Rob Hammond

Areas of expertise

• Commercial dispute resolution

  Commercial dispute resolution

  Rob’s principal focus is on commercial disputes. Building on previous experience, he takes particular interest in cases involving civil fraud and dishonesty. Recent work includes:

  • Working for Nigel Jones QC 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 of claim in a USD 350,000+ contractual dispute between international parties in the aerospace industry;
  • Successfully obtaining discontinuance in respect of a claim brought against a successor corporate entity and its directors, in claims valued in excess of £110,000;
  • Successfully obtaining strike-out of harassment claims resulting from commercial debt enforcement processes, and appearing on appeal in respect of the same;
  • Drafting particulars of claim for declaratory relief in a multi-party, multi-track commercial franchising dispute;
  • Advising on and drafting defence in multi-track proceedings seeking payment for partly provided demand generation services;
  • Led by David Lewis QC 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;
  • Drafted witness statements for civil fraud proceedings in the High Court, involving claims for an account of profits, rescission and damages with Paul Strelitz;
  • Instructed from pleadings to pre-trial settlement in commercial multi-track claim, concerning breach of a share purchase agreement, amongst other heads of claim;
  • Advising on the merits of multi-track sale of goods claim involving the interpretation and implication of terms, loss of a chance and causation; and on the merits of a contractual agency claim concerning principles of “effective cause”, contractual formation and restitutionary liability;
  • Successfully resisted an application to set aside default judgment in a commercial invoicing dispute;
  • Assisting David Lewis QC in a multimillion-pound unfair prejudice trial (Re Cintep Development Limited [2020] EWHC 3210 (Ch));
  • Drafting advice for a senior member of chambers in a multimillion-AED fraud claim, engaging choice of law and jurisdiction issues; and
  • Assisting in advising a litigation funder on a potential claim against a listed fund manager.
• 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:

  • Instructed by a non-ministerial Governmental department in relation to the disqualification of the trustee/directors of Kids Company (See [2021] EWHC 175 (Ch));
  • Multiple successful appearances for liquidators and administrators in applications to fix and/or increase their remuneration up to six-figure sums along with ancillary orders;
  • Successfully appearing in respect of multiple bankruptcy and winding up petitions including against the backdrop of multi-million pound worldwide freezing orders against relevant directors;
  • Appearing in contested bankruptcy hearings, including for trustees in proceedings seeking to obtain sale and possession orders in respect of multiple residential properties;
  • Instructed to appear at CMC in respect of multi-party directors’ disqualification proceedings;
  • Successfully obtaining the annulment of bankruptcy orders on debtor’s behalf;
  • Obtaining costs following a final charging order adjourned due to the Respondent’s personal bankruptcy;
  • Drafting skeleton for a member of chambers defending against non-party costs orders sought from the director of an insolvent company; and
  • Producing advice for a member of chambers in a case of directors’ misfeasance, fraudulent and wrongful trading, and limitation.
• Construction & engineering

  Construction & engineering

  In line with Gatehouse Chambers’ strong construction practice, Rob has a keen interest in construction and engineering disputes. His recent work includes:

  • Successfully resisted a Pt.18 application in the High Court for better particulars, 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;
  • 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 2016 for works totalling c.£3m;
  • Drafted urgent Responses and Rejoinders in adjudication valued in excess of £50,000;
  • 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 drafting correspondence successfully avoiding proceedings;
  • Drafting Reply and Defence to Counterclaim in commercial construction dispute and appearing in subsequent strike-out and case management hearings;
  • Instructed in set-aside of default judgment entered against construction professional in respect of a claim in negligence;
  • Drafting an adjudication notice for a JCT Minor Works dispute;
  • Producing advice for a member of chambers on a liability cap under an architect’s professional indemnity policy; and
  • Drafting advice for a member of chambers on the effect of early termination of a collateral contract to a JCT Minor Works agreement.
• Professional liability

  Professional liability

  Rob’s practice covers all aspects of professional liability. 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. He is a contributor to CMS Cameron McKenna’s Insurance Broking Practice and the Law and Paul Reed QC’s Construction Professional Indemnity Insurance. His recent work includes:

  • Drafting complex defence of negligence claim made against conveyancing solicitors in respect of build-over agreements entered into following a property sale, involving limitation, scope of duty, breach and quantum;
  • Representing claimants at multiple trials of negligence claims against conveyancing solicitors, raising issues 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;
  • Defending two clients in trial against a claim for unpaid solicitors’ invoices, engaging issues of negligence;
  • Drafting a reply in a professional negligence claim made against conveyancing solicitors;
  • Appearing in multiple CCMCs in respect of professional negligence claims brought against conveyancing solicitors in respect of advice given on ground rent clauses;
  • Advising on the prospects of a vicarious liability claim against a private hospital, before and after Barclays Bank Plc. v. Various Claimants;
  • Drafting a defence for a senior member of chambers in a financial advisor’s negligence case; and
  • Advising for a senior member of chambers on the impact of unfair terms legislation on solicitors’ negligence claims, arising from ground rent clauses.