Robert Machell

Commercial disputes

• Advised and acted for a specialist M&E subcontractor following early termination by the main contractor of a multi-million pound construction project.
• Advised and successfully appeared at trial for a commercial claimant in a complex dispute over licensing fees.
• Obtained an urgent interim injunction in the High Court for a TV studio for the return of television recording cameras seized by a shareholder/creditor.
• Obtained an urgent interim injunction for a commercial laundry whose machines had been rendered inoperable by the lessor’s agents in a dispute over lease payments.
• Advised the victim of a crypto-currency mining hacker, in a dispute over liability to pay software licence fees for the hacker’s usage.
• Advised those acting for a FTSE 250 company in a dispute over contractual entitlement to fees.
• Acted for a company in a multi-track claim against a former senior employee for misuse of company funds.
• Advised on and successfully represented a commercial litigant for a Part 69 application for a court-appointed receiver by way of equitable execution.
• Successfully obtained an order in the High Court enforcing the cross undertaking in damages in a commercial injunction.
• Sole counsel for the Respondent in Chelfat v Hutchison 3G UK Ltd [2022] EWCA Civ 455, an appeal concerning the expiry of limitation where a claim form is to be served out of the jurisdiction without permission.
• Sole counsel for the Appellant in Kuznetsov v Amazon Services Europe SARL [2019] EWCA Civ 964, an appeal concerning the court’s jurisdiction to set aside a judgment some 15 months after it was entered.

Civil fraud & asset recovery

• Sole counsel for the defendant to a multi-million pound claim for deceit and breach of fiduciary duty in a 10 day High Court trial.
• Acted (led by Jonathan Miller) for the claimants in a multi-million pound bribery claim.
• Acted (sole counsel) for an investor in a failed tax scheme in his successful application for pre-action disclosure of payments said to be bribes.
• Obtained multiple third party disclosure orders in the High Court to assist asset tracing for the victim of a sophisticated romance fraud.
• Advised the potential claimant on the effect of an undisclosed commission received by his bank in connection with a £10 million investment.
• Advised the borrower on rescission of a $5m facility agreement for fraud.
• Researched points of law (as pupil to Andrew Fulton) in Sabbagh v Khoury [2017] EWCA Civ 1120: a jurisdictional challenge on five grounds to a US$600m claim relating to allegations of conspiracy.

Banking & financial services

• Acted for a crypto-currency exchange in an application against a pyramid scheme fraudster in the High Court.
• Drafted the claim in a Letters of Credit dispute between two commercial banks.
• Advised the potential claimant on the effect of an undisclosed commission received by his bank in connection with a £10 million investment.
• Advised the borrower on rescission of a $5m facility agreement for fraud.
• Advised the potential claimant on the merits of the claim in respect of losses incurred on a regulated pension product.
• Represented the Defendant bank against a mis-selling claim where the terms of a prior settlement were challenged.

Insolvency & restructuring

• Counsel for the Respondent opposing an application to seek, on a derivative basis, an injunction to restrain presentation of a Winding-Up Petition in a one day hearing in the High Court.
• Represented the Respondents in a high-value cross-border insolvency matter, opposing an application by a trustee-in-bankruptcy for a Proprietary Injunction and Receivership Order in the High Court.
• Advised a solicitor on a trustee-in-bankruptcy’s s.311 request for papers of a former client, which were the subject of joint privilege with a third-party.
• Successfully obtained an administration order, and later advised and successfully obtained discharge of the administrator.
• Successfully opposed a company’s application for a validation order.
• Successfully obtained a third-party costs order against a director following the just and equitable winding-up of a company.

Jurisdiction challenges

• Sole counsel for the Respondent in Chelfat v Hutchison 3G UK Ltd [2022] EWCA Civ 455, an appeal concerning the expiry of limitation where a claim form is to be served out of the jurisdiction without permission.
• Sole counsel for the Appellant in Kuznetsov v Amazon Services Europe SARL [2019] EWCA Civ 964, an appeal concerning the court’s jurisdiction to set aside a judgment some 15 months after it was entered.
• Acted for a claimant seeking permission from the High Court to serve proceedings out of the jurisdiction (including on non-EU domiciled persons) in a multi-million pound dispute.
• Successfully opposed a jurisdiction challenge by a defendant who sought to rely on an arbitration agreement, and/or an exclusive jurisdiction agreement.
• Prepared arguments to resist enforcement of a Cypriot anti-suit injunction in the High Court.
• Researched points of law (as pupil to Andrew Fulton) in Sabbagh v Khoury [2017] EWCA Civ 1120: a jurisdictional challenge on five grounds to a US$600m claim relating to allegations of conspiracy.

Company & partnership

• Advised on, and prepared an application for, restoration of a company to the register under the Companies Act 2006, s.1024.
• Advised on and appeared in the hearing of an application for alterations to the register under the Companies Act 2006, ss. 790V, 1096 and 1097
• Successfully opposed a company’s application for a validation order.
• Successfully obtained a third-party costs order against a director following the just and equitable winding-up of a company.

Memberships

• Commercial Bar Association (Combar)
• The Honourable Society of Lincoln’s Inn

Skills & interests

Away from Chambers, Robert is often to be found on his 1952 Ferguson tractor or looking after his rare-breed Tamworth pigs.

Awards & certifications

Awards

• 2016 Barstow Scholarship, City Law School
• 2015 Denning Scholarship, Lincoln’s Inn
• 2015 Excellence award, University of Law

Certifications

• ​Bar Professional Training Course, City Law School (Outstanding, ranked 3rd on course)
• Graduate Diploma in Law, University of Law (Distinction)
• CFA® (Chartered Financial Analyst) charterholder, 2000-2016

This is the Privacy Policy for:

Barrister: Robert Machell

Address: 1EC, 3 King’s Bench Walk North, Inner Temple, London, EC4Y 7HR

The Purposes for which Personal Data is Processed:

Personal data will be processed in order to enable the provision of legal services, ie:

1. advice;
2. representation in court;
3. the drafting of legal documents.

It may also be necessary to retain personal data for conflict-checking purposes or for use in the defense of potential complaints, legal proceedings or fee disputes.

The Lawful Basis for Processing Personal Data

In some cases the subject of the personal data will have given consent to the processing of his or her personal data. Where explicit consent has not been given, personal data will be processed only when:

1. it is necessary for the performance of a contract with the person whose personal data is processed (or prior to entering such contract, in order to take steps at the request of the person whose personal data is processed); or when
2. it is necessary for the purposes of providing legal services.

Special Categories of Personal Data

It may be necessary to process personal data which constitute particularly sensitive special categories, ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Such data will only be processed where processing is necessary for the establishment, exercise or defense of legal claims.

Who will receive Personal Data

The recipients of the personal data processed will be:

1. instructing solicitors and clients;
2. courts and other tribunals to which documents are presented;
3. witnesses and potential witnesses, including expert witnesses;
4. other barristers, pupil barristers and other legal representatives;
5. regulatory authorities.

Retention Periods for Personal Data

Personal data in case files will generally be kept at least the end of one year after the maximum relevant limitation period has expired. The limitation period will be measured from the latest date it is possible to bring any appeal.

The retention period will be reviewed when the work has been completed. The retention period may be adjusted at that time.

International Data Transfers

In cases involving international disputes, it may be necessary to transfer personal data to countries outside the European Economic Area which have different data protection standards to those which apply in the European Economic Area. This will only be done for the purposes set out in this Privacy Policy. In the event this is necessary, appropriate safeguards will be in place to protect personal data, such as European Commission approved standard contractual clauses or the EU-US Privacy Shield. You have a right to ask for a copy of the relevant safeguard.

Individual’s Rights

If your personal data has been processed or held, you have a right to request access to (and rectification or erasure of) personal data; or to request restriction of processing concerning the data subject; or to object to processing; as well as the right to data portability. These rights may be limited where there is a legal requirement, or other legitimate grounds, to process your data.

If you wish to exercise these rights, please use the contact details above.

If you have unresolved concerns you also have the right to complain to data protection authorities.