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Robert Englehart QC accepts appointments to sit as an arbitrator or mediator; his extensive experience also makes him ideally suited to provide expert opinions on matters within his areas of expertise.
Robert Englehart QC is recognised by both the leading independent legal directories, The Legal 500 2015 and Chambers UK 2016, as a leading silk.
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 both for HMRC and 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), Westlaw v Boddy (CA) (solicitors) 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, Remedy UK 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 and a judicial review about age discrimination (BMA v GMC). He acted for the GMC in the assisted suicide case, AM v DPP, SRA and GMC. He has also appeared for other regulators in judicial review cases including the Council for Licensed Conveyancers, the General Optical Council and the Royal College of Nursing. He appeared for the Nursing and Midwifery Council in Perry v NMC (CA). He acted for the Royal Pharmaceutical Society in judicial review and in the litigation over its Royal Charter in the Chancery Division. 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). He advised the Hacked Off pressure group following the Leveson Report on Royal Charters and he is currently representing a police officer in litigation over corruption allegations in the Cayman Islands. He is also acting as Counsel to the Inquiry in a Public Inquiry in Gibraltar being held by a Court of Appeal Judge.
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 HMRC and for a number of different local authorities on financial matters.
Representing a Police Inspector in Cayman Islands litigation over corruption.
Acted successfully for the NMC in the Court of Appeal.
Acting as Counsel to the Inquiry in a Public Inquiry in Gibraltar.
Successfully represented (with Catherine Callaghan) GMC in Judicial Review brought by Dr Colman for bias in serious professional misconduct proceedings.
Successfully represented the Society in Judicial Review by a supervisor pharmacist complaining of delay and unfairness in the investigation of complaints. It was the first case brought against the successor body to the Society, the General Pharmaceutical Council.
Successfully represented HMRC against Judicial Review seeking production of information about tax evasion.
Acted for the GMC in successfully resisting a judicial review application for the GMC to permit physician assisted suicide.
Robert is generally acknowledged to be a 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.
“Typically represents well-known performers in the music industry, on matters such as restraint of trade, undue influence and partnership, as well as undertaking Copyright Tribunal work and cases regarding music publishing.”Chambers UK, 2016
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 National Anti-Doping Panel in March 2008. He is also a member of the English Cricket Board’s Appeal Panel for child protection issues and he sat on the Appeal Panel for the 2012 Paralympics. He has also advised a number of different sporting bodies on safety of sports ground issues.
Recent work he has undertaken includes representing 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 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. He has presided over a number of anti-doping cases and a number of appeals by athletes over non-selection for British teams.
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