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Appleby

13-14 ESPLANADE, ST HELIER, JE1 1BD, JERSEY
Tel:
Work 01534 888777
Email:
Web:
www.applebyglobal.com

Fraser Robertson

Tel:
Work 01534 818032
Email:
Appleby

Work Department

Dispute resolution (arbitration and mediation, banking litigation, fraud litigation, negligence claims, trust and estate litigation, regulatory advice, fraud and asset-tracing, insolvency and restructuring, trust dispute).

Position

Fraser Robertson is a partner and Group Head of the Dispute Resolution department in Jersey. Fraser also sits on the Group´s Global Management Committee Board. He is a commercial litigator who advises on all types of commercial disputes. He specialises primarily in trust, contractual and professional negligence, 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.

He has contributed to various publications, including the Jersey Law Review. Fraser is a keen speaker at international seminars and conferences, particularly on trust litigation matters.

Some recent examples of work include: advising 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; 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; and 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.

Career

Qualified 1985. Fraser practised for a number of years in London and became a partner of Appleby in 2000. He qualified as an accredited mediator in 2004.

Member

Law Society of England and Wales, Jersey Law Society, International Bar Association, Institute of Directors and Jersey Association of Accredited Mediators, Jersey Law Society’s Disciplinary Panel, sits on the Board of Examiners for the Jersey Bar examinations. Adjunct Professor with the Jersey Institute of Law and a member of its Governing Body.

Education

Durham University; Guildford College of Law.


Jersey

Corporate and commercial

Within: Corporate and commercial

The ‘strong and trusted’ team at Appleby ‘continues to be responsive and provide the expertise clients require’ under the leadership of Wendy Benjamin, who has ‘an excellent understanding of commercial law and gives clear and concise guidance’. A team led by Fraser Robertson and Andrew Weaver – who ‘is not afraid to stand firm when needed’ – represented Kennedy-Wilson Europe Real Estate in its $3bn merger with Kennedy-Wilson Holdings, and Sime Darby engaged the group to act as Jersey counsel on its listing on the main market of Bursa Malaysia Securities Berhad. Michael Cushing collaborated with Benjamin to advise a trust company on the insolvency issues arising from the reinstatement of a company following its wrongful summary winding-up, and James Gaudin was supported by ‘excellent’ associate Kevin McQuillan to oversee Lone Star’s acquisition of 14 care homes in the UK as Jersey counsel.

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Dispute resolution

Within: Leading individuals

Fraser Robertson - Appleby

Within: Dispute resolution

The ‘top-class’ offering at Appleby is ‘a quality act and fun to work with’. Blue-chip institutions and large corporate entities appoint the group to advise on commercial disputes, fraud and asset tracing matters, and trust litigation. An offshore-based trustee appointed the ‘excellentMichael Cushing to advise on its challenge to a beneficiary’s application to the Royal Court for the disclosure of confidential trust documents, while practice head Fraser Robertson collaborated with counsel Jared Dann to register and enforce an English judgment against an individual. The department also closely collaborates with the corporate team in the context of court-sanctioned bank transfer schemes and disputes arising from insolvency proceedings. Louise Richardson resigned from her partnership position to take up an in-house role at the States of Jersey.

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Employment

Within: Employment

Appleby’s employment outfit operates as a sub-team of the wider dispute resolution practice under the leadership of counsel Richard Sheldon, who leads the employment work across the Channel Islands. The main bulk of Sheldon’s caseload revolves around corporate support, compromise agreements, immigration and housing issues, pensions and data protection. HSBC recently appointed the group to advise on the employment and pension aspects of its restructuring across the crown dependencies, and a fiduciary services business instructed the firm to undertake an independent investigation into allegations that its chief compliance officer had suppressed information from the board and the regulator. Also notable were Fraser Robertson’s defence of a hospitality company in an unpaid wages claim filed by a former employee, and his work for a public sector employee with regard to his allegations that his employer misused personal data pertaining to him and his spouse.

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Private client, trusts and tax

Within: Private client, trusts and tax

The private client lawyers at Appleby ‘are all particularly timely in the delivery of their services and all have a keen technical and business acumen, ensuring their advice is appropriate and cost-effective’. Practice head David Dorgan is praised for his ‘sound knowledge of the law, availability, great communication skills and willingness to go the extra mile’; he recently handled the trust documentation for the establishment of a new charitable structure to hold shares in multiple SPVs on behalf of a commodities company. In other highlights, the group is advising the settlor of a new life income trust established through the relocation of an existing unregulated fund from the Cayman Islands to Jersey on discretionary capital and protector provisions. For contentious work, clients can rely on Michael Cushing, who acts as managing partner of the Jersey office, and dispute resolution practice head Fraser Robertson.

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