Robert Howe QC

Advised and acted in numerous cases raising difficult issues of conflicts of laws and jurisdiction.  Appeared in the House of Lords in one of the leading cases on anti-suit injunctions (Donohue v Armco [2001] 1 Ll Rep 425 (Comm)).

Examples include:

• acting for an insurer in a multi-jurisdictional dispute concerning a claim under a global policy
• instructed for a leading pharmaceuticals company in relation to UK litigation arising out of US antitrust proceedings
• instructed in the Privy Council in an appeal from the Isle of Man in a cross-border insolvency concerning recognition/enforcement of US Chapter 11 proceedings
• instructed in a jurisdictional dispute for beneficiaries of a Lichtenstein foundation

Acted in a wide range of commercial arbitrations.  Examples include:

• claim by a satellite services supplier against a sovereign state
• dispute between a manufacturer/supplier concerning the termination of a North American distribution agreement
• dispute between sporting bodies concerning allocation of broadcasting revenues
• Premier League arbitration arising out of disciplinary action against a Premier league club
• dispute between a leading sportswear supplier and EU distributor
• dispute arising out of enforcement of arbitration award in an arbitration concerning Bermuda Form policy
• arbitration between Georgian companies concerning the former Presidential palace in Tblisi, Georgia (and related proceedings in the Commercial Court)

Civil Fraud:

Acted in a number of civil fraud actions:

• claim against the former chairman of Kuwaiti state tanker company
• proceedings by Ministry of Defence against a civil servant for recovery of bribes concerning arms procurement contracts
• claim against a director by a large computer company for alleged diversion of business contracts
• claim by a purchaser of a business against former directors re: alleged manipulation of pre-sale accounts
• claim by the Eden Project against employee and supplier
• claim by City solicitors’ firm against a former partner and others

Professional Negligence:

Advised and acted in a number of professional negligence cases concerning professionals such as accountants, solicitors, actuaries, surveyors, valuers and engineers.  Reported examples include Goldstein v Levy Gee, The Times, 16th June 2003 (claim against accountants arising out of non-speaking share valuation – acting for defendant accountants), and Pesskin v Mishcon de Reya, The Times, 18th July 2003 (claim against solicitors re: advice given in relation to investment agreement – acting for claimant). 

Recently instructed for Watson Wyatt in claim (now settled) arising out of the £1bn collapse of the Independent Insurance company.

• CDV Software Entertainment AG v Gamecock Media Ltd et al. [2009], Ch. D.
  Instructed for large listed German media company in dispute with English & US group re distribution of video games in the EU and elsewhere
• Belair LLC v Basel LLC Queen's Bench Division (Commercial Court), [2009] EWHC 725 (Comm)
  Instructed for claimant in dispute re sale of former Presidential Palace in Tiblisi, Georgia.  Application to the Commercial Court for freezing injunction under s 44 of the Arbitration Act, in support of pending UNCITRAL arbitration.
• Novus Aviation Ltd v Onur Air Tasimacilik AS Court of Appeal (Civil Division) [2009] EWCA Civ 122; [2009] 1 Lloyd's Rep. 576
  Instructed for defendant/appellant (Turkey’s largest private airline) in dispute re chartering commissions and jurisdiction.
• Galliford Try Infrastructure Ltd (formerly (A) Morrison Construction Ltd & (B) Morrison Construction Services Ltd) v Mott MacDonald Ltd [2008] EWHC 1570 (TCC); [2008] C.I.L.L. 2612
  Instructed for defendant in £13m claim concerning alleged failings in structural design of large development in Birmingham.
• C v D [2007] EWHC 1541 (Comm); [2007] 2 All E.R. 557 (Comm); [2007] 2 Lloyd's Rep. 367
  Instructed for defendant insurance company in anti-suit action arising out of $100 million insurance arbitration claim based on Bermuda Form policy. 
• Distributor Co v Sportwear Co (LCIA Arbitration, 2007)
  Instructed for claimant in commercial arbitration concerning termination of distribution agreement for branded sportswear product in various EU territories.
• A satellite services company v A State (ICC Arbitration, 2006-7) Instructed for claimant company in ICC arbitration concerning a claim against a sovereign state under a satellite services contract.
• Cambridge Gas Transport Corporation v Navigator Holdings Ltd [2006] UKPC 26 (Privy Council), [2007] 1 AC 508
  Instructed for appellants in an appeal to the Privy Council from the Isle of Man in $300 million dispute concerning the international enforcement of certain US court orders.
• Walanpatrias v AMP [2006] EWHC 3034 (Comm)
  Jurisdictional dispute in a $250 million claim concerning Litchenstein foundation and beneficiaries.
• Vertex Data Science Ltd v Powergen Retail Ltd [2006] EWHC 1340
  Instructed for an outsourcing company in Commercial Court application arising out of a c £50 million outsourcing services contract.

Extensive experience in copyright, entertainment, and media law generally.  Has acted in many matters in this field (involving both contract and intellectual property issues).  Has acted for all the major record companies, a number of collecting societies (MCPS, PRS, CLA)  many major media organisations (including e.g. Times Newspapers, News Group Newspapers and Really Useful Group), and many well-known groups and artists (such as  U2, Phil Collins, Paul Weller, Morrissey, Johnny Marr and the Spice Girls).

Has also been instructed, for applicants and collecting societies, in a number of Copyright Tribunal references, including the recent landmark Online Tribunal reference (which set terms for the digital and mobile exploitation of musical works).

• New PPL Schemes for Pubs, Restaurants, Bars and Offices (Copyright Tribunal, 18 September 2009)
  Instructed for Trade Associations and large retailers, disputing PPL’s new schemes for playing background music in shops, restaurants, bars, offices etc.
• JML Direct Ltd v Freesat UK Ltd Chancery Division, 26 March 2009, [2009] EWHC 616 (Ch)
  Instructed for claimant operator of shopping channels in dispute re listing of channels on the new Freesat platform.
• British Phonographic Institute v MCPS and PRS (Copyright Tribunal (2007) 30(9) I.P.D. 30059)
  Instructed for the MCPS and the PRS in high profile, multi-million pound Copyright Tribunal references concerning the use and downloading of Online music.
• PRS v Bermuda Cablevision (Bermuda arbitration, 2007)
  Instructed for claimant collecting society in Bermuda arbitration concerning claim for damages and licence fees for use of music repertoire on cable television.
• Rachmaninoff v Sotheby’s EWHC [2005] 258
  Instructed by the composer’s grandson in claim for ownership of the original manuscript of Rachmaninoff’s Second Symphony.
• ATR Holdings Plc v Racecourse Association & Others (2005, Commercial Court)
  Instructed for the Race Course Association in high profile, £50 million Commercial Court dispute concerning media rights, and the televising and online exploitation of horseracing.
• Universities UK Ltd v Copyright Licensing Agency Ltd (Copyright Tribunal, 2004)
  Acted for the defendant licensing body in case concerning reasonable rate of payment under universities national licensing scheme for copying of textbooks and journals.
• Jagger & Others v Decca Music Limited [2004] EWHC 2542 (Ch)
  Instructed by Decca Music in royalty dispute with the “Rolling Stones”.

Has advised, and acted for, sporting bodies, clubs and players in disciplinary, arbitration and court proceedings.  Examples include:

• Representing the IAAF in proceedings brought by an Olympic athlete concerning a doping ban
• Representing the RFU in a player’s appeal against decision to ban the then English Rugby Captain
• Advising a number of Premier League clubs in disputes with broadcasters, each other, and players
• Representing Premier League clubs in disciplinary proceedings brought by the FA
• Acting for Formula One teams in FIA proceedings

Robert has acted and advised in a number of financial services/regulatory disputes , including:

• acting for a director of investment management company in claim for breach of investment mandate
• representing an LME member in disciplinary proceedings brought by the LME
• advising and representing parties in Lloyd’s disciplinary proceedings
• advising global insurance companies in conflicts of laws and jurisdiction disputes arising out of multi-national insurance policies.
• acting for an international bank in Norwich Pharmacal to enable tracing of funds removed from the jurisdiction

• Mulhall v Yorkshire Bank [2008] EWCA Civ 1156; [2008] 43 E.G. 195 (CA)
  Instructed for Yorkshire Bank successfully resisting appeal against discharge of charging order.  Concerned difficult point on limitation.
• ING (UK) Limited v Harwood [2008] EWCA Civ 786 (CA)
  Instructed for ING successfully resisting appeal against enforcement of guarantee
• Independent Insurance Limited et al v. Watson Wyatt (Commercial Court, issued 2005, and continuing; trial est. 2009)
  Instructed for the defendant actuaries in a £350 million Commercial Court claim arising out of the £1 billion collapse of the Independent Insurance Company.
• C v D [2007] EWHC 1541 (Comm); [2007] 2 All E.R. 557 (Comm); [2007] 2 Lloyd's Rep. 367
  Instructed for defendant insurance company in anti-suit action arising out of $100 million insurance arbitration claim based on Bermuda Form policy.
• Rumsey v European Credit Management Ltd et al [2006] Ch. D.
  Acting for founder of a £300m hedge fund in shareholders’ dispute with co-founders.  Case included Chancery action and arbitration proceedings.
• Travelers Casualty & Surety Co Of Europe Ltd & 6 Ors V (1) Sun Life Assurance Co Of Canada (Uk) Ltd (2) Sun Life Financial Services Of Canada Inc [2004] EWHC 1704 (Comm) (jurisdiction ruling); [2006] EWHC 2716 (Comm) (final judgment)
  Acting for insurers in opposition to a US $56 million claim under global errors and omissions policy.

Robert has a strong background in economics and mathematics, and studied Competition Law at postgraduate level.  He is regularly instructed in references to the Copyright Tribunal, which is the body concerned with competition issues arising from the activities of music licensing bodies, including the recent Online Licensing dispute and the PPL Shops, Restaurants & Pubs etc tariffs Reference (see above).

He was recently instructed for the mobile operator, O2, in its dispute with Ofcom (and others) relating the proposals for spectrum auctions and reallocation.

Robert Howe is frequently instructed in High Court employment proceedings, including actions to enforce restrictive covenants, and large claims for wrongful dismissal. 

• Acting for city brokers in a multi-million pound wrongful dismissal claim by a former managing director
• Acting for the technical director of a Formula One team in a restrictive covenant/garden leave dispute with former employer
• Instructed for FTSE company in claim against former employees to obtain springboard relief and enforce restrictive covenants
• Instructed for food products company in claim for breaches of confidence and covenants, and theft/misuse of trade secrets

Publications:

Contributor to “Employee Competition: Covenants, Confidentiality and Garden Leave” (OUP 2007).  Co-author of chapter on Confidentiality and Database Rights.

Appointments:

Member of the standing panel of arbitrators for the Phonographic Performance Ltd arbitration scheme.