Robert Harvey

Robert is instructed on high-value, civil and white collar-crime matters, including freezing orders, conspiracy, misrepresentation, asset recovery, and defending civil and criminal claims involving HNWIs, corporates, and foreign states.

• Acted for a HNWI in an arbitration and related court proceedings arising from breach of contract claims in a complex dispute arising from a PE investment in a large, family-owned conglomerate, including defending contempt of court claims.
• Advising clients on obtaining freezing orders and/or search and seizure orders and clients who have been served with such orders.
• Advised a US-based HNWI on claims against a Russian multi-national company arising from the bulk transportation of products.
• Spent over three years running a large team of barristers, solicitors, and paralegals to bring a complex range of claims on behalf of Boris Berezovsky in cases which involved obtaining without and on notice freezing, search and other relief in relation to billions of dollars of assets located worldwide. The claims were rated in The Lawyer as among the Top 10 cases of 2010 and the Top 20 cases of 2011.
• Coordinated the successful worldwide defence of criminal charges and civil claims for a HNWI accused of fraud, abuse of political office, and ‘organising a criminal organisation’ by a foreign government.
• Defended a senior executive against claims by her former employer for conspiracy to injure by unlawful means, breach of contract, and breach of fiduciary duty arising from a move by the senior executive ‘in-house’ to the main client of the former employer.
• Acted for a major European car rental business in its counterclaims for fraudulent misrepresentation, repudiation, and breach of contract against a major IT consultancy over the failed implementation of ERP software and defended claims from the consultancy for its unpaid fees and lost profits. The matter settled following the second week of a 9-week trial. An interim decision in the case on the ability to withhold disclosure on the basis of “common interest” privilege was reported. Atos Consulting Ltd -v- Avis Europe Plc [2007] EWHC 323 (TCC); [2007] All ER (D) 07 (May).
• Defended an individual director of a business in a claim for approximately £130m for fraudulent misrepresentation. The claim was listed as one of the “top ten” trials of 2006 before settling shortly before the trial was due to begin. The case is a significant decision setting out the circumstances in which a Judge should recuse himself from hearing a case where there is the potential for bias. AWG Group Ltd and another v Morrison and another (CA) [2006] EWCA Civ 6; [2006] All ER (D) 139.
• Defended the former chairman and managing director of a large Middle Eastern shipping company in a claim for US$70m for conspiracy to injure that company by unlawful means. Brought into matter which had been running for nearly 4 years less than 3 months before the 70-day trial. Subsequently responsible for day-to-day running of case, including a 10-day appeal before the Court of Appeal (including a successful application to adduce new evidence) and petitioning the House of Lords. The case is one of the leading decisions on the tort of conspiracy to injure by unlawful means. Kuwait Oil Tanker Company SAK and another v Al Bader and others [2000] All ER (D) 692; (2000) Times, 30 May; [2000] 2 All ER (Comm) 271.
• Advised a FTSE 100 company on the termination of employees in a foreign office, the recovery of misappropriated assets and the enforcement of the compromise agreement.
• Acted for a foreign state seeking to recover assets in England and elsewhere misappropriated by a former official and in the face of competing claims by the federal government of that state.
• Acted for a major national sporting body in investigating causes of action against its former agent (a multi-national agency) and its employees in respect of secret profits and diversion of revenue.
• Acted for the Asia-Pacific distributor of an additive for household products in a contractual dispute with the US-based trademark owner, leading to termination of the contract, claims for repudiation, enforcement of post-termination provisions and claims and cross-claims for damages.

Robert acts for HNWIs, financial institutions, and companies on complex financial disputes involving fraud, regulatory investigations, capital markets claims, and fund recoveries.

• Acts for a number of payment services providers and processors in breach of contract claims, including repudiatory breach/unjustified termination.
• Advised a variety of clients on claims to recover funds paid away as a consequence of email frauds.
• Advising businesses in relation to accounts which have been “frozen” by their banks without explanation.
• In-house advisor to the private business controlled by an ultra-high-net-worth individual in relation to multiple claims arising from the 2008 financial crisis and misfeasance in an investigation by the Serious Fraud Office.
• Advised an employer on potential claims arising from a major discontinued SFO investigation, including matters arising from defaults under syndicated loans of in excess of £2 billion.
• Advised four UK building societies on claims against Kaupthing, Landesbanki and Glitnir for c.£20m arising from capital markets instruments, following the collapse of the Icelandic banks. The advice involved developing a detailed understanding to advise and develop the claims given the operation and legal structure of the CREST trading system.
• Advised two HNWIs to recover over US$35m invested in “with growth” funds with a collapsed mutual in less than 3 months, and including interest and a contribution to costs in a case where the majority of creditors recovered pennies in the pounds many years later.
• Advised a UK building society on defending a claim from a US bank under a certificate of deposit for £10m.
• Advised a UK financial institution on issues arising contractually and with the FSA (now FCA) on its relationship with a SIPP provider.
• Advised a ‘Big 4’ accountancy practice in relation to enforcement action by the FSA (now FCA) against the former directors of a FTSE 100 IT company.

Robert advises on complex disputes involving unfair prejudice, fiduciary duties, misrepresentation, and breach of warranty, often arising from corporate acquisitions, shareholder conflicts, and cross-border enforcement actions.

• Acted for a technology company in the transport industry in a long-running dispute between the majority shareholder and the controlling, minority shareholders under the terms of a shareholder’s agreement, ultimately resolved through an agreed sale of the company.
• Acted for a company and its controlling shareholders in a claim for unfair prejudice by the remaining shareholder.
• Acted for a company and its majority shareholder in a claim for breach of fiduciary duty against the former controlling director of the company.
• Acted for a major US conglomerate in a multimillion-pound claim for fraudulent and negligent misrepresentation arising out of the acquisition of a European group of automotive companies against the former directors and shareholder of the target company.
• Advised the liquidator of a national distribution company on claims for preference and transactions at an under value against the former director of the company, resulting in the recovery of several hundred thousand pounds for the creditors.
• Acted for the US subsidiary of a major European pharmaceutical company in claims and counterclaims for breach of contract and breach of warranty arising out the acquisition of a UK biotechnology company. Highly complex issues regarding the meaning of scientific warranties requiring an understanding of genetic modification of organisms, human allergic reactions, and highly specialised and technical scientific reports. The case is one of the leading decisions on the exclusion of the common law right of set-off: BOC Group plc v Centeon LLC and another [1999] All ER (D) 444.
• Acted for the trustees of an offshore family trust in its claims to enforce a put option (including issues as to correct valuation) over a minority shareholding in privately held cable television companies resulting in the recovery of over £20m for the client.
• Defended a multinational construction and oil company in enforcement actions arising from a claim by a minority shareholder who obtained judgment, including continuing disputes as to the jurisdiction of the English courts.

Robert is a commercial litigator who specialises in acting for high-net-worth individuals on large-scale commercial disputes and white-collar criminal investigations.

• Acted for an individual in successfully recovering a substantial sum from a bank arising from the mis-selling of a loan secured by a mortgage over a business.
• Advised a HNWI on the interpretation and application of a shareholders’ agreement governing a PE investment into a large accommodation business.
• Advised a HNW Russian national on a shareholder’s dispute over control of a Swiss group of companies.
• Acted for a family trust in a claim against a former trustee for breach of trust.
• In-house advisor to the private business controlled by an ultra-high-net-worth individual in relation to multiple claims arising from the 2008 financial crisis and misfeasance in an investigation by the Serious Fraud Office.
• Advised two HNWIs to recover over US$35m invested in “with growth” funds with a collapsed mutual in less than 3 months, and including interest and a contribution to costs in a case where the majority of creditors recovered pennies in the pounds many years later.
• Advised a US-based HNWI on claims against a high profile Russian multi-national company arising from the bulk transportation of products.