Rob specialises in Commercial, Civil Fraud, Asset Recovery & Injunctive Relief and Arbitration. He regularly appears in all divisions of the High Court as well as in various arbitral tribunals. He has appeared on many occasions in the Court of Appeal, as well as twice in the Supreme Court.

Rob has also acted in substantial actions before the courts of the British Virgin Islands, the Cayman Islands and the Bahamas. He is called to the Bar of the Eastern Caribbean Supreme Court, BVI. He regularly appears in the BVI Commercial Court and in the ECSC Court of Appeal, with and without a leader. 

The independent legal directories, Chambers & Partners and Legal 500, have for several years commended Rob as a leading junior in the fields of commercial litigation, arbitration and civil fraud and have noted that he is "clearly going to be a total star, as he has immense gravitas in court" (Chambers and Partners 2019).

Although Rob’s practice is commercial in focus, throughout his career he has acted in leading cases in a number of other specialist areas, including sport, media and entertainment, employment and public inquiries. For example, he appeared as junior counsel for the Ritz Hotel and the Paul Family in the Inquests into the deaths of Diana, Princess of Wales and Dodi Al Fayed; acted for Sheffield United in the Carlos Tevez litigation; regularly appears in arbitrations before the British Boxing Board of Control; and has acted in a number of disputes relating to fine art, involving collectors, dealers and auction houses.

In November 2012, Rob was recognised by Legal Week as one of its Stars of the junior Commercial and Chancery Bar. Partners said that he is: “a phenomenally hard work worker and has a great grasp of detail, going the extra mile to polish pleadings” and that: “He has a superb brain allied to a keen tactical and strategic sense of what is right. The accuracy and quality of his written work is as good as I have ever come across.” 

Experience

Shortlist

Commercial

Rob has an extensive commercial practice and substantial advocacy and trial experience. He appears in a wide variety of commercial matters in the High Court and in arbitration, both as sole counsel and as a junior to leading counsel. 

He has significant expertise in civil fraud and asset recovery and the full range of injunctive relief associated with such cases.

He advises and acts across a range of industry sectors.  He is often instructed in disputes with a significant technical element,  in particular in the IT and pharmaceutical fields. He has also a niche interest in art litigation and has acted in various disputes relating to collectors, dealers and auction house over the years.

Rob has long been recommended by Chambers & Partners and the Legal 500 as a leading junior in the field of commercial litigation and by Chambers Global in commercial dispute resolution.


Cases

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Civil Fraud, Asset Recovery & Injunctive Relief

Rob has acted in several of the most significant and high-profile fraud cases of recent years, including the Madoff fraud (for the trustee of the estate of Bernard Madoff and BLMIS, as well as the liquidator of his English company); the AHAB -v- Maan Al-Sanea litigation in the Grand Court in the Cayman Islands (for the principal defendant, Maan Al-Sanea); the Weavering litigation (for the claimant, the liquidators of Weavering); the Otkritie -v- Urumov claim (for the principal defendant, George Urumov as well as his wife, Yulia Balk); and the PCP -v- Barclays proceedings (for the claimant, PCP).

 

Rob has extensive experience of interlocutory relief in fraud claims and is as familiar acting for claimants as defendants in respect of such applications. These range from freezing and search orders, to asset disclosure orders, Norwich Pharmacal orders, debarring orders and committal proceedings. Many of Rob’s instructions in this regard are confidential.


A selection of fraud cases in which Rob is currently acting are as follows:

Cases

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Arbitration

Rob is an experienced advocate in arbitration, having acted over the years in arbitrations under the LCIA rules, ICC, LME and SIAC rules, as well as various ad hoc arbitrations. His experience includes appearing in what was said to be India’s largest ever domestic arbitration (with its seat in Mumbai) and the substantive hearing lasting for more than 70 days, and appearing in  one of the highest profile and most important LCIA arbitration of recent years, if not the decade, in which the Government was ordered to pay £224m to Raytheon, a fact which was reported on the front pages of many national newspapers.

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Offshore

For several years now, a significant part of Rob’s practice is offshore. Having been called in the BVI for more than 10 years, he has appeared regularly in the Commercial Court and in the ECSC Court of Appeal, both with leading counsel and as leading counsel himself. For the past three years, he has acted in the Emmerson litigation in the BVI Commercial Court, which is arguably the most substantial and complex case to have been brought in the jurisdiction, at least in recent years. He has appeared in the Court of Appeal in respect of that case on 3 occasions in 2018, in addition to appearing in numerous hearings at first instance. In previous years, Rob has also acted in very substantial proceedings in Cayman and in Nassau. A selection of the offshore cases in which Rob is currently acting or has recently acted are set out below.

Cases

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Banking

Rob regularly acts in disputes concerning substantial corporate finance transactions and the provision of investment and financial advice.

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Employment & Data Protection

Rob advises and acts for employers and employees in relation to High 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 three editions of a leading practitioner text in the area of confidentiality and restrictive covenants, Employee Competition: Covenants, Confidentiality, and Garden Leave (OUP, 3rd edition, 2016).

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Sport

Rob has advised and acted in commercial and regulatory disputes arising out of a number of different sports, including football, Formula 1, boxing and MMA.

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Achievements

Education

MA (Cantab), First Class, LLM (NYU) (Fulbright scholar), (Astbury scholar, Middle Temple)

Publications

  • 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; 3rd edition, 2016).
  • 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.

Membership of professional associations

  • ALBA
  • COMBAR

Selected earlier reported cases

Commercial

  • Bloomsbury International v Sea Fish Industry Authority & DEFRA [2009] EWHC 1721 (QB), [2010] 1 CMLR 12; Court of Appeal [2010] EWCA Civ 263, [2010] 1 WLR 2117, [2010] 3 All ER 126; Supreme Court [2011] UKSC 25, [2011] 1 WLR 1546
  • Spring Finance Ltd v HS Real Company LLC (Commercial Court, 2011 - 2012) 
  • Izodia Plc v Vandyk & ors (Chancery Division, 2010 - 2011)
  • Credit Suisse Trust Ltd v Ansbacher & Co Ltd (Comm Court, 2009 - 2010)
  • Citco Global Custody N.V. v Y2K Finance Inc. (BVI: High Court & Eastern Caribbean Court of Appeal, 2008 - 2010)
  • Mulhall v Yorkshire Bank Finance (Court of Appeal, [2008] EWCA Civ 1156, [2009] 2 All ER (Comm) 164)

Civil Fraud, Asset Recovery & Injunctive Relief

  • Serious Organised Crime Agency v Gale & Ors [2009] EWHC 1015 (QB); Court of Appeal [2010] EWCA Civ 759, [2010] 1 WLR 2881; Supreme Court [2011] UKSC 49, [2011] 1 WLR 2760
  • Merlin Mineral Resources & anor v Kermas Ltd (BVI, 2010)
  • Aspect Capital v Christensen (Chancery, 2010) 
  • Russian Commercial Bank (Cyprus) Ltd v Khoroshilov (Commercial Court, 2009)
  • Weavering Capital (UK) Ltd.  & Ors (Chancery Division, 2009) 
  • Reid Minty  & anor  v Edwards & Prolegal Limited & Capita Group Plc. (and ors) [2008] EWHC 2722 (Ch) 
  • OTL & W v P [2006] EWHC 1226 (Ch), [2006] Ch 549, [2006] 3 WLR 273
  • Aegis Defence Services Ltd v Stoner [2006] EWHC 1515 (Ch) 
  • Central Bank of Ecuador (and ors) v Ansbacher (Bahamas) Ltd (and ors) (Bahamas, 2005 -2008)

Employment

  • Fish & Ors v Dresdner Kleinwort Ltd [2009] EWHC 2246 (QB), [2009] IRLR 1035 
  • Optaglio v Zolutukhin (QB, 2009) 

Other relevant 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’). 

Rob was Junior Counsel to the Crown (C Panel) between 2008 and 2013.

VAT registration number: 843228728

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