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Local Group Head - Litigation & Insolvency, Partner
Litigation & Insolvency
Fraser Robertson is a commercial litigator and advises on all types of commercial disputes. He primarily specialises in trust, contractual and professional negligence litigation, as well as fraud and asset tracing and regulatory matters. He has acted and appeared before the Jersey courts in a number of significant trust disputes.
Fraser was named as a Leader in his Field by Chambers UK 2011 and Chambers Europe 2010. Chambers Global 2009 described Fraser as “a good communicator and an excellent advocate”. He was applauded for his “very direct” approach and ability to be “tough in negotiations”. Fraser was named for dispute resolution in Legal 500 UK 2008, and described in the 2009 edition as “incisive and learned”, and “highly regarded for trust litigation”. He was recommend for dispute resolution, and restructuring and insolvency in PLC Which Lawyer 2009.
Originally admitted as an English Solicitor in 1985, he practised for a number of years in London. He was called to the Jersey Bar in 1999. Fraser became a Partner of Bailhache Labesse, one of the predecessor firms of Appleby in 2000. He qualified as an Accredited Mediator in 2004.
Fraser is a member of the Law Society of England & Wales, Jersey Law Society, International Bar Association, Institute of Directors and Jersey Association of Accredited Mediators. He is also a member of the Jersey Law Society’s Civil and Criminal Procedure Sub-Committee and on the Board of Examiners for the Jersey Bar examinations.
Fraser has contributed to numerous publications including the Jersey Law Review. He regularly writes for the Jersey Evening Post and Appleby’s Resolution newsletter. Fraser is a keen speaker at seminars and conferences, particularly on trust litigation matters.
Some recent examples of work include:
• Re Lincoln Trust [2007] JRC 173 - Advising and successfully appearing on behalf of the beneficiaries. Directions were sought from the Royal Court as to whether the trustee should appear in foreign matrimonial proceedings and whether information should be disclosed. The Royal Court agreed this was a comparatively rare case where trustees should submit to the jurisdiction of the foreign court.
• Representing Prince Jefri Bolkiah in high-profile litigation with the Sultan of Brunei to recover assets arising out of alleged misappropriation of US$15 billion from the Brunei Investment Agency, requiring parallel proceedings in both the Cayman Islands and Jersey.
• Appearing in the trial of the significant case of EM.TV v. Bayerische Landesbank, the first substantive case on the Jersey Security Interest Law, which involved the ownership of the television rights to the Formula One Racing Series.
• Appearing for a number of trust companies in relation to various trust disputes involving, amongst other things, money laundering issues.
• Appearing for the beneficiaries in the Minwalla litigation in which the decision of the Royal Court significantly impacted the law in Jersey, and England and Wales on the issue of enforcement in Jersey of English matrimonial orders.
• Advising on, and appearing in the trial of the 'Shard of Glass' dispute. The dispute, which has featured prominently in the mainstream and specialist media, involved five parties and a wide range of issues including the law of mistake, breach of trust, transactions at an undervalue and defences of laches and acquiescence.
• Appearing for the Defendants in the high profile JFSC v. Alternate proceedings. In the ‘class action’ proceedings, commenced by the JFSC on behalf of numerous investors, the team were successful in obtaining the dismissal of the claim against the directors.
• Advising and appearing for a leading Jersey Trust Company in relation to winding up a long running trust, the subject of acrimonious litigation between the beneficiaries.
• Advising corporate clients listed on the Vienna Stock Exchange in relation to a regulatory investigation by the Jersey Financial Services Commission under the Companies (Jersey) Law 1991.
• Acting for corporate clients in relation to various corporate matters arising out of alleged misconduct at company meetings (Oesterreichische Kontrollbank Aktienngesellschaft v. Meinl International Power Limited [2008] JRC 192]).
• Appearing for the beneficiaries in Re Fountain Trust [2005] JLR 359 the first in the recent line of authorities on the question of enforcement in Jersey of English matrimonial orders.
• Appearing for one of the trustees in relation to a hostile application to remove the co-trustee on the basis of conflict of interest (In the Matter of the E, L, O and R Trusts [2008] JRC 150).
• Advising and appearing for trustees in Re Essel and Bruce Trusts [2008] JRC 065, in relation to the transfer of trusteeship and indemnities.
• Advising a trustee in relation to proceedings commenced in England by a third party in which it was alleged that some or all of the assets settled into the trust fund represented the proceeds of a fraudulent transaction and were subject to a proprietary claim. In parallel, making an application to the Royal Court seeking directions in relation to the treatment of trust assets which raised significant and complex legal issues.
• Advising a trustee in relation to a hostile application to remove its co-trustee as trustee of a number of trusts on the basis of a clear and obvious conflict of interest, culminating in an order from the Royal Court removing the co-trustee and making a number of adverse costs orders against it personally. The matter involved a detailed review of the circumstances in which it is appropriate for a trustee to retire as trustee of a trust, and a consideration of the occasions when it will be reasonable for a trustee to seek the directions of the Royal Court.
• Advising and appearing for a leading Jersey trustee company in proceedings culminating in an order from the Royal Court as to the winding up and distributions from a long established trust. The matter involved issues relating to trustee indemnities, and conflicts of law including consideration of Shariah law and the law of Oman.
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