Rob Hammond

Areas of expertise

• Commercial dispute resolution

  Commercial dispute resolution

  Rob’s principal focus is on commercial disputes. He has particular experience of civil fraud litigation and claims involving dishonesty. Recent work includes:

  • Led by David Lewis KC in advising major UK franchisee of high-street fast-food chain on Braganza discretions, good faith and estoppel, in respect of claims running to £tens of millions;
  • Successfully defended multi-day commercial claim, as sole counsel from pleadings to trial, involving issues of interpretation, implied terms of good faith and Braganza discretions;
  • Led by David Lewis KC in relation to the £18m sale of a yacht, engaging issues of foreign law, agency, the interaction of sanctions and the Defendant’s restoration to the Isle of Man register, and privilege;
  • Instructed in relation to ~$4.5bn Pt.20 claim arising from the Brazilian Fundão Dam’s collapse, brought by 620,000 claimants in the English High Court;
  • Advising and re-pleading 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 six-figure multi-party franchising claims in 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, six-figure commercial franchising dispute, and negotiating door-of-court settlement in a contractual termination claim for estate agent franchisors;
  • 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);
  • 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 for six-figure sums;
  • Successfully appeared in multi-day trial in commercial invoices and unjust enrichment claim for six-figure sums;
  • Advising in respect of novel legal points in a multi-party franchising dispute, relating to Fair Trading Act 1973 and Trading Schemes Regulations 1997;
  • 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
  • Instructed in relation to 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 in 2020, Rob was involved in the defence of a long-running directors’ disqualification investigation, following a high-profile corporate insolvency. Recent work includes:

  • Led by Phillip Patterson in advising liquidators on decision to accept a £1m+ proof of debt, arising from an losses initially covered by an allegedly voidable policy;
  • Successfully advised and appeared at contested application hearing of s.17 Company Directors Disqualification Act 1986 application for leave;
  • Acting for litigation funders on multiple occasions, pleading High Court claims for breach of fiduciary duty, unlawful dividends, debt and void dispositions, against directors of insolvent companies. Also instructed to appear in enforcement hearings following judgments in the same;
  • Advised – following several respondents’ insolvency, mid-proceedings – on the Insolvency Act alternatives to continuation of High Court unfair prejudice petition;
  • Provided 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));
  • Successfully obtained undertakings against the presentation of a winding up petition, in respect of claims valued at c.£500,000;
  • 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; and
  • Instructed to appear at CMC in respect of multi-party directors’ disqualification proceedings.
• Construction & engineering

  Construction & engineering

  In line with Gatehouse’s strong construction practice, Rob is experienced in construction and engineering disputes and contributes to Paul Reed KC’s Construction Professional Indemnity Insurance and Construction All Risks. He is regularly instructed in adjudications, and is open to instruction via the Fixed Fee Adjudication Scheme. His recent work includes:

  • Led by David Pliener KC in defence of architects in £10m+ defective cladding claim, including multiple contribution claims;
  • Led by David Pliener KC in advising a UK Plc on the procedural and substantive effect of building liability orders, pursuant to the Building Safety Act 2022;
  • Successfully appeared for claimant company in 3-day trial concerning the anticipatory repudiation of a construction contract;
  • Drafted advice and urgent Responses and Rejoinders in multiple adjudications, including successful challenges to jurisdiction, and advised on adjudication enforcement claims, resulting in successful summary judgment applications;
  • Led by Michael Wheater KC in connection with applications to stay proceedings and seek extensions of time for service of a High Court construction claim;
  • Successfully resisted a CPR Pt.18 application in the High Court, in respect of a construction and professional negligence 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;
  • Acted from defence to successful strike out application in claim against third-party Approved Inspector;
  • Advised 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;
  • 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; and
  • Drafting Reply and Defence to Counterclaim in commercial construction dispute and appearing in subsequent case management and strike out hearings.
• Professional liability

  Professional liability

  Rob’s practice covers various 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 company. His recent work includes:

  • Instructed in relation to ~$4.5bn Pt.20 claim arising from the Brazilian Fundão Dam’s collapse, brought by 620,000 claimants in the English High Court;
  • 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 solicitors in respect of negligent failure to identify fraud in claims exceeding £300,000; and
  • Advising for a senior member of chambers on the impact of unfair terms legislation on solicitors’ negligence claims, arising from ground rent clauses.