Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Rob is a leading silk in commercial law. He advises and appears in a variety of disputes and across a wide range of industry sectors. He has particular expertise in cases involving allegations of fraud and is often called upon for his considerable experience as a trial advocate. He regularly appears in the High Court, as well as in various arbitral tribunals and the Court of Appeal.
Rob has a substantial offshore practice and has acted in various actions before the courts of the British Virgin Islands, the Cayman Islands and the Bahamas. He was called to the Bar of the Eastern Caribbean Supreme Court, BVI more than a decade ago. He regularly appears in the BVI Commercial Court and in the ECSC Court of Appeal.
Rob is also a Recorder of the Crown Court and sits on the Western Circuit.
The independent legal directories, Chambers & Partners and Legal 500, recommend Rob as a leading silk in the fields of commercial litigation, civil fraud, arbitration and offshore work. Recent comments include:
Previous comments include:
Rob is also ranked by Who’s Who Legal as a “Future Leader” in Commercial Litigation and as a "National Leader" in civil fraud.
Although Rob’s practice is commercial in focus, throughout his career he has acted in leading cases in a number of other specialist areas, including sport, media and entertainment, employment and public inquiries: He appeared as junior counsel for the Ritz Hotel and the Paul Family in the Inquests into the deaths of Diana, Princess of Wales and Dodi Al Fayed; acted for Sheffield United in the Carlos Tevez litigation; appears in arbitrations before the British Boxing Board of Control; and has acted in a number of disputes relating to fine art, involving collectors, dealers and auction houses.
Rob has an extensive commercial practice both in England and offshore. He has substantial advocacy and trial experience. He appeared in two of the most substantial Commercial Court fraud trials in the past three years: the PCP v. Barclays case (for the claimants, PCP) and Vale SA v. Steinmetz (leading for the second defendant).
He has significant expertise in civil fraud and asset recovery and the full range of injunctive relief associated with such cases. He is a specialist in the law of contempt, having appeared in one of the most significant and long-running cases in the area of recent years (Ocado Plc v. McKeeve).
He advises and acts across a range of industry sectors. He is often instructed in disputes with a significant technical element, in particular in the IT and pharmaceutical fields. He has also a niche interest in art litigation and has acted in various disputes relating to collectors, dealers and auction house over the years.
Rob is ranked as a leading silk in commercial litigation by Chambers & Partners, the Legal 500, Chambers Global and Who's Who Legal.
“He has an encyclopedic knowledge of the law and his advocacy is of a level you would associate with a very senior silk.”
Chambers and Partners, 2023
“Robert provides an all-round stellar service which is rightly recognised by solicitor and lay clients alike.”
Chambers and Partners, 2023
“Great forensic mind and approach. Ferocious but smart cross-examiner. Has a very independent mind, which allows him to tackle problems that might put others off. Very strong advocate – oral and written.”
Legal 500, 2023
“A powerful advocate”
Chambers and Partners, 2022
“He is a clear and persuasive advocate.”
Legal 500, 2022
“An excellent barrister with in-depth expertise on both procedural points and wider litigation strategy.”
Legal 500, 2022
“He is not afraid to muck in, has a great work ethic and is a pleasure to work with.”
Chambers and Partners, 2021
“A very fine draftsman who does not miss a trick.”
Chambers and Partners, 2021
“An absolute star, even amongst his peers he stands out for being incredibly bright and efficient.”
Legal 500, 2021
“Has a voracious appetite for the detail in a case, and a commitment level which stands out.”
Chambers and Partners, 2020
“His ability to assimilate large volumes of information, digest and advise in a short space of time is staggeringly brilliant.”
Legal 500, 2019
“He's clearly going to be a total star, as he has immense gravitas in court.”
Chambers and Partners, 2019
“Digs down deep into the detail of a case, is great with clients and is always very quick to respond when called upon.”
Chambers and Partners, 2019
“Masters complex issues so that he makes cross-examination of experts in esoteric fields look easy.”
Legal 500, 2018
“He has immense gravitas in court, and is clearly going to be a total star”
Chambers and Partners, 2017
“A brilliant thinker who has ten solutions to every problem”
Chambers and Partners, 2017
A significant Part 8 claim for Norwich Pharmacal relief. Charles Hollander KC (sitting as a Judge of the High Court) dismissed the claim, holding in summary (and amongst other things) that there was no permissible purpose for which the information was sought, given the decision in R. (Omar) v. Secretary of State for Foreign and Commonwealth Affairs [2014] QB 112 and the line of authority following it. Moreover, the Judge held that an order would not serve a useful (and legitimate) purpose in any event and the ‘Overall Justice Condition’ was not satisfied.
The Judge observed that the effect of Omar and the cases following it is that, where the purpose of the Norwich Pharmacal application is to obtain evidence for use in foreign civil proceedings, or in connection with criminal proceedings or a criminal investigation being carried on outside the United Kingdom, the court has no jurisdiction to make a Norwich Pharmacal order because the exclusive remedy is under the respective statutory scheme.
Rob acted for the successful Defendant.
In December 2019, Vale SA, one of the world’s largest mining companies and two associated companies, commenced a $1.8bn fraud claim against eight defendants, including Beny Steinmetz.
Vale alleged in summary that, back in April 2010, it was fraudulently induced by the defendants to enter into a joint venture for iron ore mining in Guinea with a company called BSG Resources Limited. An 11 week trial of the claim began in January 2022. After cross-examination of three of Vale’s witnesses, and in the fourth week of trial, Vale conceded that its claims were time barred and applied to discontinue the claim. Mr Justice Andrew Baker dismissed the claim, ordered Vale to pay indemnity costs to all the defendants and discharged the worldwide freezing order.
The proceedings also featured an important decision, made on the application of Rob's client, concerning the correct approach to the ordinary course of business exception in freezing orders.
Rob was leading counsel for the second defendant throughout the proceedings, leading Carmine Conte at the interlocutory stage and Shane Sibbel at trial.
A leading case in the law of contempt. An application was made by members of the Ocado group to commit a solicitor for contempt of court. The application concerned an instruction given by the respondent to delete a messaging app, following the service of a search order. Ocado's application for permission was refused by the High Court and overturned on appeal. The committal application was then heard in a 6 day trial in June and July 2022. The case has involved important decisions in relation to the test for permission to bring an application for committal, the right to cross-examine witnesses in committal proceedings, the elements of contempt for interference with the administration of justice and the applicable sanctions for such contempt. The case has attracted considerable coverage in the national and legal press over the previous three years.
Rob was sole counsel for the respondent at the permission stage (at first instance and in the Court of Appeal) and then led Gayatri Sarathy at trial.
Substantial fraud claim arising out of an alleged trust of assets of a Ukrainian businessman. The Claimants allege the creation of a sham trust and dissipation of assets. Rob acts for the first defendant fiduciary and trust services provider, answering claims of alleged breach of trust and dishonest assistance.
Litigation concerning a joint venture in relation to power generation assets in Russia. Involving four separate claims and upwards of 30 different parties. Rob acts for Emmerson International Corporation and other parties which are the claimants by way of Counterclaim, Ancillary Claim and Third Ancillary Claim. Rob has appeared in the Court of Appeal on various different appeals and applications in this matter, as well as the Privy Council, in addition to a very considerable number of interlocutory hearings. The principal amount at stake is approximately US$1 billion.
Substantial claim in conspiracy to defraud. The claimants seek damages of c.47 million Euros, arising out of investments made in an alternative investment fund.
Rob acts for the Second and Third Defendants, being a Luxembourg investment fund and its general partner, leading Warren Fitt. Trial has been listed for October 2024, with a time estimate of 7 weeks.
Claim for alleged conspiracy to defraud against Bonhams auction house, a member of the Louwman Group and various individuals. The claim for approximately £70 million was made in connection with the auction of an extremely valuable collection of vintage Ferraris.
Rob acted for one of the individual defendants, a former non-executive director of Bonhams. The claim against Rob's client was dismissed in its entirety following a 4-day summary judgment and strike out application. The Court of Appeal upheld the decision following a 3-day appeal. It is one of the leading cases on the issue of whether a settlement agreement has the effect of precluding or releasing claims arising from alleged fraud, conspiracy or other intentional wrongdoing.
Rob appeared as sole counsel at first instance and led Luka Krsljanin on the appeal.
Appeal in claim concerning the purchase and flooding of a luxury Mercedes-Benz AMG GTC Roadster convertible. The appellant contended that the trial judge had erred in fact, in holding that this particular car was not of satisfactory quality, and had erred in law, when applying section 9 of the Consumer Rights Act 2015. The Court of Appeal dismissed the appeal on both grounds.
Rob acted for the successful respondent on the appeal, leading Celia Rooney.
Important case concerning obligations between a peer-to-lender, borrower and guarantor. Rob acted for the claimant guarantor, claiming (amongst other relief) declarations as to non-liability in respect of various loans made for the purposes of a property development. The total amount of principal and interest was said to exceed £20 million. The claimant contended (amongst other things) that certain agreements were induced by fraudulent and/or negligent misrepresentation and that a contractual condition precedent had not been fulfilled. Settled immediately before trial.
Claim for deceit against Barclays Bank Plc, arising out of the Bank’s recapitalisation at the height of the financial crisis in 2008. Rob has acted for the claimant private equity firms since mid-2016. The hybrid trial in the Commercial Court took place in June, July and parts of August and October 2020. One of The Lawyer's Top 20 cases for 2020.
The Court held that the Bank made representations to PCP, those representations were false and they were made knowing them to be false and intending PCP to rely upon them. The Court also held that PCP had relied upon these misrepresentations and, if they had not been made, then PCP would have discovered the truth. The Court held that PCP would then have negotiated with Barclays for the same deal, pro rata as the Qatari interests and would have obtained additional value of £615 million for its investment.
However, the Court also held that PCP would not, in this counterfactual situation, have been able to raise sufficient non-recourse debt finance and it would have lost its interest in the transaction. Accordingly, the Court held that the Bank was not liable in damages to PCP. No order as to costs of the proceedings.
Application for cross-examination of judgment debtor pursuant to CPR Part 71. Rob acted for the judgment creditor in respect of judgment debt of c.. US$12 million. The proceedings involved important procedural decisions concerning the scope of disclosure obligations under Part 71 and the privacy of the examination hearing.
Claim in respect of loan agreement for principal sum of US$50 million, plus interest. Claimant’s application for summary judgment and strike out was refused and a conditional order made. Rob was sole counsel for the defendant.
Substantial application for the specific disclosure of documents withheld from inspection on ground of privilege, in the context of an unfair prejudice claim between shareholders in a football club. The disclosure application was refused by the Chancellor. The decision is one of the leading authorities in respect of PD 51U, the disclosure pilot for the Business and Property Courts. Rob was sole counsel for the claimant and respondent to the application.
Substantial and complex claim arising out of an alleged fraud involving warehouse receipts for nickel held in South East Asian warehouses. Rob acted for the defendant commodities broker, Marex, in the 4 week Commercial Court trial.
Sole counsel for the Trustee of the estate of Bernard Madoff and his investment company, BLMIS. Rob defended an application to set aside English Court orders giving effect to letters of request issued in support of the Trustee’s proceedings in the New York Bankruptcy Court. The respondents alleged that those orders were oppressive and had been obtained in breach of duties of full and frank disclosure. Both applications were dismissed.
Claim by the liquidator of a BVI company against four of the company’s former directors. Claim for misfeasance, breach of fiduciary duties, fraudulent trading, wrongful trading and insolvent trading. The claim concerned litigation previously pursued by the company. The liquidator succeeded on all his claims at trial in November 2018. Rob was leading counsel for the liquidator.
Part 8 trial concerning claim for relief in respect of a subject access request made under s7 of the DPA 1998. The claim was made against a firm providing private investigation services. It said that it was conducting an investigation into the applicants and contended (amongst other things) that its investigation was privileged and in any event exempt from disclosure under the statutory exemption relating to the investigation of crime. Each claim to an exemption was dismissed. A leading authority in the field of data protection. Rob was sole counsel for the successful applicants.
Claim arising out of joint venture for development of residential property in South East London, involving claims in breach of trust, dishonest assistance and inducing breach of contract. Rob acts for the claimant investors. Leading Gayatri Sarathy, Rob recently obtained a substantial proprietary freezing injunction against all the Defendants, following a contested one-day application.
Claim by the mobile network operator commercially known as ‘Three’ against another network operator, EE. The claim concerns the provision of facilities for carrying 3G traffic, known as ‘free carriers’. The claim arises out of the merger between ‘Orange’ and ‘T-Mobile’ which originally led to the creation of the ‘EE’ business. Rob was junior counsel for the Claimant.
Substantial Commercial Court dispute concerning the sale by Nokia Corporation of the ‘Vertu’ luxury mobile phones business. The Claimant claimed that warranties were breached in the share purchase agreement. The principal sum claimed exceeds £100m. The Defendants counterclaimed, alleging amongst other things a conspiracy to defraud. The original trial was adjourned upon the Defendants’ application to plead fraud, with the Defendants being ordered to pay the costs thrown away. Trial was re-listed with an estimate of 7 weeks. The Defendants’ appeal against that costs order was dismissed by the Court of Appeal in February 2017 and the proceedings subsequently settled. Rob was senior junior for the Claimant.
Claim arising out of the refinancing and IPO of the metals and mining business, ENRC Plc. Following a 3 week Commercial Court trial, judgment was given against 3 founders of the business in the sum of $18.4m. Interest was then awarded in an amount exceeding US$10m. The defendants then brought fresh Commercial Court proceedings, alleging that the judgment was procured by fraud and seeking to set it aside in its entirety. These proceedings were dismissed in their entirety following a four day summary judgment application in April 2015. Rob was junior counsel for the successful claimant.
Substantial claim concerning allegations of breaches of fiduciary duty on the part of the former directors of an insolvent lottery company, as well as alleged transactions at an undervalue and alleged preferences. Rob was sole counsel for one of the non-executive directors.
Claim for trademark infringement and ancillary injunctive relief arising out of parallel trading of computer products.
Litigation concerning loans made by Standard Bank to Mongolian corporation and alleged fraudulent dissipation of loan monies. Successful jurisdiction challenge in July 2014. Junior counsel for one of the defendant companies.
Claim against a bank and an IFA relating to a complicated investment scheme, involving alleged professional negligence, misrepresentations and breaches of various rules contained in the FSA Handbook. Junior counsel for the claimant investors. Claim settled on Day 10 of a 4 week trial.
Rob has acted in several of the most significant and high-profile fraud cases of recent years. These include the Madoff fraud (for the trustee of the estate of Bernard Madoff and BLMIS, as well as the liquidator of his English company); the AHAB -v- Maan Al-Sanea litigation in the Cayman Islands (for the principal defendant, Maan Al-Sanea); the Otkritie -v- Urumov claim (for the principal defendant, George Urumov as well as his wife, Yulia Balk); the PCP -v- Barclays action (for the claimants, PCP); and Vale S.A. -v- Steinmetz (leading for the second defendant).
Rob has extensive trial experience in fraud cases. He also has extensive experience in seeking (and resisting) interlocutory relief in such cases: from freezing and search orders, to asset disclosure orders, Norwich Pharmacal orders and debarring orders.
Rob also has considerable expertise in committal proceedings, having appeared for the respondent in one of the most significant such cases in recent years (Ocado Plc v. McKeeve).
He is ranked by Chambers & Partners, the Legal 500 and Who's Who Legal as a leading silk for civil fraud work.
“Robert Weekes KC receives widespread plaudits for his exemplary work on high-value fraud and asset recovery cases.”
Who's Who Legal, 2022
“Robert is a skilful cross-examiner.”
Chambers and Partners, 2023
“Robert is very meticulous and detailed in his advice.”
Chambers and Partners, 2023
“Rob has a tremendous combination of technical knowledge and keen insight into what is in his client’s best interests.”
Legal 500, 2023
“He is superb on all fronts.”
Chambers and Partners, 2022
“He is a talented and tenacious advocate who is adept on his feet, has exceptional attention to detail and is very smart and user-friendly.”
Chambers and Partners, 2022
“A superb advocate with great intellect and strategic awareness. Rob produces high-quality written work and has great empathy with clients.”
Legal 500, 2022
“A “tremendously good advocate” with a strong track record in asset recovery litigation, injunction proceedings and cross-border fraud cases.”
Who's Who Legal - UK Bar 2021 - Civil Fraud, 2021
“He is an impressive performer.”
Chambers and Partners, 2021
“A courageous advocate who can absorb a lot of information quickly.”
Chambers and Partners, 2021
“He is a hard worker with an exceptional intellect.”
Chambers and Partners, 2021
“An absolute pleasure to work with no matter how difficult the hearing or challenging the client.”
Legal 500, 2021
“He's excellent at tackling difficult details in technically complex cases.”
Chambers and Partners, 2020
“Incredibly user-friendly and responsive, with the mind of a seasoned silk.”
Chambers and Partners, 2020
“Clearly a future star silk and I look forward to working with him in the future.”
Legal 500, 2019
“Approachable and a pleasure to work with.”
Chambers and Partners, 2019
“Incredibly user-friendly and responsive, with the mind of a seasoned silk.”
Chambers and Partners, 2019
“Very knowledgeable particularly in relation to coordinating cross-border dispute initiatives.”
Legal 500, 2018
“The leading junior for major offshore fraud work by a country mile.”
Legal 500, 2017
A significant Part 8 claim for Norwich Pharmacal relief. Charles Hollander KC (sitting as a Judge of the High Court) dismissed the claim, holding in summary (and amongst other things) that there was no permissible purpose for which the information was sought, given the decision in R. (Omar) v. Secretary of State for Foreign and Commonwealth Affairs [2014] QB 112 and the line of authority following it. Moreover, the Judge held that an order would not serve a useful (and legitimate) purpose in any event and the ‘Overall Justice Condition’ was not satisfied.
The Judge observed that the effect of Omar and the cases following it is that, where the purpose of the Norwich Pharmacal application is to obtain evidence for use in foreign civil proceedings, or in connection with criminal proceedings or a criminal investigation being carried on outside the United Kingdom, the court has no jurisdiction to make a Norwich Pharmacal order because the exclusive remedy is under the respective statutory scheme.
Rob acted for the successful Defendant.
In December 2019, Vale SA, one of the world’s largest mining companies and two associated companies, commenced a $1.8bn fraud claim against eight defendants, including Beny Steinmetz.
Vale alleged in summary that, back in April 2010, it was fraudulently induced by the defendants to enter into a joint venture for iron ore mining in Guinea with a company called BSG Resources Limited. An 11 week trial of the claim began in January 2022. After cross-examination of three of Vale’s witnesses, and in the fourth week of trial, Vale conceded that its claims were time barred and applied to discontinue the claim. Mr Justice Andrew Baker dismissed the claim, ordered Vale to pay indemnity costs to all the defendants and discharged the worldwide freezing order.
The proceedings also featured an important decision, made on the application of Rob's client, concerning the correct approach to the ordinary course of business exception in freezing orders.
Rob was leading counsel for the second defendant throughout the proceedings, leading Carmine Conte at the interlocutory stage and Shane Sibbel at trial.
Claim for deceit against Barclays Bank Plc, arising out of the Bank’s recapitalisation at the height of the financial crisis in 2008. Rob acted for the claimant private equity firms since mid-2016. The hybrid trial in the Commercial Court took place in June, July and parts of August and October 2020. One of The Lawyer's Top 20 cases for 2020.
The Court held that the Bank made representations to PCP, those representations were false and they were made knowing them to be false and intending PCP to rely upon them. The Court also held that PCP had relied upon these misrepresentations and, if they had not been made, then PCP would have discovered the truth. The Court held that PCP would then have negotiated with Barclays for the same deal, pro rata as the Qatari interests and would have obtained additional value of £615 million for its investment.
However, the Court also held that PCP would not, in this counterfactual situation, have been able to raise sufficient non-recourse debt finance and it would have lost its interest in the transaction. Accordingly, the Court held that the Bank was not liable in damages to PCP. No order was made as to costs of the proceedings.
Litigation concerning a joint venture in relation to power generation assets in Russia. Involving four separate claims and upwards of 30 different parties. Rob acts for Emmerson International Corporation and other parties which are the claimants by way of Counterclaim, Ancillary Claim and Third Ancillary Claim. Rob has appeared in the Court of Appeal on various different appeals and applications in this matter, as well as the Privy Council, in addition to a very considerable number of interlocutory hearings. The principal amount at stake is approximately US$1 billion.
One of the largest claims ever brought in the English Commercial Court. The claimant is a public institution authorised to operate the State of Kuwait's social-security system and pension scheme. It brings a claim in in respect of payments by various financial institutions and intermediaries that are alleged to be unauthorised secret commissions. The payments are said to have been paid over a period of approximately 20 years, in a total amount exceeding US$840 million. The case was featured as one of The Lawyer’s Top 20 Cases of 2019. A trial has been listed for March 2025 and has a time estimate of 26 to 30 weeks.
Rob acts for one of the individual defendants, leading Gayatri Sarathy.
Claim for alleged conspiracy to defraud against Bonhams auction house, a member of the Louwman Group and various individuals. The claim for approximately £70 million was made in connection with the auction of an extremely valuable collection of vintage Ferraris.
Rob acted for one of the individual defendants, a former non-executive director of Bonhams. The claim against Rob's client was dismissed in its entirety following a 4-day summary judgment and strike out application. The Court of Appeal upheld the decision following a 3-day appeal. It is one of the leading cases on the issue of whether a settlement agreement has the effect of precluding or releasing claims arising from alleged fraud, conspiracy or other intentional wrongdoing.
Rob appeared as sole counsel at first instance and led Luka Krsljanin on the appeal.
Important case concerning obligations between a peer-to-lender, borrower and guarantor. Rob acted for the claimant guarantor, claiming (amongst other relief) declarations as to non-liability in respect of various loans made for the purposes of a property development. The total amount of principal and interest was said to exceed £20 million. The claimant contended (amongst other things) that certain agreements were induced by fraudulent and/or negligent misrepresentation and that a contractual condition precedent had not been fulfilled. Settled immediately before trial.
A leading case in the law of contempt. An application was made by members of the Ocado group to commit a solicitor for contempt of court. The application concerned an instruction given by the respondent to delete a messaging app, following the service of a search order. Ocado's application for permission was refused by the High Court and overturned on appeal. The committal application was then heard in a 6 day trial in June and July 2022. The case has involved important decisions in relation to the test for permission to bring an application for committal, the right to cross-examine witnesses in committal proceedings, the elements of contempt for interference with the administration of justice and the applicable sanctions for such contempt. The case has attracted considerable coverage in the national and legal press over the previous three years.
Rob was sole counsel for the respondent at the permission stage (at first instance and in the Court of Appeal) and then led Gayatri Sarathy at trial.
Substantial claim in conspiracy to defraud. The claimants seek damages of c.47 million Euros, arising out of investments made in an alternative investment fund.
Rob acts for the Second and Third Defendants, being a Luxembourg investment fund and its general partner, leading Warren Fitt. Trial has been listed for October 2024, with a time estimate of 7 weeks.
Substantial and complex claim arising out of an alleged fraud involving warehouse receipts for nickel held in South East Asian warehouses. Rob acted for the defendant commodities broker, Marex, in the 4 week Commercial Court trial.
Sole counsel for the Trustee of the estate of Bernard Madoff and his investment company, BLMIS. Rob defended an application to set aside English Court orders giving effect to letters of request issued in support of the Trustee’s proceedings in the New York Bankruptcy Court. The respondents alleged that those orders were oppressive and had been obtained in breach of duties of full and frank disclosure. Both applications were dismissed.
Claim by the liquidator of a BVI company against four of the company’s former directors. Claim for misfeasance, breach of fiduciary duties, fraudulent trading, wrongful trading and insolvent trading. The claim concerned litigation previously pursued by the company. The liquidator succeeded on all his claims at trial in November 2018. Rob was leading counsel for the liquidator.
Substantial Commercial Court dispute concerning the sale by Nokia Corporation of the ‘Vertu’ luxury mobile phones business. The Claimant claimed that warranties were breached in the share purchase agreement. The principal sum claimed exceeds £100m. The Defendants counterclaimed, alleging amongst other things a conspiracy to defraud. The original trial was adjourned upon the Defendants’ application to plead fraud, with the Defendants being ordered to pay the costs thrown away. Trial was re-listed with an estimate of 7 weeks. The Defendants’ appeal against that costs order was dismissed by the Court of Appeal in February 2017 and the proceedings subsequently settled. Rob was senior junior for the Claimant.
Claim arising out of joint venture for development of residential property in South East London, involving claims in breach of trust, dishonest assistance and inducing breach of contract. Rob acts for the claimant investors. Leading Gayatri Sarathy, Rob recently obtained a substantial proprietary freezing injunction against all the Defendants, following a contested one-day application.
Claim for conspiracy to defraud arising out of contracts for the supply of computer servers. The sum claimed was approximately US$17.5m. The Claimants obtained a freezing injunction and search order at the outset of proceedings. Following a three day committal application, the First Defendant, Mr. Sage, was held to have made multiple breaches of those orders and was committed to prison for 18 months for contempt of court. The sentence was reduced on appeal to 12 months. Rob was junior counsel for the Claimants.
Claim concerning alleged misuse of confidential information and alleged conspiracy in insurance brokerage industry. Substantial interlocutory dispute concerning an interim imaging and deletion order. Rob was sole counsel for the 7 defendants.
Claim for fraud made against a finance director and his wife, seeking personal and proprietary relief. Rob was sole counsel for the Defendants. Trial was adjourned in circumstances where the Defendants successfully obtained an electronic imaging and search order against the Claimant.
Commercial Court fraud action. The Claimants alleged that a judgment had been procured by fraud and seeking to set it aside. These proceedings were dismissed in their entirety following a four day summary judgment application in April 2015. Rob was junior counsel for the successful claimant.
Defending solicitors’ firm against allegations of conspiracy to defraud, breaches of purported Quistclose trust and allegations of breaches of Solicitors Accounts Rules. The claimant’s summary judgment was dismissed with indemnity costs. The entire claim was then dismissed following a 9 day trial. Junior counsel for the defendant firm.
Litigation arising out of the notorious Ponzi scheme operated by Bernard Madoff. The claim concerned the alleged liability of the directors of the English company owned by Bernard Madoff and recipients of payments from that company. Senior junior for the claimant company.
Rob made the successful application for the freezing injunction. Some of his submissions in that regard were subsequently expressly approved by the Court of Appeal in VTB Capital Plc v Nutritek International Corp [2012] EWCA Civ 808; [2012] 2 Lloyd's Rep. 313 at [177] per Lloyd LJ (judgment of the Court of Appeal).
For many years, Rob has acted for and advised the US Trustee of the liquidation of Bernard Madoff’s New York corporation (BLMIS) and his personal estate. He has been involved in various proceedings in England as well as in Gibraltar and the BVI.
Claim for alleged conspiracy to defraud, breach of fiduciary duty, knowing receipt and dishonest assistance in the banking industrty. The sum claimed was c.$180m. Rob was senior junior for the principal defendants until shortly before trial. Rob appeared as sole counsel in respect of the various interlocutory freezing relief applications.
Rob was a member of the counsel team acting for the defendant, Maan Al-Sanea, a major Saudi businessman, resisting a $9bn claim alleging fraudulent misappropriation of assets from a Saudi partnership, as well as defending a substantial contempt application. A case of major interest in the Middle East.
Rob is an experienced advocate in arbitration, having acted over the years in arbitrations under the LCIA rules, ICC, LME and SIAC rules, as well as various ad hoc arbitrations. His experience includes appearing in what was said to be India’s largest ever domestic arbitration (with its seat in Mumbai) and the substantive hearing lasting for more than 70 days, and also appearing in one of the highest profile and most important LCIA arbitration of recent years, if not the decade, in which the Government was ordered to pay £224m to Raytheon, a fact which was reported on the front pages of many national newspapers. He is ranked by both Chambers & Partners and Legal 500 as a leading silk in international arbitration.
“Outstandingly bright. Articulates complex concepts with ease. A future super silk.”
Legal 500, 2023
“He is a very forensic, persistent, completely detail-oriented director.”
Chambers and Partners, 2022
“He is superb on all fronts.”
Chambers and Partners, 2022
“Fantastic attention to detail and is sensibly aggressive based on a very deep understanding of the law – a great choice for difficult cases where arbitration intersects with court based applications”
Legal 500, 2022
“Extremely intelligent, incredibly knowledgeable and a persuasive advocate.”
Chambers and Partners, 2021
“He is completely user-friendly and absolutely committed to getting the job done.”
Legal 500, 2021
“He is good at cross-examination and has the ability to assimilate complicated facts and understand them quickly.”
Chambers and Partners, 2020
“A formidable name to have on your side – meticulous and unafraid as an advocate.”
Legal 500, 2019
Very substantial international banking arbitration.
Substantial commercial arbitration in the pharmaceuticals sector, which went to an evidentiary hearing in July 2022. Rob is sole counsel for the defendant.
Substantial arbitration claim against an international bank, concerning scope of a performance guarantee. Rob was sole counsel for the claimant.
Substantial LCIA arbitration in the banking sector concerning English and foreign law. Rob was junior counsel for the Claimant.
Sole counsel for the respondent companies defending claim for alleged breaches of warranty in a share purchase agreement. Value of claim was c.$25m.
Claims alleged guarantees for loan facilities. Principal sum claimed is approximately $70m and substantial evidentiary hearings took place over a period of 6 months in 2015 and 2016 and further hearings in 2017. Senior junior counsel for the Defendant.
Rob appeared as junior counsel for the major US defence contractor, Raytheon, in a substantial LCIA arbitration in which the Government was ordered to pay £224m to Raytheon, a fact which was reported on the front pages of many national newspapers.
Raytheon's contract with the UK Government was terminated shortly after the Coalition Government came to power (being the first such contract terminated by the Government as part of its Spending Review). The contract was for the design, development and implementation of the £1bn e-Borders IT system, being a highly complex system to be operated by the UK Border Agency. Various contractual milestones were missed as a result of which the contract was terminated, and the central issue in the arbitration was which contracting party was responsible for the missing of the milestones. Raytheon sought damages in excess of £500m, and Home Office advanced a cross-claim for a slightly lower sum. The case involved the detailed examination of a government IT programme of national strategic importance.
The Tribunal ruled that the Home Secretary had unlawfully terminated the contract and awarded Raytheon £224 million, dismissing all of the Home Office’s claims against Raytheon.
The Home Secretary successfully challenged the award in proceedings in the Technology & Construction Court. The Court granted permission to appeal to the Court of Appeal. The case settled in March 2015 with the Government paying £150m to Raytheon, a fact also reported in the national press.
Claim on behalf of Mongolian corporation for declaratory relief under s72 of the Arbitration Act 1996, arising out of LCIA arbitration. Junior counsel for the claimant.
Claim for over US$500m under a material damage and business interruption insurance policy. It arose out of cyclone damage to an oil refinery construction project.
The seat was Mumbai and the substantive hearing lasted over 70 days. It involved a considerable volume of technical evidence, both factual and expert, in the fields of engineering, programme management and accounting.
It was said, at the time, to be the largest domestic arbitration ever to have taken place in India. Junior counsel for the claimant.
Dispute concerning the project management of a massive infrastructure project in the energy sector. Counsel for the Respondent.
For several years, a significant part of Rob’s practice has been offshore. Having been called in the BVI for more than a decade, he appears regularly in the Commercial Court and in the ECSC Court of Appeal and is instructed in several substantial sets of proceedings. They include the Emmerson litigation which is arguably the most substantial and complex case ever to have been brought in the jurisdiction and in which he has acted for the past seven years, at first instance and on appeal to the ECSC Court of Appeal and Privy Council. Rob has also previously acted in very substantial proceedings in Cayman and in Nassau. He is ranked by both Chambers & Partners and Legal 500 as a leading silk for offshore work.
“He is very good and very technically able. He is a lawyer's lawyer and has a good courtroom manner.”
Chambers and Partners, 2023
“Robert Weekes has intimate knowledge of the case and the clients feel very comfortable when he is involved and when he is doing the advocacy.”
Chambers and Partners, 2023
“A new silk and very well deserved because he is clever, calm, and works very well as part of a team.”
Chambers and Partners, 2023
“He is incredibly bright, a pleasure to work with, and phenomenally effective.”
Legal 500, 2021
“He is is an absolute star.”
Legal 500, 2021
“We cannot recommend him highly enough.”
Legal 500, 2021
“Adept at dealing with demanding clients.”
Legal 500, 2019
Substantial fraud claim arising out of an alleged trust of assets of a Ukrainian businessman. The Claimants allege the creation of a sham trust and dissipation of assets. Rob acts for the first defendant fiduciary and trust services provider, answering claims of alleged breach of trust and dishonest assistance.
Litigation concerning a joint venture in relation to power generation assets in Russia. Involving four separate claims and upwards of 30 different parties. Rob acts for Emmerson International Corporation and other parties which are the claimants by way of Counterclaim, Ancillary Claim and Third Ancillary Claim. Rob has appeared in the Court of Appeal on various different appeals and applications in this matter, as well as the Privy Council, in addition to a very considerable number of interlocutory hearings. The principal amount at stake is approximately US$1 billion.
Claim by the liquidator of a BVI company against four of the company’s former directors. Claim for misfeasance, breach of fiduciary duties, fraudulent trading, wrongful trading and insolvent trading. The claim concerned litigation previously pursued by the company. The liquidator succeeded on all his claims at trial in November 2018. Rob was leading counsel for the liquidator.
Substantial international commercial dispute, acting for a defendant and ancillary defendant.
For many years, Rob has acted for and advised the US Trustee of the liquidation of Bernard Madoff’s New York corporation (BLMIS) and his personal estate. He has been involved in various proceedings in England as well as in Gibraltar and the BVI.
Rob has advised and acted in commercial and regulatory disputes arising out of a number of different sports, including football, Formula 1, boxing and MMA.
Independent Disciplinary Commission proceedings in respect of a charge of misconduct against Mr Yongge Dai, the ultimate beneficial owner of Reading Football Club.
By a previous decision of such a Commission, Mr Dai was required to deposit money in an account in the Club’s name. This order was made in respect of charges concerning the non-payment of players’ wages in the 2022/2023 season. It was intended to provide a form of security against non-payment of the Club’s players in the future.
However, Mr Dai failed to comply with that order. An independent Disciplinary Commission was required to determine the appropriate sanction for that breach. The Commission ordered (in summary) that Mr Dai be fined £20,000; a further suspended fine of £50,000 be imposed, which will be activated on 12 January 2024, unless the deposit is made in full; and he shall maintain the deposit account for an additional period of time – correlated to his delay in putting the account in funds.
Rob acted for the EFL.
The independent Disciplinary Commission’s Written Reasons can be viewed here and the written statement of the EFL here.
Rob acted for the EFL (leading Ava Mayer) in an arbitral appeal brought by Blackburn Rovers Football Club. The Club appealed against the EFL’s refusal to register the proposed loan transfer of a Nottingham Forest Football Club player, Lewis O’Brien. Finding for the EFL, the arbitral panel concluded that the EFL had been entitled to refuse that transfer on the basis that the application was late.
The official statement made by the EFL and the arbitral panel's decision is available here.
Rob has acted in substantial arbitrations before the British Boxing Board of Control and appeals to the Stewards of Appeal. The details of those proceedings remain subject to confidentiality.
Substantial claim for commission arising out of a title sponsorship deal in the Formula 1 industry. Rob was junior counsel for the Claimant.
MA (Cantab), First Class; LLM (NYU) (Fulbright scholar); Astbury scholar (Middle Temple)
Rob has conducted exhibition debates and public speaking and advocacy seminars around the world. In 2002, he was one half of the team that won the World Debating Championship on behalf of NYU Law.
Rob is an advocacy trainer for the Honourable Society of the Middle Temple.
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