Robert Englehart QC

Robert has a broad general commercial practice.  The range extends from such diverse cases as acting for banks against local authorities (swaps litigation) to successfully appearing for the taxpayer in VAT disputes before the Court of Appeal: John Dee v Customs & Excise, Longborough Festival Opera v HMRC. 

Recent interesting commercial cases in which he has appeared include Sunderland v Uruguay Montevideo (QB) (fraud and bank guarantees), SCI v Titus (CA) (software licensing), London Underground v Transport for London (Ch D) (legal professional privilege), Experience Hendrix v PPX (CA) (restitutionary damages), Radiotaxicabs v Owner Drivers  (Ch D) (internet domain names), Price Jones v Commerzbank (CA) (restitution), Cambridge Display v Dupont (CA) (patent licensing), ET Plus v Welter (QB) (arbitration) and Fulcrum Electronics v Customs & Excise (ECJ) (VAT).  Robert has particularly extensive experience in commercial arbitrations, acting both as Counsel and as Arbitrator; he also acts as a Mediator.

Robert has represented differing regulatory organisations, notably the General Medical Council in cases about registration of overseas doctors (Ex parte Virik) (CA), duty to give reasons (Stefan v GMC, Selvanathan v GMC) (PC), public interest immunity (Nwabueze v GMC) (PC), fitness to practice (Holton v GMC, Biswas v GMC, CRHCP v GMC, Southall v GMC) (QB), bias (Mahfouz v GMC) (CA) and the Data Protection Act (Re Aaalamani) (QB).  He successfully represented the GMC in three recent leading Court of Appeal cases on professional regulation: Raschid, Fatnani v GMC, GMC v Hiew, Gopakumar v GMC. He has also appeared for other regulators in judicial review cases including the Council for Licensed Conveyancers and the General Optical Council.  He acted for the Royal Pharmaceutical Society in the litigation over its Royal Charter. In broadcasting judicial review cases he has appeared both for and against the regulator (R v Radio Authority, ex p. Guardian, R v Radio Authority, ex p. Trax FM, Bermuda v OFCOM) (QB). 

Robert is particularly at home with cases involving both a public law and a commercial and financial element.  His experience ranges from having represented the financial services regulator in a judicial review of a pension misselling scheme [R v SIB, ex p. IFAA] (QB) to appearing in the Privy Council for the Isle of Man Assessor of Income Tax [Mount Murray v Macleod & Others] (PC) to appearing for the Ministry of Defence on public procurement [Cookson & Clegg v MOD] (CA).  He has acted for a number of different local authorities on financial matters.

Robert is generally acknowledged to be the leading senior Silk in the media and entertainment field; both the Legal 500 and the Chambers Directory rate him as such. He has appeared in a number of high profile cases for clients such as the Cure (Tolhurst v Smith), Oasis (McCarroll v Gallagher), John Reid (Flatley v Reid) and Charlotte Church (Shalit v Church) (all Ch D). The points in dispute covered partnership, undue influence, restraint of trade and minors contracts issues.  He represented Michael Jackson at the trial of the case brought by Prince Al-Khalifa of Bahrain. Robert has appeared in a considerable number of Copyright Tribunal references, acting both for and against licensing bodies; he represented the publishers in the Universities UK reference and Virgin Retail against PPL both before the Copyright Tribunal and on appeal.  Robert successfully represented the music festival promoters against the police in relation to policing costs (Reading Festival v W Yorks Police) (CA) and has appeared in a number of music publishing cases, including IMG v Essex Music.  Robert is retained in two cases as an expert in the English law of literary and musical copyright before US courts.  He has also conducted a number of arbitrations in the media and entertainment area including as Chairman of an ICC Arbitration Tribunal concerned with European cable television and competition law.

Robert advises on a range of sports disputes, ranging from drugs-related issues to commercial disputes and arbitrations in a sporting context.  With the huge importance of sponsorship and media contracts in sport, his extensive media and entertainment experience is invaluable.

He was appointed as a Legal Member of the newly established National Anti-Doping Panel in March 2008.  He is also a member of the ECB’s Appeal Panel for child protection issues.

Recent work Robert has undertaken includes advising The British Olympic Association in relation to Dwain Chambers’ application for an injunction to prevent the BOA from applying a lifetime ban from competing for Great Britain in the Olympic Games, following a positive drug test.

Robert also applies his considerable commercial arbitration experience, both as Counsel and as arbitrator, to the field of Sport. He is a member of the SDRP Panel of Arbitrators and recently sat as an arbitrator on the three-man panel, appointed by the FA, in the dispute between Sheffield United FC and West Ham FC following the Carlos Tevez Affair.