Robert Weekes

Rob appears in a wide variety of commercial matters in the High Court, the county court and in arbitration, both as sole counsel and as a junior to leading counsel. He has recently advised and acted in disputes arising out of distribution, finance, hire purchase, marketing, management, joint venture and share sale agreements.

In addition to conducting various trials, his regular advocacy covers making and defending a broad range of interlocutory applications, including those for summary judgment, strike out, pre-action disclosure and Norwich Pharmacal orders. Rob has participated in several successful commercial mediations.

Rob has a particular interest in injunctive work. He regularly acts and advises claimants and defendants at the interlocutory stage of civil fraud proceedings. He is frequently instructed, both as sole counsel and as a junior to leading counsel, to obtain freezing orders, search orders and doorstep Anton Pillers.

Notable examples of his current and recent general commercial work are:

• Citco Global Custody N.V. v Y2K Finance Inc. (BVI, 2008 -). Junior counsel for defendant hedge fund, defending multi-million dollar claims for alleged unfair prejudice and for the appointment of a liquidator over the fund, relating to the redemptions of shares in the fund by shareholders.
• Izodia Plc. v (1) Fladgate Fielder (2) Walgate Services Ltd (Chancery Division, 2008- )
  Junior counsel for the claimant company in high-profile claim for £10 million in damages for dishonest assistance, breach of fiduciary duty and negligence against well-known City solicitors’ firm.
• Mulhall v Yorkshire Bank Finance Ltd (Court of Appeal) [2008] EWCA Civ 1156, (2008) 43 EG 195 (CS))
  Junior counsel for defendant bank in leading case as to application of section 20(1) of the Limitation Act 1980 to equitable charges. Appeared as sole counsel at first instance.
• Central Bank of Ecuador (and ors) v Ansbacher (Bahamas) Limited (and ors) (Bahamas) (2005 - 2008)
  Acted for the defendant trust company to a multi-million dollar banking fraud claim, led by Barbara Dohmann QC.
• A (Lloyds Syndicate) v B (Reinsurer) (Arbitration, 2007)
  Sole counsel for a reinsured in an arbitration concerning reinsurance recoveries arising out of certain acts of terrorism.
• C v D (Arbitration, 2007)
  Acted for defendant hotel group in action concerning an alleged joint venture agreement in the leisure industry.

Fraud and asset recovery:

Notable cases in which he has recently acted include:

• Russian Commercial Bank (Cyprus) Ltd v. Khoroshilov (Commercial Court, 2009)
  Junior counsel for defendant oil entrepreneur in application to discharge freezing injunction that had been obtained by a Cypriot bank for quarter of a billion dollars. Freezing injunction discharged for material non-disclosure with costs, before being re-imposed on different terms.
• Serious Organised Crimes Agency v Gale & Ors [2009] EWHC 1015 (QB) Junior counsel for SOCA in the most substantial claim ever made for civil recovery under the Proceeds of Crime Act 2002. SOCA obtained judgment following a three week trial.
• Weavering Capital (UK) Ltd. & Ors (Chancery Division, 2009-) Junior counsel for hedge fund management company and its administrators in action for  approximately half a billion dollars concerning claims for deceit, negligence and the unwinding of various transactions to defraud creditors.
• (1) Reid Minty (2) RMPI LLP v (1) Simon Edwards (2) Prolegal Limited (3) Capita Group Plc. (and three other defendants) [2008] EWHC 2722 (Ch) Junior counsel for Prolegal Limited (a solicitors firm), its managing director and two other defendants, in high-profile claim by another firm, Reid Minty, for alleged theft of confidential information, unlawful competition, and an alleged multi-party conspiracy to defraud said to involve amongst others, the FTSE 100 company, Capita Group Plc.
• OTL & W v P [2006] EWHC 1226 (Ch), [2006] Ch 549, [2006] 3 WLR 273, [2006] 4 All ER 311, The Times, June 8, 2006
  Junior counsel for the applicant computer expert in what was then the leading authority on the assertion of the privilege against self-incrimination in respect of the execution of search orders.
• He has acted as junior counsel for a major commercial claimant company in two substantial actions obtaining inter alia wide-ranging freezing, search and disclosure orders in relation to a multi-million pound counterfeiting and passing-off claims against a range of defendants, the further details of which remain confidential.

Regulatory:

Rob regularly provides advice in relation to investigations and sanctions by regulators and has appeared in various regulatory tribunals. Examples of his recent work in this area include:

• Bloomsbury International Ltd v. Sea Fish Industry Authority & DEFRA [2009] EWHC 1721 (QB)
  Junior counsel for the defendant authority resisting multi-million pound claim for restitution and alleged breaches of articles 23 and 25 EC. Judgment obtained for Authority following trial. 
• As junior counsel, advising a major overseas bank in relation to a regulator’s investigation and proposed sanctions arising out of the bank’s retail sale of structured financial products. 
• As sole counsel, advising a leading financial institution as to the compatibility of a complex investment product with the FSMA regime. He assisted with a successful application to the Financial Services Authority (FSA) for approval of that product.
• As sole counsel, advising a major overseas telecommunications company as to litigation concerning an auction of 3G licences.
• As sole counsel, defending an estate agent in proceedings brought by the OFT under the Estate Agents Act 1979.

Rob acts for media clients in a range of matters concerning alleged breaches of contract, fiduciary duty, and confidence. He regularly advises in relation to disputes between high-profile personalities and their agents, of which the details remain confidential.

• X v Y (Arbitration, 2008)
  Junior counsel for defendant broadcaster answering claim for more than 100 million dollars arising out of contracts for the marketing and television broadcasting of sports events. 
• Mercury Games Ltd v Koch Media Ltd (QB, 2007)
  Sole counsel for the defendant software distributor in dispute as to the licensing of the Crazy Frog Racer computer games.
• Kantana v Mediafilm (QB, 2007)
  Sole counsel for claimant film company in dispute as to licensing of the film ‘Highlander V’.
• Aegis Defence Services Ltd v Stoner [2006] EWHC 1515 (Ch)
  Junior counsel in application for injunctive relief in respect of breach of confidence and passing off, which included disabling various websites and domain names operated by the defendant.

Rob acts for sport clients in a range of matters concerning alleged breaches of contract, fiduciary duty, and confidence. In particular, he has recently acted in several disputes in relation to the Formula 1 industry.

• Sheffield United Football Club Ltd v. West Ham United Football Club Plc (FA arbitration, 2009) Junior counsel for claimant football club in the quantum stage of its multi-million pound claim arising out of the Carlos Tevez affair and the club’s relegation from the Premier League to the Championship.
• A (Formula 1 team) v B (Formula 1 team) (FIA, 2008)
  Junior counsel for prospective Formula 1 motor racing team in contested application to participate in F1 Championship.
• Dartry Ltd v Karthikeyan (QB, 2007)
  Sole counsel for the defendant Formula 1 driver in claim as to alleged sponsorship deal.
• Midland F1 Marketing Ltd v Karthikeyan (Comm Ct, 2007)
  Sole counsel for the Formula 1 driver and his ex-agent in dispute relating to the former Jordan Formula 1 team.
• First Artist Corporation v Scott Murray (2006)
  Sole counsel for the League One professional footballer in a high profile trial against his agent, regarding the terms of two transfer deals.

Rob advises and acts for employers and employees in relation to High Court and County Court employment law matters, particularly substantial claims for wrongful dismissal, bonuses and breaches of directors’ duties. 

Rob has acted in various High Court injunction applications for the enforcement of restrictive covenants and springboard relief, in particular on behalf of finance houses for substantial interim injunctions against their respective brokers. Many of the details of these applications are confidential.

Rob is a co-author of a leading practitioner text in the area, Employee Competition: Covenants, Confidentiality, and Garden Leave (OUP, 2007).

In July 2006, Rob provided advocacy training for lawyers appearing in Tribunal proceedings on behalf of ELA.

Employment:

• Fish & Ors v. Dresdner Kleinwort Ltd [2009] EWHC 2246 (QB), [2009] IRLR 1035
  Junior counsel for Bank defending multi-million Euro claims for payment of bonuses, involving detailed examination of the scope of fiduciary duties for senior management employees.
• Heathrow Express Operating Company Ltd v Jenkins [2007] All ER (D) 144 (Feb) (EAT)
  Sole counsel for the successful appellant in appeal principally concerning the scope of disability discrimination by way of failure to make reasonable adjustments.
• Dawnay Day v. McDiarmid (QB, 2006)
  Junior counsel for the claimant property fund enforcing restrictive covenants against former employee.  

Disciplinary proceedings:

• As sole counsel, defending two head teachers in a 4 day and a 3 day hearing respectively before the General Teaching Council.
• As junior counsel, acting for an NHS trust in a substantial arbitration under the HC 90(9) procedure concerning the conduct of one of its consultants.
• As junior counsel, appearing for two solicitors in their petition to the Master of Rolls regarding the imposition of conditions on their practising certificates by the Law Society.

Rob has experience of a wide range of public law matters, particularly in relation to commercial judicial review. He regularly advises and acts both for public authorities and corporate and individual claimants in court proceedings and in regulatory tribunals. Rob is regularly instructed to advise, both as sole counsel and with leading counsel, as to the compatibility of primary and secondary legislation with HRA 1998.

Rob was junior counsel to the Ritz Hotel and to the parents of Henri Paul in the inquests into the deaths of Diana, Princess of Wales and Dodi Al Fayed.  In the course of those proceedings, Rob successfully appeared on behalf of the parents of Henri Paul in their judicial review of the decision of the Coroner to admit documentary hearsay evidence before the Divisional Court: R (Paul) v Assistant Deputy Coroner of Inner West London [2007] EWHC 2721 (Admin) and then the Court of Appeal: [2007] EWCA 1259, [2008] 1 All ER 981, Times 11 December 2007. 

Rob has recently appeared as sole counsel for:  

• Several claimants in a substantial action in the Investigatory Powers Tribunal, the further details of which are subject to confidentiality.
• An applicant before the licensing committee of the Human Fertilisation & Embryology Authority.

Previous experience:

Rob has conducted exhibition debates and public speaking and advocacy seminars across the world. In 2002, he was one half of the team that won the World Debating Championship on behalf of NYU Law.

In 2002 and 2003, Rob lectured in Public Law and Jurisprudence at Brunel University and tutored Public Law at University College London.

Between 2002 and 2004, he was a Visiting Research Fellow at the British Institute of International and Comparative Law (‘BIICL’).

Publications and papers:

Co-author of ‘Restrictions in Non-Employment Contracts’ and ‘Practice and Procedure’ in Employee Competition: Covenants, Confidentiality, and Garden Leave, Paul Goulding QC (ed.) (OUP, 2007).

Author of ‘Public Funding’ in Administrative Court: Practice and Procedure, Beverley Lang QC (ed.) (Sweet & Maxwell, 2006).

Focus on Article 2, ECHR [2005] J.R. 19 – 26.

Vicarious Liability for Violent Employees [2004] 64 C.L.J. 53 – 64.

Risk Analysis as an Alternative to Factual Causation in Fairchild [2003] 12 Nottingham Law Journal 18 – 33.

Book Review [2003] 52 I.C.L.Q. 1073 – 1074.

Challenging the Biotechnology Directive: A Letter from America [2003] 14 European Business Law Review 325 – 350.

Rob has given conference papers on article 6, ECHR (BIICL Annual Meeting 2003) and on managing parallel proceedings in domestic law (BIICL Annual Meeting 2005). He has also delivered training in human rights law to a delegation of senior Armenian civil servants, as part of DFID’s Armenian Public Sector Reform Programme.