Robert Gardner

Partner

Rob is head of Bedell Cristin's litigation team. He is a very experienced commercial litigator and insolvency specialist.

On the insolvency side he works closely with insolvency practitioners in Jersey and elsewhere. He regularly advises companies, directors, shareholders, creditors and insolvency office holders on all aspects of contentious and non-contentious insolvency and restructuring work, particularly where there is a cross border element. Current or recent insolvency work includes acting for liquidators in the court winding up of a Jersey corporate group owning valuable real estate in Jersey; acting on a novel and contested letter of request application; acting for the company and thereafter the liquidators of a significant listed Jersey technology company; acting on a novel application to restore a company to the register and convert its status from summary winding up into creditors' winding up.

He is also involved in a broad range of commercial litigation, particularly disputes involving trusts and is regularly involved in assisting with applications by trustees and beneficiaries including in relation to rectification, mistake and the rule in Hastings-Bass.

Rob joined the firm in 2006 from a leading Caribbean firm, where he was involved in a wide range of commercial litigation, corporate recovery and restructuring projects in both the Cayman Islands and British Virgin Islands.

Professional
  • Solicitor* - England & Wales
  • Advocate - Jersey
  • Attorney at Law* - Cayman Islands
  • Solicitor* - Eastern Caribbean Supreme Court (British Virgin Islands)

*non-practising

Credentials
  • 'Honours List' in the 'Leading Lawyers' category - 2015 Citywealth Leaders List
  • 'Rising Star' in restructuring and insolvency - IFLR1000 2016
  • Incisive.
    Legal 500 2015
  • Insolvency expert with wide experience in both Jersey and the Cayman Islands.
    Legal 500 2015
  • Extremely quick at absorbing complex facts.
    Legal 500 2016
News/Experience
Bedell Cristin are platinum sponsors at INSOL International Channel Islands One Day Seminar
Insolvency & Restructuring 05 Sep 2017 Guernsey

Bedell Cristin are platinum sponsors at the INSOL International Channel Islands One Day Seminar taking place at the Duke of Richmond Hotel in St Peter Port, Guernsey on Wednesday 13 September, 2017.

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Partners to speak on insolvency hot topics

Two Bedell Cristin partners will be speaking at a seminar devoted to legal updates and developments in Jersey insolvency law and practice.

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New edition of Jersey Insolvency and Asset Tracking just published
Insolvency & Restructuring 11 Oct 2016 Jersey

A new edition of an acclaimed book on insolvency in Jersey, Channel Islands, has been published which includes updated and enhanced analysis on a range of legal developments in the Island.

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Enabling the sale of one of Jersey's most valuable commercial properties

We act for the liquidators of a group of companies ultimately owned by a Jersey family trust.

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Bedell Cristin to sponsor INSOL Channel Islands Conference in June
Insolvency & Restructuring 26 Feb 2016 Jersey

INSOL Channel Islands One Day Seminar - 9 June 2016

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Acted for the Jersey borrowers in the Glengall Bridge group
Insolvency & Restructuring 15 Dec 2015 Jersey

We acted for the Jersey borrowers in the Glengall Bridge group, which own development land in London worth in excess of £50m.

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Bedell Cristin acts for Joint Liquidators in high value winding up proceedings

Bedell Cristin has acted for Joint Liquidators in the winding up of three Jersey companies ordered under Article 155 of the Companies (Jersey) Law 1991.

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Jersey directors: yet more personal responsibility - Seminar
Litigation 28 Sep 2015 Jersey

JFSC directions, disqualification, criminal and civil penalties: there are a plethora of Jersey domestic provisions covering the ways in which sanctions of this nature can be imposed on Jersey directors.

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The nature of credits and debits that apply when operating a bank account

On 3 August 2015, the Privy Council has helpfully explained the nature of the credits and debits that apply when operating a bank account.

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Leading insolvency seminar held in Guernsey next month
Insolvency & Restructuring 19 Aug 2015 Jersey Guernsey

Insolvency and trust specialists will gather in Guernsey on Wednesday 9 September 2015 for a one day seminar looking at the issues affecting practitioners.

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Leading finance professionals learn more about the changing landscape for litigation funding
Litigation 15 Jul 2015 Jersey

An outline of recent developments in how litigation can be funded, both in the Jersey and English Courts, attracted a wide range of senior finance professionals to a seminar hosted by Bedell on 8 July 2015 entitled ‘The New Dawn in Litigation Funding’.

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The New Dawn in Litigation Funding - Seminar
Litigation 11 Jun 2015 Jersey

Litigation funding arrangements were first approved by the Royal Court in Jersey in 2011. Since then the market and legal thinking has developed and the options available have increased such that illiquidity, limited assets or simply a desire not to risk ev...

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Strathmullan Trust
Litigation 04 Mar 2015 Jersey

Partner Robert Gardner acted for the settlor of the Strathmullan Trust who had settled substantial funds into a Jersey law trust some 15 years ago.

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Hans-Peter Dohr
Litigation 25 Feb 2015 Jersey

Partner Robert Gardner and Senior Associate Paul Lewis acted for Hans-Peter Dohr in a dispute relating to Mr Dohr's former directorships of two Jersey airport infrastructure and power investment funds which previously had €1.3 billion under management.

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The test for mistake when creating a trust has been clarified by the Royal Court of Jersey
Litigation 10 Mar 2014 Jersey

On 4 March 2014, the Royal Court gave judgment in Boyd v. Rozel Channel Islands Limited and Others [2014] JRC056

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Bedell Cristin to sponsor INSOL Channel Islands Conference in June

INSOL Channel Islands One Day Seminar - 12 June 2014

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New Channel Islands insolvency body earns world-wide recognition

The Channel Islands insolvency body, the Association of Restructuring and Insolvency Experts ('ARIES') has had its membership of the premier global insolvency body, INSOL International, ratified.

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Breaking news: Trusts (Amendment No 6) (Jersey) Law 2013 comes into force
International Private Client 25 Oct 2013 Jersey

Jersey's trusts legislation has been amended today to enshrine in statute the existing Jersey case law provisions in relation to mistake and Hastings-Bass.

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Breaking news: statutory changes to the law of mistake and Hastings-Bass receive Privy Council approval

On 9 October 2013, the Trusts (Amendment No. 6) (Jersey) Law 201-, the terms of which were summarised in our e-alert dated 17 July 2013 (please click here to review), was approved by the Privy Council.

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In the Matter of the Onorati Settlement
Litigation Guernsey

Acting for the beneficiaries of a Jersey law trust in the first Hastings-Bass application after the Supreme Court judgement in Futter-v-Futter / Pitt-v-Holt.

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The new test for Hastings-Bass under Jersey law and the need to take tax advice
Litigation 24 Sep 2013 Jersey

On 17 September 2013, the Royal Court of Jersey delivered a judgment, In the matter of The Onorati Settlement [2013] JRC 182.

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Bedell Cristin strengthens experienced litigation team with two Partner appointments

Bedell Cristin has appointed Rob Gardner and Edward Drummond as partners to further strengthen the firm’s top ranking litigation group in Jersey.

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Mistake and Hastings-Bass: the Jersey position

Jersey's government has approved an amendment to the Island's trusts legislation which will enshrine in statute the existing Jersey case law provisions in relation to mistake and Hastings-Bass.

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Funds for Feuds - Recent challenge to landmark litigation funding decision
Litigation 06 Jun 2013 Jersey

The Royal Court of Jersey has handed down its judgment in the most recent hearing of the proceedings brought by Barclays Wealth Trustees (Jersey) Limited and Barclays Wealth Fund Managers (Jersey) Limited as trustee and manager of the R2R Funds against the ...

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Cross-border insolvency assistance
Insolvency & Restructuring 05 Jun 2013 Jersey

On 22 May 2013, the Court of Appeal of England and Wales delivered the reasoned judgment for allowing the appeal from the decision of the High Court of 12 April 2013 which we referred to in an e-alert dated 2 May 2013.

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Cross-border insolvency and the Golden Thread - the latest case and its appeal
Litigation 02 May 2013 Jersey

The Golden Thread has been referred to in several recent cases, including by the English Supreme Court in the well known case of Rubin v. Eurofinance SA; New Cap Reinsurance Corp Limited v. Grant [2012] UK SC 46. This case examined the effect of enforcement...

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Insolvent trusts: the Z Trust cases
Briefings | 16 Jun 2017

For the first time the Royal Court of Jersey has given guidance on the issues facing trustees of trusts who find that they are unable to pay trust liabilities out of trust assets as they fall due, or where the trust liabilities exceed the trust assets. Whi...

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Jersey corporate insolvency - the two regimes
Briefings | 16 Jun 2017

There are two principal regimes for corporate insolvency in Jersey: désastre and winding-up. This Briefing seeks to highlight the major features of each and some of the differences between the two.

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Putting Jersey companies into English administration
Briefings | 16 Jun 2017

A Jersey company or one of its creditors may wish the company to be placed into administration in England under Schedule B1 of the UK's Insolvency Act 1986 (the "Act").

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Recognising and assisting foreign insolvency office-holders in Jersey
Briefings | 16 Jun 2017

Insolvency office-holders appointed under a law or by a court outside Jersey will have no authority, as a matter of Jersey law, to act in Jersey. It is normal therefore for an application to be made for recognition of their appointment and authority to exe...

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Bedell Cristin acts for Joint Liquidators in high value winding up proceedings
Briefings | 25 Nov 2015

Bedell Cristin has acted for the Joint Liquidators in the winding up of three Jersey incorporated companies ordered under the Companies (Jersey) Law 1991 (the "Companies Law"). The winding up proceedings are particularly significant as they involved the su...

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Recent developments in the funding of litigation in Jersey
Briefings | 17 Jul 2015

There have been significant developments in the United Kingdom during the past two decades in the funding of commercial litigation. Some, although not all, of these developments have also impacted on the Jersey commercial litigation market.

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Trusts - Mistake (including Hastings-Bass) in Jersey: setting aside decisions to help settlors, trustees, other fiduciaries and beneficiaries
Briefings | 20 Jan 2015

This briefing describes a remedy where a settlor or a fiduciary has made a transfer of property to a trust or where a trustee or fiduciary makes a decision that amounts to a mistake and in either case that transfer or that decision had adverse or unintended...

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Jersey Insolvency & Asset Tracking 5th Edition
Books | 11 Oct 2016

The latest edition of the highly acclaimed work on insolvency in Jersey, Channel Islands, has been published which includes updated and enhanced analysis on a range of legal developments in the Island.

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Litigation: The Valetta Trust: Landmark decision reached on the validity of litigation funding in Jersey.
Articles | 01 Feb 2013

Landmark decision reached on the validity of litigation funding in Jersey by Lisa Springate and Robert Gardner. Published in Trusts and Trustees Volume. 19, number. 1 - 1 February 2013.

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Litigation: Jersey opens its doors to litigation funding
Articles | 06 Jul 2012

Jersey opens its doors to litigation funding by Lisa Springate and Robert Gardner - published in ACTAPS newsletter July 2012.

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Litigation: Landmark decision reached on the validity of litigation funding in Jersey
Articles | 13 Apr 2012

Lisa Springate and Robert Gardner discuss the landmark decision reached on the validity of litigation funding in Jersey - published in STEP Journal April 2012.

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Litigation: Case Notes
Articles | 15 Feb 2012

Advocate and partner Lisa Springate and Advocate Robert Gardner examine a new way to fund litigation - published in JEP Law and Accountancy Review 15 February 2012.

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