Practice overview
Rob’s practice spans commercial and civil fraud, insolvency, construction and professional negligence disputes. He is regularly instructed as part of a counsel team and frequently appears unled in the High Court and County Court.
Rob is a contributor to both Construction Professional Indemnity Insurance (Sweet & Maxwell) and Insurance Broking Practice and the Law (Informa) and is a member of the Government Legal Department’s Junior Junior panel.
Rob previously worked at the Serious Fraud Office on the cross-border investigation of a former FTSE 100 company, and on the SFO v ENRC [2018] EWCA Civ. 2006 privilege litigation. He then worked in the London disputes practice of a directory-ranked US law firm. He therefore understands his clients’ needs, and has experience beyond his call in civil fraud, general commercial disputes, and investigations.
Outside Chambers, Rob is a keen sportsman, including cycling and climbing.
Areas of expertise
- Commercial dispute resolution
Commercial dispute resolution
Rob’s principal focus is on commercial disputes. He has particular experience in civil fraud litigation and claims involving dishonesty. Recent work includes:
- Led by David Lewis KC in relation to the sale of a yacht for £18m engaging issues of agency, restoration to the Isle of Man register, without prejudice privilege, and contractual construction;
- Repleading High Court unfair prejudice petition following the Respondents’ insolvency, to bring additional claims in knowing receipt, dishonest assistance, and for breach of fiduciary duties, alongside Paul Strelitz;
- Pleading multi-party franchising claims for the torts of deceit and procuring breach of contract; fraudulent and negligent misrepresentation; and unlawful means conspiracy;
- Drafting particulars of claim for declaratory relief in a multi-party, multi-track commercial franchising dispute, and negotiating door-of-court settlement in a contractual termination claim for estate agent franchisors;
- Advising in respect of novel legal points in a multi-party franchising dispute, relating to Fair Trading Act 1973 and Trading Schemes Regulations 1997;
- Successfully appeared in multi-day trial in commercial invoices and unjust enrichment claim exceeding £100,000;
- Drafting particulars in a USD350,000+ contractual dispute between international parties in the aerospace industry;
- Drafting particulars in lender’s claim for damages, unjust enrichment, and Quistclose trusts in sums exceeding £120,000;
- Working alongside Nigel Jones KC and Laurence Page in the “SKAT” litigation concerning the Danish Revenue’s civil fraud claim for c.£2bn against numerous defendants, both in the HC and CA (for summary, see here);
- Successfully obtaining discontinuance in respect of a claim brought against a successor corporate entity and its directors, valued in excess of £110,000;
- Obtaining strike out of historic trustee claims against Plc bank, and in respect of loan guarantees against a commercial guarantors;
- Frequently advising on the merits of general commercial claims e.g., multi-track sale of goods claims involving the interpretation and implication of terms, loss of a chance and causation; and on the merits of agency claims concerning principles of “effective cause”, contractual formation and restitutionary liability;
- Led by David Lewis KC for a fund manager in pre-action phase of a multi-million-pound LCIA arbitration against private bank, involving issues of fraud alongside contractual claims;
- Assisting David Lewis KC in a multimillion-pound unfair prejudice trial (Re Cintep Development Limited [2020] EWHC 3210 (Ch)); and
- Drafting witness statements for civil fraud proceedings in the High Court, involving claims for an account of profits, recission and damages with Paul Strelitz.
- Insolvency & restructuring
Insolvency & restructuring
Rob’s insolvency practice complements his broader commercial focus. Before joining Gatehouse, Rob was involved in the defence of a long-running directors’ disqualification investigation, following a high-profile corporate insolvency. Recent work includes:
- Acting for a litigation funder to plead High Court claims for breach of fiduciary duty, unlawful dividends and void dispositions, against the director of an insolvent company;
- Providing urgent advice on limitation and cross-border strategy in issuing protective proceedings against an insurer subject to Gibraltarian-seated administration;
- Instructed by a non-ministerial Governmental department in relation to disqualification proceedings brought against trustee/directors of Kids Company (See [2021] EWHC 175 (Ch));
- Advice and drafting to successfully obtain undertakings against the presentation of a winding up petition, in respect of a £425,000+ statutorily demanded debt;
- Successfully appearing in multiple bankruptcy and winding up petitions, including in the context of £multi-million worldwide freezing orders against company directors and on appeal following dismissal;
- Advising on merits of restoration and winding up (“double-barrelled”) petitions, and in respect of multiple applications to rectify the Companies House register;
- Multiple successful appearances for liquidators and administrators in applications to fix and/or increase their remuneration up to six-figure sums, with ancillary orders;
- Appearing in contested bankruptcy hearings, including for trustees seeking to obtain sale and possession orders over multiple residential properties and in applications to set aside statutory demands asserted in the sum of in excess of £170,000;
- Instructed to appear at CMC in respect of multi-party directors’ disqualification proceedings;
- Drafting skeleton for senior member of chambers defending against non-party costs orders sought from the director of an insolvent company; and
- Drafting advice for senior member of chambers in a case of directors’ misfeasance, fraudulent and wrongful trading, and limitation.
- Construction & engineering
Construction & engineering
In line with Gatehouse’s strong construction practice, Rob is experienced in construction and engineering disputes and is a contributor to Paul Reed KC’s Construction Professional Indemnity Insurance. His recent work includes:
- Successfully appeared for claimant company in 3-day trial concerning the anticipatory repudiatory breach of a construction contract;
- Successfully resisted a CPR Pt.18 application in the High Court, in respect of a construction and professional negligence claim;
- Led by Michael Wheater in connection with applications to stay proceedings and seek extensions of time for service of a High Court construction claim;
- Led by James Hall preparing professional negligence claim against an employer’s agent in respect of £multi-million residential development;
- Successfully resisted an 8-part interim application made shortly before trial in multi-track construction dispute;
- Advising on liability for costs arising from extensions of time related to Covid-19, granted under a JCT Standard Building Contract for works totalling c.£3m;
- Advised, appeared at CCMC, and instructed to appear at trial concerning defective and/or incomplete extension works and contractual variation/formation points;
- Drafted defence and strike out application in claim brought against third-party Approved Inspector;
- Drafted urgent Responses and Rejoinders in adjudication valued in excess of £50,000; and advised on adjudication enforcement claims, resulting in successful summary judgment applications;
- Appearing at trial in respect of a sub-contractor’s negligent installation and repair of a heating system, involving issues of vicarious liability; pure economic loss; and causation of loss.
- Successfully obtained strike-out of debt claims raised against multiple commercial rail contractors, on bases of C’s abuse of process and CPR non-compliance;
- Advising on the effective termination of a JCT contract and threatened litigation arising therefrom, and successfully applying for and obtaining strike out in respect of the same;
- Successfully obtained permission for expert evidence at a contested application in contractual claim for incomplete construction works;
- Drafting Reply and Defence to Counterclaim in commercial construction dispute and appearing in subsequent case management and strike out hearings; and
- Producing advice for a member of chambers on liability caps under an architect’s professional indemnity policy.
- Professional liability
Professional liability
Rob’s practice covers all aspects of professional liability. He is a contributor to CMS Cameron McKenna’s Insurance Broking Practice and the Law and Paul Reed KC’s Construction Professional Indemnity Insurance. Prior to joining the bar, he was part of a team advising on an auditor’s negligence claim following a substantial fraud at a FTSE 250. His recent work includes:
- Led by James Hall in preparing professional negligence claim against an employer’s agent in respect of £multi-million residential development;
- Drafting defence; advising on limitation/merits; and appearing in interlocutory applications in complex three-party damages and contribution claim, following the prior settlement of third-party litigation, with a pleaded value in excess of £220,000;
- Advising on and drafting CPR Pt.11 jurisdiction applications concerning Pt.20 claims for insurance brokers’ failure to place coverage;
- Drafting defence of negligence claim against conveyancing solicitors in respect of build-over agreements entered following a property sale, involving limitation, scope of duty, breach and quantum;
- Representing claimants in multiple negligence trials against conveyancing solicitors, concerning the construction of retainers, the scope and standard of solicitors’ duties, and “loss of a chance” principles;
- Obtaining set aside of default judgment against a solicitors’ firm and defending two clients in trial against a claim for unpaid solicitors’ invoices, engaging issues of professional negligence;
- Advising on the prospects of a vicarious liability claim against a private hospital, before and after Barclays Bank Plc. v. Various Claimants;
- Appearing in multiple CCMCs in respect of professional negligence claims brought against conveyancing solicitors for advice given on ground rent clauses; and
- Advising for a senior member of chambers on the impact of unfair terms legislation on solicitors’ negligence claims, arising from ground rent clauses.
Qualifications
BA Jurisprudence (Law), University College, Oxford
BPTC, BPP University
Awards
BPP BPTC Merit Award
Professional associations
- Young Fraud Lawyers Association
- R3
Appointments
Member of the Government Legal Department’s “Junior Junior” panel.
Publications
- Contributor to CMS Cameron McKenna’sInsurance Broking Practice and the Law (Informa)
- Contributor to Paul Reed KC’s Construction Professional Indemnity Insurance (Sweet & Maxwell)
- ‘Fraud on the Court: When Post-Trial Evidence Vitiates Judgment’, Expert Witness Journal, 2023