Rob is head of Bedell Cristin's litigation team. He is a very experienced commercial litigator and insolvency specialist.
On the litigation side he is 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.
On the insolvency side he also 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.
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.
- Solicitor* - England & Wales
- Advocate - Jersey
- Attorney at law* - Cayman Islands
- Solicitor* - Eastern Caribbean Supreme Court (British Virgin Islands)
- 'Leader in their field' - Chambers UK, Europe and Global 2019
- 'Honours List' in the 'Leading Lawyers' category - 2015 Citywealth Leaders List
- 'Rising Star' in restructuring and insolvency - IFLR1000 2016
Very approachable, commercial and technically strong.Chambers 2019
Very easy to get along with and very quick to pick up complex issues.Legal 500 2017
Extremely quick at absorbing complex facts.Legal 500 2016
A decision from the Ontario Superior Court (‘OSC’) provides a useful summary of the common law ‘red flags’ which help creditors and insolvency practitioners identify when a bankrupt’s assets are held in a sham trust. Of interest was the expert evidence show...
AIJA will host a family office conference from 12-14 July 2018, open to AIJA members and non-members alike. The event is expected to attract attendees from across the UK and offshore jurisdictions; it is targeted at family offices, providers of family offi...
Partners, Robert Gardner and Alasdair Davidson, will be speaking at an international contentious trusts conference hosted by Boodle Hatfield, Charles Russell Speechlys, Clifford Chance, Forsters, Stephenson Harwood and Taylor Wessing.
Alasdair Davidson and Robert Gardner will be attending INSOL New York which takes places at the Grand Hyatt Hotel, New York from 29 April to 1 May 2018. They would welcome the opportunity to meet up should you or one of your colleagues also be attending - ...
A judgment, eagerly awaited by Jersey and Guernsey trustees, has been delivered by the Privy Council (on appeal from the Guernsey Court of Appeal) in a matter involving the Tchenguiz family trusts. Of most interest to trustees and their contractual counterp...
Bedell Cristin has advised MayAir Group plc on all Jersey law matters (corporate and litigation) in relation to the £50,000,000 acquisition of MayAir Group plc by Poly Glorious Investment Company Limited.
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.
Two Bedell Cristin partners will be speaking at a seminar devoted to legal updates and developments in Jersey insolvency law and practice.
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.
We act for the liquidators of a group of companies ultimately owned by a Jersey family trust.
INSOL Channel Islands One Day Seminar - 9 June 2016
We acted for the Jersey borrowers in the Glengall Bridge group, which own development land in London worth in excess of £50m.
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.
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.
On 3 August 2015, the Privy Council has helpfully explained the nature of the credits and debits that apply when operating a bank account.
Insolvency and trust specialists will gather in Guernsey on Wednesday 9 September 2015 for a one day seminar looking at the issues affecting practitioners.
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’.
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...
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.
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.
On 4 March 2014, the Royal Court gave judgment in Boyd v. Rozel Channel Islands Limited and Others  JRC056
INSOL Channel Islands One Day Seminar - 12 June 2014
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.
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.
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.
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.
On 17 September 2013, the Royal Court of Jersey delivered a judgment, In the matter of The Onorati Settlement  JRC 182.
Bedell Cristin has appointed Rob Gardner and Edward Drummond as partners to further strengthen the firm’s top ranking litigation group in Jersey.
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.
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 ...
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.
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  UK SC 46. This case examined the effect of enforcement...
This Briefing explains the current situation in and future plans of Jersey regarding the various United Nations ("UN") human rights treaties. Please do not hesitate to contact us if you need further explanation or guidance.
The Royal Court of Jersey has given further 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. Whilst the Cour...
The English High Court has issued a significant judgment in Republic of Angola v Perfectbit Ltd  EWHC 965 (Comm), where it took jurisdiction over claims by the Republic of Angola ("Angola") and Banco Nacional de Angola (the "BNA") against eight co-def...
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.
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").
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...
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...
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.
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...
The English matrimonial courts have jurisdiction to vary a trust in accordance with domestic law. This is so, even where the trust is located abroad and governed by the law of another jurisdiction. Thus, 'nuptial settlements' (whether on-shore or off-shore)...
There is a long-standing principle in English law that, in certain circumstances, equity will aid the defective execution of a power. In the recent case of In the matter of the Shinorvic Trust, the Royal Court of Jersey had to consider whether this principl...
In Petrodel Resources Ltd & Ors v Prest & Ors  EWCA Civ 1395 ("Prest"), the English Court of Appeal has delivered a startling ruling which will have far reaching effects for wealthy individuals seeking to protect their assets on divorce.
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.
Jersey opens its doors to litigation funding by Lisa Springate and Robert Gardner - published in ACTAPS newsletter July 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.