Robert specialises in insolvency/restructuring, banking, commercial and company law. He also has experience advising on a diverse range of other matters, including intellectual property and sports law.
He has acted in relation to a number of bank insolvencies, most notably the Lehman Brothers Waterfall II litigation (one of The Lawyer magazine’s Top 20 Cases of 2015).
Most of the cases in which Robert is instructed have an international element. These include an arbitration against a sovereign state, various cross-border insolvencies, and offshore trust litigation.
As an advocate, Robert has appeared as sole counsel at all levels up to and including the Court of Appeal, and as junior counsel in more complex, high-value disputes. His clients range from private individuals and small businesses to large banks and hedge funds.
AREAS OF PRACTICE
Robert carries out advocacy and advisory work in a range of matters and regularly appears in the High Court. His experience includes the following.
Insolvency and Restructuring
- Republic of Ukraine, restructuring $18 billion of sovereign debt following the annexation of Crimea.
- Lehman Brothers: “Waterfall II”  BCC 239, distribution of the £7 billion surplus in the LBIE estate (one of The Lawyer magazine’s Top 20 Cases of 2015, currently under appeal to the Court of Appeal).
- STX Offshore & Shipbuilding  EWHC 2228 (Ch), effect of Korean rehabilitation proceedings on pending English Commercial Court litigation.
- Primeo v KPMG  EWHC 2432 (Ch), successful application under Art.21(1)(d) of the UNICITRAL Model Law and s.236 Insolvency Act 1986 to obtain documents for the purpose of ongoing litigation.
- Cyprus Popular Bank, Cypriot bank in special administration, effect of the Credit Institutions Directive.
- Rafidain Bank, winding up proceedings in respect of an Iraqi bank commenced by the Bank of England pursuant to its regulatory function.
- Banco Santos, Brazilian bank insolvency involving allegations of money-laundering.
- Bankas Snoras, Lithuanian bank insolvency following widespread fraud.
- Finanzamt Braunschweig v Riemann, challenge to English bankruptcy proceedings on grounds of illusory COMI-shift/forum-shopping.
- Broad experience of other insolvency and restructuring proceedings, including schemes of arrangement, winding up and bankruptcy petitions, injunctions to restrain presentation/advertisement, and administration applications.
Banking and Finance
- Primeo v HSBC, $2 billion claim for breach of duty as a fund administrator and custodian.
- LBI v Rabobank, €70 million claim regarding close-out under the ISDA Master Agreement.
- BNY Mellon Corporate Trustee v Taberna Europe CDO, alleged events of default under a €2 billion securitisation structure.
- Lomas v Burlington Loan Management  EWHC 2417 (Ch), meaning of 'cost of funding' in the 1992 and 2002 ISDA Master Agreements.
- VR Global v Exotix, dispute concerning the unwind provisions in a $10 million LMA Trade.
- Advising the parties to a £700 million property purchase on the waterfall provisions in a suite of transaction documents.
- Advising the parties to a $70 million securitisation transaction on the validity of the security.
- Advising a retail banking customer on the alleged mis-selling of an interest rate swap.
Commercial Litigation and Arbitration
- Gerald Metals SA v Ardila Investments NV, urgent injunction to restrain dissipation of a $220 million asset by an international mining group.
- Bankas Snoras v Yampolskaya  EWHC 2136 (QB), contested application to enforce a £10 million foreign judgment which the defendant alleged had been obtained by fraud.
- An Arms Manufacturer v A Sovereign State, ICC arbitration.
- A v B, anti-arbitration injunction.
- Advising various clients, including a multinational technology company, on intellectual property disputes.
- Primeo v Herald, redemption of shares and rectification of the register in respect of an investment fund.
- Successfully resisting an injunction on very short notice against former directors accused of competing against their old company.
- Advising directors and shareholders on a wide range of corporate matters.
Civil Fraud and Asset Recovery
- Bankas Snoras v Antonov, €482 million claim by a bank alleging fraud against its former director.
- Kinaz v Adler, freezing injunction over properties worth several million pounds following alleged fraudulent transactions.
- Acting for victims of the Madoff Ponzi scheme.
- Advising the defendant to a claim for dishonest assistance.
- Advising an elderly, high net worth individual who had been coerced into transferring property to a relative.
- Advising a City law firm on its obligations under the Money Laundering Regulations.
- Constantin Medien AG v Bernie Ecclestone  EWHC 387 (Ch), $144 million bribery claim under German law against leading figures in Formula One (as a pupil, assisting Tom Smith QC).
International and Offshore
- Acting for a Cayman investment fund in substantial litigation before the Grand Court.
- Advising the trustees of a family settlement in relation to major litigation proceeding simultaneously in London, the BVI and Guernsey.
- Advising various trustees on applications for Beddoe relief to the Jersey Royal Court.
- Producing expert evidence on English law for use in foreign courts.
- Regularly instructed in cases in the English courts which raise conflicts of laws issues.
- Robert has also worked on disputes under the laws of Bermuda, Germany, Gibraltar, Hong Kong, Ireland, Samoa, Switzerland, Ukraine and the USA.
- Advising an insurer on the status of funds held by an intermediary under CASS 5.
- Advising an insurer on its obligations under the Third Parties (Rights against Insurers) Act 2010.
- Federal Mogul  EWHC 2002 (Comm), £500 million dispute under a reinsurance agreement (as a pupil, assisting Richard Fisher).
- Advising a European champion athlete following her deselection from the national squad prior to the Rio Olympics.
- Bacheta v Greaves Motorsport, dispute between a professional racing driver and his team.
- Quantum v Heatherwold Stud, racehorse ownership dispute.
- Advising various professional football clubs on a range of matters, including the Home-Grown.Player rule, sporting sanctions and FA Rule K arbitrations.
Robert appeared as sole counsel in the Court of Appeal in Agbenowossi-Koffi v Donvand Ltd  EWCA Civ 855; and in the EAT for the successful appellant in Simpson v Hackney LBC  All ER (D) 168 (Feb), an equal pay claim against a local authority. Other pro bono clients include victims of unlawful discrimination and human trafficking.
|2016||Limited admission to the Bar of the Cayman Islands|
|2013||Judicial assistant to Advocate General Sharpston, European Court of Justice|
|2012-2013||Herbert Smith Freehills LLP (banking and public law litigation)|
|2012||Called to the Bar of England and Wales|
|2011-2012||Bar Professional Training Course|
Associate, Deloitte LLP
Contributor to Moss Fletcher and Isaacs, The EC Regulation on Insolvency Proceedings (3rd edition, OUP)
Contributor to Moss and Wessels, EU Banking and Insurance Insolvency (2nd edition, OUP)
Contributor to International Corporate Rescue
Contributor to Insolvency Intelligence
LECTURES AND SEMINARS
Cross-border assistance after Singularis (Association of Restructuring and Insolvency Experts seminar)
Litigating under the LMA Standard Terms and Conditions (law firm training seminar)
Shareholders’ rights in common law jurisdictions (colloquium at Trinity College, Dublin)
EDUCATION AND QUALIFICATIONS
Christ Church, Oxford, MA Jurisprudence (English law and French law)
Université Paris II, Certificat supérieur de droit français et européen
PRIZES AND SCHOLARSHIPS
Winner, Sir Louis Gluckstein Advocacy Prize 2012
Winner, The Times Advocacy Competition 2010
Lord Denning Scholarship (Lincoln's Inn)
Sir Jean-Pierre Warner Scholarship (Lincoln's Inn)
Sunley Scholarship (Lincoln's Inn)
Hardwicke Award (Lincoln's Inn)
Essay prizes awarded by the Bar Council and the Financial Services Lawyers' Association
Music, sport and travelling