Robert is a consultant in the Dispute Resolution team with over 15 years’ experience running large-scale commercial litigation and white-collar criminal investigations for high-net-worth individuals (HNWIs) and companies, including companies in the FTSE 100 and FTSE 250.
Robert has a track record of delivering significant value as a result of early adoption of innovative litigation models, rigorous analysis of legal positions, creative problem solving, and identifying commercial and legal pressure points.
Robert is experienced in the application of all forms of dispute resolution including mediation, expert determination, arbitration, and litigation (including appeals to the Court of Appeal and petitions to the House of Lords/Supreme Court). He has undertaken many successful mediations, but also has extensive trial experience including cases which were identified as among the “top ten” cases to come to trial in the English courts in 2006, 2010, and 2011.
Expertise
- Civil fraud and white collar crime
- Contractual and commercial disputes
- Shareholder, Director and Take-over related disputes
- Banking and financial litigation
- Asset tracing and recovery
- Bribery Act cases
- Money laundering investigations
- Regulatory investigations
Experience
Major Civil & Criminal Fraud Litigation
- Advising clients on obtaining freezing orders and/or search and seizure orders and clients who have been served with such orders.
- Advising a US-based HNWI on claims against a Russian multi-national company arising from the bulk transportation of products.
- Spending over 3 years running a large team of barristers, solicitors and paralegals to bring a complex range of claims on behalf of Boris Berezovsky in cases which involved obtaining without and on notice freezing, search and other relief in relation to billions of dollars of assets located worldwide. The claims were rated in The Lawyer as among the Top 10 cases of 2010 and the Top 20 cases of 2011.
- Coordinating the worldwide defence of criminal charges and civil claims for a HNWI: accused of fraud, abuse of political office and ‘organising a criminal organisation’ by a foreign government.
- Defending a senior executive against claims by her former employer for conspiracy to injure by unlawful means, breach of contract and breach of fiduciary duty arising from a move by the senior executive ‘in-house’ to the main client of the former employer.
- Acting for a major European car rental business in its counter-claims for fraudulent misrepresentation, repudiation and breach of contract against a major IT consultancy over the failed implementation of ERP software and defending claims from the consultancy for its unpaid fees and lost profits. The matter settled following the second week of a 9 week trial. An interim decision in the case on the ability to withhold disclosure on the basis of “common interest” privilege was reported.
- Atos Consulting Ltd -v- Avis Europe Plc [2007] EWHC 323 (TCC); [2007] All ER (D) 07 (May).
- Defending an individual director of a business in a claim for approximately £130m for fraudulent misrepresentation. The claim was listed as one of the “top ten” trials of 2006 before settling shortly before the trial was due to begin. The case is now also the leading decision setting out the circumstances in which a Judge should recuse himself from hearing a case where there is the potential for bias.
- AWG Group Ltd and another -v- Morrison and another (CA) [2006] EWCA Civ 6; [2006] All ER (D) 139.
- Defending the former Chairman and Managing Director of a large middle-eastern shipping company in a claim for US$70m for conspiracy to injure that company by unlawful means. Brought into matter which had been running for nearly 4 years less than 3 months before the 70-day trial. Subsequently responsible for day-to-day running of case, including a 10-day appeal before the Court of Appeal (including a successful application to adduce new evidence) and petitioning the House of Lords. The case is one of the leading decisions on the tort of conspiracy to injure by unlawful means.
- Kuwait Oil Tanker Company SAK and another v Al Bader and others [2000] All ER (D) 692; (2000) Times, 30 May; [2000] 2 All E.R. (Comm) 271.
- Advising a FTSE 100 company on the termination of employees in a foreign office, the recovery of misappropriated assets and the enforcement of the compromise agreement.
- Acting for a foreign state seeking to recover assets in England and elsewhere misappropriated by a former official and in the face of competing claims by the federal government of that state.
- Acting for a major national sporting body in investigating causes of action against its former agent (a multi-national agency) and its employees in respect of secret profits and diversion of revenue.
Banking & Financial Litigation
- Advising a variety of clients on claims to recover funds paid away as a consequence of email frauds.
- Advising businesses in relation to accounts which have been “frozen” by their banks without explanation.
- In-house advisor to the private business controlled by an Ultra High Net Worth Individual in relation to multiple claims arising from the 2008 financial crisis and misfeasance in an investigation by the Serious Fraud Office.
- Advising employer on potential claims arising from a major discontinued SFO investigation, including matters arising from defaults under syndicated loans of in excess of £2 billion.
- Advising 4 UK building societies on claims against Kaupthing, Landesbanki and Glitnir for c.£20m arising from capital markets instruments, following the collapse of the Icelandic banks. The advice involved developing a detailed understanding to advise and develop the claims given the operation and legal structure of the CREST trading system.
- Advising 2 HNWIs to recover over US$35m invested in “with growth” funds with a collapsed mutual in less than 3 months, and including interest and a contribution to costs in a case where the majority of creditors recovered pennies in the pounds many years later.
- Advising a UK building society on defending a claim from a US Bank under a Certificate of Deposit for £10m.
- Advising a UK financial institution on issues arising contractually and with the FSA (now FCA) on its relationship with a SIPP provider.
- Advising a ‘Big 4’ accountancy practice in relation to enforcement action by the FSA (now FCA) against the former directors of a FTSE 100 IT company.
Shareholder, Director & Take-Over Related Claims
Africa
- Defending a HNWI from claims to recover c.US$22m for fraudulent misrepresentation and conspiracy to defraud by unlawful means over the sale of a large FMCG company in sub-Saharan Africa. Substantial net costs recovery for client in detailed assessment. Successfully resisted the Claimants’ attempt at the PTR to replace their case on loss by incorporating the entire pleadings in a related (settled) claim reported at Ovlas Trading SA –v- Strand (London) Limited & Ors [2009] All ER (D) 130.
- Defending a Zimbabwean HNWI in an investigation by the Metropolitan Police into allegations of money laundering in the UK, including a successful judicial review of the issue of warrants and production orders under the Proceeds of Crime Act 2000. Advising in relation to a civil claim for damages arising from the illegal search resulting in a confidential settlement.
- Litigated for breach of warranty and misrepresentation arising from the sale of a fast moving consumer goods business in Angola for c.$30m.
Other
- Acting for the Asia-Pacific distributor of an additive for household products in a contractual dispute with the US-based trademark owner, leading to termination of the contract, claims for repudiation, enforcement of post-termination provisions and claims and cross-claims for damages.
Please note: The experience list above may include examples of work completed prior to joining Keystone Law.
Career
Robert qualified as a solicitor in 1999. Prior to joining Keystone Law in 2014, he worked at the following firms:
- Addleshaw Goddard
- Olswang