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Robert Gardner

Robert Gardner

Work Department

Insolvency & Restructuring Litigation & Dispute Resolution

Position

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.

Career

After Cambridge University, Rob passed the Legal Practice Course at Chester Law School before commencing his training at Wilde Sapte. In 2002, he moved to the Cayman Islands’ office of Walkers and practiced Cayman Islands law (as an attorney at law) and British Virgin Islands law (as a solicitor-advocate) until 2006. In 2006, he moved to Bedell Cristin. He was sworn in as a Jersey advocate in October 2011, and became a partner in 2013. Publications of note: Rob is a co-editor of the Fifth Edition of Jersey Insolvency and Asset Tracking, due for publication in September 2016. He drafted the Jersey chapter for Ian Kawaley’s book entitled Judicial Cooperation in Cross Border Corporate Insolvency cases and has had articles published in: International Corporate Rescue (Chase Cambria) 2010 (Issue 2) on the use of court winding up and UK administration (‘Keeping a Jersey Channel Islands Trading - two recent trends’); Trust Quarterly Review (2008 6 TQR Issue 2) on the Jersey law relating to Hastings Bass (‘Hastings Bass Alive and Well in Jersey’ co-authored with Anthony Dessain); Legal Week on litigation funding 3 February 2012 (‘Funds for Feuds’); ACTAPS’s quarterly newsletter (second quarter 2012) on litigation funding; Trust and Trustees (September 2012): ‘Re the Valetta Trust: Landmark decision reached on the validity of litigation funding in Jersey’, and trust and estate law and tax journal entitled ‘The Onorati settlement: how Jersey trustees should avoid breaches of duty when tax liabilities might be triggered’; Trust Quarterly Review (2016 14 TQR Issue 2) on the use of confirmatory orders following a successful mistake application;

Languages

English.

Memberships

Advocate - Jersey Solicitor - England & Wales (non-practising) Attorney-at-law - Cayman Islands (non-practising) Solicitor - British Virgin Islands (non-practising)

Education

St Peter’s School York, Emmanuel College, Cambridge; Law 2:1 (1988); LPC 1989; Jersey Bar 2011.

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