Robert Anderson QC

Robert Anderson has been involved in most of the high profile commercial fraud cases of recent years, including Brink’s Mat v Elcombe, Barlow Clowes, Salvation Army Trustee v Ford, Brown v Bennett [2002] 1 WLR 713; [2002] 2 All ER 273, Federal Government of Nigeria v ANZB Ltd (The “Noga” case), Westminster CC v Dame Shirley Porter [2003] Ch 436, Amadeo Hotels v Zaman (part of the “Prince Jefri” litigation), and HSBC v 5^th Avenue Partners (litigation involving Michael Brown’s donation to the Liberal Democrats). His reported cases in this area also include Merrill Lynch v Raffa (The Times, 14/6/00) and Kohn v Meehan & Pettmond Inv Ltd [2003] All ER (D) 315. He regularly obtains pre-emptive relief for putative claimants in both the Queen’s Bench and Chancery Divisions.

He also increasingly acts in cases involving allegedly unlawful competition by former employees (in particular, directors and other senior employees and officers). As such, Robert frequently obtains injunctive relief (including “springboard” relief and injunctions to enforce restrictive covenants).

Robert is also very experienced in general commercial work.

Professional negligence:

Robert has considerable experience in this field and is instructed by insurers’ “panel solicitors” in respect of a variety of professional negligence matters. He has represented a wide variety of assureds; including solicitors, accountants, brokers, barristers, surveyors, valuers, architects, engineers and project managers. He was involved in the successful defence of the largest professional negligence claim brought against a well known firm of accountants. His reported cases in this field include Heffer & Knight v Tiffin Green (28/12/98; The Times), Pride Valley Foods Ltd v Hall and Partners (2001) 76 ConLR 1 and Sayers v Clarke-Walker [2002] 2 BCLC 16; [2002] 3 All ER 490; [2002] 1 WLR 3095.

Insurance and Reinsurance:

Robert was heavily involved in the Lloyd’s litigation. In particular, he acted for the members’ agents in Bates v Barrow [1995] 1 Lloyd’s Rep 680, the actuaries in Abernathy v Secretan, and Merrett’s E&O underwriters in Aiken v Cox. In addition, he advised the PSL and E&O markets in respect of Reconstruction and Renewal.

He continues to be involved in heavy insurance and reinsurance litigation and arbitrations.

His recent and ongoing general commercial cases include:

1. Successfully defending Eastman Kodak against a £50+ million claim brought in the Chancery Division arising from a failed joint venture in Shanghai, China.
2. Acting for Segafredo (the Italian Coffee chain) and their English subsidiary in proceedings arising from the failure of a franchising venture in Northern England. Five week trial scheduled for June 2008.
3. Advising major international hedge fund in dispute between partners involving “carry” rights.
4. Acting for international investment company in dispute with its former bankers and financial advisers arising from the leveraged purchase of Structured Financial Notes.
5. Acting for claimant in proceedings in the Chancery Division arising from a failed joint venture in Malaysia. Successfully obtained an anti-suit injunction to restrain an arbitration in Malaysia, and upheld that injunction in the Court of Appeal. Also successfully opposed challenge to the jurisdiction and subsequent “Barrell” application.
6. Acting for investment advisers in Commercial Court proceedings against their former employer in a dispute arising out of a major European Investment Fund. Successfully opposed application for a stay of proceedings in favour of international arbitration.

His recent and reported insurance and reinsurance cases include:

1. Charman v GIO [2002] EWHC 2290 (Comm); [2002] All ER (D) 69, which culminated in a two month trial in the Commercial Court in 2002 and, in October 2003, a successful appeal to the Court of Appeal.
2. Bonner v Cox [2005] Lloyd’s Rep IR 569; [2004] All ER (D) 360 (the “Aon 77” litigation), a US$100 million reinsurance dispute which culminated in a highly successful six month trial in the Commercial Court. The Court of Appeal dismissed the Defendants’ appeal following a three day hearing in November 2005.
3. Successfully acting for the Government’s Export Credits Guarantee Department in relation to a political insurance claim by several international banks arising from the alleged expropriation of a major power station project in India.

Robert’s sports law practice has included acting for and against Premiership and Football League clubs, players and players’ agents. He has also undertaken cases concerned with rugby union, tennis, world rallying and formula one racing. He has appeared in F.A. arbitrations, and before the Premier League and Football League Appeals Committees.

Robert has written an article (with Jane Mulcahy and Akua Reindorf) on the impact of the Human Rights Act 1998 on sports disciplinary tribunals, which was published in the International Sports Law Review ([2000] ISLR 65).

Robert is a member of the Committee for the Bar Sports Law Group.

1. Acting for Liverpool Football Club in a dispute with its kit manufacturer, Reebok.
2. Representing Adrian Mutu in his dispute with Chelsea Football Club.
3. Acting for the Player’s Agents in dispute between Chelsea and Manchester United over young Nigerian midfielder, John Obi Mikel.
4. Acting for SIS/At the Races in dispute about the intellectual property rights to on-course horse racing data.

Robert acts for artists, recording and publishing companies. He has been involved in cases concerning amongst others Jimi Hendrix, Michael Jackson, Tom Jones, Motown Records and Live Aid. He also undertakes television, film and theatre work.

1. Estate of Eva Cassidy v Blix Street Records (2006). Taking evidence from directors of Hot Records, Eva Cassidy’s UK record company, for the purposes of pending proceedings in California arising out of the exploitation of her work (including the No. 1 album “Songbird”) by her US label.
2. IMP v Activision (2005). Acting for a computer games manufacturer in dispute over rights to game relating to the Rally “Race of Champions”.
3. Far Out Productions v BMP (2005). Acting for Unilever in a dispute over the allegedly unauthorised use of a song by the band WAR in a TV commercial.
4. Acting for Doris Salcedo in dispute with the Tate Modern over staging of the installation Shibboleth
5. Acting for well known photographic artist in dispute with the Saatchi Gallery