Fountain Court Chambers

London & Singapore

Giles RobertsonCall Date: 2012

Giles is developing a broad commercial practice, acting on his own and with others in the higher courts.

Areas of Expertise

  • Banking & finance
  • Commercial dispute resolution
  • Commercial Crime
  • Fraud: civil
  • Aviation
  • International arbitration
  • Insurance and reinsurance

Recent practice

Banking and finance

Giles regularly acts for banks and financial institutions. Recent cases include:

  • Giles frequently acts in cases with allegations of mis-selling of interest rate hedging products, and was seconded to Lloyds Bank’s IRHP mis-selling review team.
  • In the RBS Rights Issue litigation, Giles advised (with Richard Handyside Q.C.) a third party adviser on issues of disclosure and privilege.
  • O’Hare v Coutts [2016] EWHC 2224 (QB) Acted for Coutts (with Tamara Oppenheimer) in its successful defence of a £5m claim alleging negligence in the provision of investment advice.
  • Pine River v Castex Acted (with Sue Prevezer Q.C.) for a syndicate of hedge funds in a claim arising out of the alleged manipulation of an Indian company’s share price.
  • ENPAM v Barclays Acted for Barclays (with Sonia Tolaney Q.C. and Adam Sher) responding to an appeal against a decision upholding the English court’s jurisdiction to hear a claim for breach of a jurisdiction agreement arising out of an ‘Italian torpedo’ claim.
  • PMAL v Lloyds. Acting for Lloyds Bank (with Adam Zellick) defending a claim for conspiracy and misrepresentation arising out of the failure and subsequent rescue of a Yorkshire firm of car auctioneers.
  • In November 2013, Giles was seconded to Barclays’ Retail and Business Banking litigation team, assisting with customer litigation, including Consumer Credit Act claims.
  • Giles advised a dynamic currency conversion service provider in a claim for breach of contract in relation to the provision of DCC services across Europe.

Commercial dispute resolution

Recent cases include:

  • Cephalon v CP Pharmaceuticals. Giles acted (with Bankim Thanki Q.C. and Ros Phelps Q.C.) in a £58m claim arising from the refusal at short notice of a contract manufacturing organisation to continue manufacturing a lifesaving cancer drug. The trial is listed for five weeks in early 2017.
  • Richmond Pharmacology v Chester & Ors [2014] EWHC 2692 (Ch). Acted (with Brian Doctor Q.C.) in defending a £5m claim for misuse of confidential information and breach of directors duties arising out of the sale of a minority shareholding. Following the successful conclusion of the six-day trial the defendants were awarded the majority of their costs of the action on the indemnity basis ([2014] EWHC 3418 (Ch)).
  • One Step v Morris-Garner. Giles acted (with Charles Béar Q.C. and Stephen Knafler Q.C.) in successfully seeking permission to appeal to the Supreme Court on the availability of Wrotham Park damages.

Commercial crime:

Giles has assisted organisations facing criminal proceedings:

  • In Newcastle United Football Club and Others v HMRC[2017] EWHC 2404 (Admin), Giles acted (with Richard Lissack Q.C. and Robin Barclay) for Newcastle United Football Club in a challenge to the lawfulness of search warrants obtained by HMRC.
  • Giles was seconded for five months to Freshfields Bruckhaus Deringer LLP to assist the response of a major UK corporate to an extensive investigation by the SFO and other agencies.

Civil fraud

Giles has acted in a number of fraud cases, including some of the largest scale:

  • Republic of Djibouti v Boreh [2016] EWHC 405 (Comm) Giles acted (with Lord Falconer, Philip Brook Smith Q.C., Jennifer Haywood and Amy Proferes) in the ten-week trial of the Republic of Djibouti’s multimillion claim against Mr Abdourahman Boreh. Giles used his French to assist in proofing witnesses and preparing statements.
  • BTA Bank v Ablyazov [2014] EWHC 2788 (Comm) Giles acted (with Charles Béar Q.C.) for Mr Mukhtar Ablyazov defending his right to assert legal professional privilege over documents held by his former solicitors.

Aviation

Giles is particularly interested in aviation law:

  • Acted (with Michael Crane QC and Tamara Oppenheimer) for Honeywell in Ethiopian Airlines v Honeywell and others, a product liability/negligence claim arising out of the fire on board a Boeing 787 at Heathrow caused by a short circuit in the aircraft’s emergency location transmitter battery.
  • Giles has acted on a number of disputes between airlines and OEMs in relation to the delivery of new aircraft.
  • Acted (with John Taylor Q.C.) in an arbitration out of the redelivery of two Boeing 737s, raising complex issues of correct maintenance practice of CFM56-7B engines in harsh environments.
  • Acted (with Akhil Shah Q.C. and Tamara Oppenheimer) in an arbitration focusing on the technical evolution and design heritage of a popular commercial transport type.
  • Giles routinely acts in Regulation 261/2004  compensation cases, both at first instance and on appeal. In Blake v Easyjet Giles successfully established that compensation under the Regulation should be converted to Sterling at the date of the claim rather than the date of the flight (as contended by the unsuccessful passenger).

International arbitration

Giles has acted in a number of international arbitrations, conducted under a number of institutional and non-institutional frameworks, including the ICC, SCC, LCIA, and the Arbitration Act 1996.

  • Giles is acting for a state defending a $10bn claim under the Energy Charter Treaty in relation to an Eastern European oil and gas company.
  • Most of Giles’ aviation practice is conducted through arbitration.

Insurance

Giles also has experience in insurance law:

  • Giles assist in handling coverage issues arising from PPI mis-selling.
  • Giles conducted a review of policy wordings for a major UK corporate following concerns about inadequate coverage.

Education

  • MA Cantab (First Class), Christ’s College, University of Cambridge, History
  • GDL (Distinction), BPP
  • BPTC (Outstanding), Kaplan Law School

Appointments, memberships, prizes

  • Buchanan Prize, Lincoln’s Inn
  • Honourable Mention, Foreign Direct Investment Moot 2011
  • Advocacy Scholar, Kaplan Law School
  • Bachelor Scholar, Christ’s College
  • Mrs Vincent Astor Prize in History
  • Widdrington Scholar, Christ’s College


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