Robert Howe QC

Robert appears regularly in all divisions of the High Court in commercial disputes and arbitrations.  He has extensive advocacy and trial experience, including in lengthy witness actions.  He is also regularly instructed in the appellate courts.

He has particular expertise in civil fraud and asset recovery, and complex issues of private international law and jurisdiction, having appeared in a number of the leading cases in this field, such as Kuwait Oil Tanker Corporation v Al Bader  [2000] 2 All E.R. (Comm) 271 (CA), Memory v Sidhu (No 1) [2000] 1 W.L.R. 1443 (CA), Donohue v Armco. [2001] 1 Ll Rep 425 (Comm) (HL) and In the Matter of Bloomsbury International (in Administration) [2010] EWHC 1150 (Ch).

• Gordon Ramsay Holdings v Hutcheson [2011] Ch. (December 2011 and ongoing)
  Instructed for Gordon Ramsay and his companies in successful application for summary judgment in proceedings against his former business partners.
• Connolley v Turks & Caicos Unit Trust Company (Supreme Court, Turks & Caicos Islands) (2011, ongoing).
  Leading counsel in $50m fraud action concerning a property development in Turks & Caicos
• Pink Floyd Music v EMI [2010] EWCA Civ 1429; [2011] 1 W.L.R. 770; Times, December 21, 2010 (Court of Appeal)
  Instructed for Pink Floyd in successful claim against EMI concerning online exploitation of tracks.  The CA decision is a leading authority on the approach to construction of commercial contracts.
• RGI International Ltd v Synergy Classic Ltd [2011] EWHC 3166 (Comm)
  Instructed for defendant director in successful application to strike out the claim against him for conspiracy/inducing breach of contract.
• Harbour Castle v David Wilson Homes Ltd [2011] EWHC 2571 (QB)
  Instructed for defendant in successful application for dismissal of £30m property development claim (appeal pending).
• Meat Corp of Namibia Ltd v Dawn Meats (UK) Ltd [2011] EWHC 474 (Ch)
  Instructed for claimant in dispute concerning EU distribution contract.
• Goldenfry Foods Ltd v Austin et al [2011] EWHC 137 (QB)
  Instructed for claimant in successful action against former senior employees of breach of confidence and misuse of trade secrets.
• Aspect Capital Ltd v Christensen [2010] EWHC 744 (Ch)
  Instructed for claimant investment fund in successful claim against former employee for misappropriation of confidential trading software (and ensuing contempt application).
• CDV Software Entertainment AG v Gamecock Media Ltd et al. [2009] EWHC 2965 (Ch); [2010] EWHC 159 (Ch)
  Instructed for large listed German media company in successful action against 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
• C v D [2007] EWHC 1541 (Comm); [2007] 2 All E.R. 557 (Comm); [2007] 2 Lloyd's Rep. 367
• Cambridge Gas Transport Corporation v Navigator Holdings Ltd [2006] UKPC 26 (Privy Council), [2007] 1 AC 508
• Walanpatrias v AMP [2006] EWHC 3034 (Comm)
• Vertex Data Science Ltd v Powergen Retail Ltd [2006] EWHC 1340
• Rachmaninoff v Sotheby’s EWHC [2005] 258
• DSM Anti-infectives v GlaxoSmithKline Plc & Others [2004] EWCA Civ 1199 (CA)
• 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)

Robert is frequently instructed in a wide range of commercial arbitrations, including applications for ancillary relief in the Commercial Court.   He is also on the PPL Panel of Arbitrators.

• Dispute between sporting bodies concerning allocation of broadcasting revenues.
• Premier League arbitration arising out of disciplinary action against a Premier league club.
• Dispute arising out of enforcement of arbitration award in an arbitration concerning Bermuda Form policy.
• Sitting as arbitrator in dispute concerning termination of a publishing contract of well-known songwriter.

• Arbitration between global consumer products company and large Ukrainian consumer group (LCIA Arbitration, 2011)
• Arbitration between Georgian companies concerning the former Presidential palace in Tblisi, Georgia (UNCITRAL arbitration, and related proceedings in the Commercial Court, 2009-10)
• PRS v Bermuda Cablevision (Bermuda arbitration, 2007) 
• Distributor Co v Sportwear Co (LCIA Arbitration, 2007)
• A satellite services company v A State (ICC Arbitration, 2006-7)

Robert is recognised as a leading silk in this field.  He has acted in many matters in this area (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).

He is also frequently 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).

• Meltwater News et al v Newspaper Licensing Association (2010, Copyright Tribunal, High Court, and Court of Appeal - ongoing)
  Instructed by licensing body in Copyright Tribunal, High Court and Court of Appeal concerning web news aggregators.   Appeal to Supreme Court now pending.
• Pink Floyd Music v EMI [2010] EWCA Civ 1429; [2011] 1 W.L.R. 770; Times, December 21, 2010 (Court of Appeal)
  Instructed for Pink Floyd in contractual dispute with EMI concerning online exploitation of tracks.  This is a leading authority on the construction of such contracts, and construction of commercial contracts generally.
• Allen v Bloomsbury Publishing et al [2010] EWHC 2560 (Ch)
  Instructed for estate of author of “Willy the Wizard” in copyright infringement claim against JK Rowling and her publisher.
• New PPL Schemes for Pubs, Restaurants, Bars and Offices (Copyright Tribunal, 18 September 2009), PPL v British Hospitality Association et al [2010] EWHC 209 (Ch).
  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), [2010] EWCA Civ 34 (CA)
  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.

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 application to enable tracing of funds removed from the jurisdiction.
• Advising Gibraltarian group re financial services regulatory issues.

• Independent Insurance Limited et al v. Watson Wyatt (Commercial Court, 2005-2009)
  Instructed for the defendant actuaries in a £350 million Commercial Court claim arising out of the £1 billion collapse of the Independent Insurance Company.
• 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.
• ING (UK) Limited v Harwood [2008] EWCA Civ 786 (CA)
  Instructed for ING successfully resisting appeal against enforcement of guarantee.

• C v D [2007] EWHC 1541 (Comm); [2007] 2 All E.R. 557 (Comm); [2007] 2 Lloyd's Rep. 367
• Rumsey v European Credit Management Ltd et al [2006] Ch. D.
• 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)

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

• 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
• Advising a number of sporting bodies in disputes concerning media and broadcast rights.

Robert has a strong background in economics and mathematics, and studied Competition Law at postgraduate level at Oxford.  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.

Other Information:

VAT registration number:  524278348