Robert Weekes

Rob has an extensive commercial practice and 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.

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 particular expertise in civil fraud and the full range of injunctive relief associated with such cases.

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

• In the Matter of an Indian Arbitration (2010 - )
  Junior counsel in claim for over US$500m under a material damage and business interruption insurance policy. The claim, arising out of cyclone damage to an oil refinery, is subject to Indian law and has involved nearly 3 months of evidence. The seat is Mumbai and it is said to be the largest domestic arbitration ever to take place in India.
• Credit Suisse Trust Ltd & anor v Ansbacher & Co Ltd (Commercial Court, 2009 - 2010)
  Junior counsel for defendant bank answering claim arising out of an investment in the Dubai property market and allegations as to compliance with various FSA rules and principles.
• Izodia Plc v Vandyk & ors (Chancery Division, 2010 -)
  Junior counsel for claimant company in claim against former director and associated companies for negligence, misrepresentation and breach of fiduciary duty arising out of a property transaction.
• Bloomsbury International v Sea Fish Industry Authority & DEFRA [2009] EWHC 1721 (QB), [2010] 1 CMLR 12; [2010] EWCA Civ 263, [2010] 1 WLR 2117, [2010] 3 All ER 126
  Junior counsel for the authority at trial and on appeals to the Court of Appeal and Supreme Court, resisting claim for restitution of levy paid on the imports of sea fish and fish products. This is the leading domestic case on the application of articles 28 and 30 TFEU - concerning charges of equivalent effect to customs duties. The Supreme Court appeal was heard in March 2011.
• Citco Global Custody N.V. v Y2K Finance Inc. (BVI, 2008 - 2010)
  Junior counsel for defendant hedge fund, answering 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. The unfair prejudice claim was litigated both in the High Court and Court of Appeal. The liquidator application was subsequently dismissed with costs.
• Izodia Plc v Fladgate Fielder  & anor (Chancery Division, 2008 - 2010)
  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 (Court of Appeal, [2008] EWCA Civ 1156, [2009] 2 All ER (Comm) 164)
  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) Ltd (and ors) (Bahamas) (2005 - 2008)
  Junior counsel for the trust company defending a multi-million dollar banking fraud claim, which was alleged to have led to the collapse of the fifth largest bank in Ecuador.

Civil fraud and asset recovery:

Rob has considerable experience of acting and appearing in civil fraud cases. He is frequently instructed, both as sole counsel and as a junior to leading counsel, to obtain freezing, search, disclosure and evidence preservation and doorstep Anton Piller orders. The details of many such applications remain confidential.

He is also regularly instructed by and appears for the Serious Organised Crime Agency in various proceedings concerning the civil recovery of the proceeds of crime.

Notable fraud cases in which he has recently acted include:

• Madoff Litigation (2010 - ) 
  Rob is member of a team of Blackstone counsel, acting for the Trustee in Bankruptcy of Bernard Madoff in relation to various pieces of litigation to recover part of the US$50 billion lost under Madoff’s Ponzi scheme.  The retainer has involved multi-jurisdictional disputes covering issues of EU law, cross-border insolvency, US bankruptcy law, tracing claims and trusts law. 
• Medacs Healthcare Plc v Bennett & Reed Healthcare Plc ors (Chancery, 2010 -)
  Sole counsel for claimant company obtaining various injunctions against individual and corporate defendants in claims for alleged misappropriation of its confidential information.
• AHAB v Al-Sanea (& Ors) (Cayman, 2010)
  Rob was a member of the counsel team acting for the defendant, Maan Al-Sanea, a major Saudi businessman, resisting a $9 billion claim alleging the fraudulent misappropriation of assets from a Saudi partnership, as well as defending a substantial contempt application. This case is of major interest in the Middle East.
• Merlin Mineral Resources & anor v Kermas Ltd (BVI, 2010) Junior counsel for claimants successfully resisting the respondent’s application to discharge $57 million freezing injunction made in support of foreign arbitral proceedings arising out of the exploitation of African mining concessions.
• Aspect Capital v Christensen (Chancery, 2010 -)
  Counsel for claimant investment manager in claim for alleged misappropriation of confidential and proprietary data. 
• 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 Crime Agency v Gale & Ors [2009] EWHC 1015 (QB), [2010] EWCA Civ 759, [2010] 1 WLR 2881 
  Junior counsel for SOCA at trial and then on appeals to the Court of Appeal and the Supreme Court, in one of the most substantial claims ever for civil recovery under the Proceeds of Crime Act 2002. SOCA obtained judgment following a three week trial. The Court of Appeal dismissed the respondents’ appeal and upheld SOCA’s cross-appeal as to the respondents’ liability for the interim receiver’s investigation costs. Supreme Court appeal is listed for May 2011.
• Weavering Capital (UK) Ltd.  & Ors (Chancery Division, 2009 -)
  Junior counsel for administrators of hedge fund management company which acted as investment adviser to a very substantial hedge fund based in the Cayman Islands. The claim involves serious allegations of fraud against the former MD and the unwinding of various transactions said to defraud creditors. In April 2009 obtained worldwide freezing order in the sum of US $475 million  - one of the largest freezing orders ever granted by the UK Courts - and ancillary relief. Trial in 2011.
• Reid Minty  & anor  v Edwards & Prolegal Limited & Capita Group Plc. (and ors) [2008] EWHC 2722 (Ch)
  Junior counsel for a solicitors firm, its MD and two employees, in high-profile claim by another firm for alleged theft of confidential information, unlawful competition, and an alleged 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.

Commercial arbitration

• In the Matter of an Indian Arbitration   (2010 - )
  Junior counsel in claim for over US$500m under a material damage and business interruption insurance policy. The claim, arising out of cyclone damage to an oil refinery, is subject to Indian law and has involved nearly 3 months of evidence. The seat is Mumbai and it is said to be the largest domestic arbitration ever to take place in India.
• X v Y (2008)
  Junior counsel for defendant broadcaster answering claim for more than 600 million dollars in SIAC arbitration. The claim arose out of contracts for the marketing and television broadcasting of sports events.

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 600 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, 1st edition, 2007; 2nd edition, 2011).

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

• 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.
• Optaglio v Zolutukhin (QB, 2009)
  Junior counsel for former employees who were sued in respect of their establishment of new competing holographic business.
• 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.

Rob has experience of a wide range of public law matters, particularly in relation to commercial judicial review and regulatory matters.

• 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.

Regulatory

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

• 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. Rob 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.
• Sole counsel for several claimants in a substantial action in the Investigatory Powers Tribunal, the further details of which are subject to confidentiality.
• Sole counsel for 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 around 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, 1st edition 2007; 2nd edition, 2011).
• 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.

Other Information:

VAT registration number:  843228728