for the Metropolis – Significant data protection and misuse of private information case involving foster carers. Raised the Farley Supreme Court issue, quantum of special damages, and grounds of appeal. Acted as sole counsel.
• Birley & Bell v Heritage Independent Living Ltd – Data protection claim involving the disclosure of sensitive personal data by a care provider.

Insurance Fraud & Multi-Defendant Applications

• Snowball v Thames Valley Police & Ors (KB-2024-000952) – Multi-defendant strike-out and summary judgment application involving a serial litigant pursuing claims exceeding £22 million. Acted as lead defence counsel. Successful outcome before HHJ Ashby.

Kiril appeared in a number of the leading cases on credit hire and civil insurance fraud which form the current foundation of the law in this area, acting for national and international insurers across all circuits.

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