Fraser Robertson

Practice Areas

Fraser Robertson is a Partner within the Dispute Resolution department in Jersey. Fraser 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 practised for a number of years in London and became a partner of Appleby in 2000. He qualified as an accredited mediator in 2004.

Professional Memberships

Fraser is a member of the Law Society of England and 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 Disciplinary Panel and sits on the Board of Examiners for the Jersey Bar examinations. He is also an Adjunct Professor with the Jersey Institute of Law and a member of its Governing Body.

Work Highlights

- 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

- 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 the beneficiaries in the Minwalla litigation in which the decision of the Royal Court had a significant impact on 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 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

- Advising on and 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 was successful in obtaining the dismissal of the claim against the directors

- 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

- Advising trustees 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, and, in parallel, making an application to the Royal Court seeking directions in relation to the treatment of trust assets that raised significant and complex legal issues

- Appearing for 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

- 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

- Appearing on behalf of the Data Protection Commissioner in a high profile case against a former Jersey Government Minister in relation to various data protection infringements

- Advising and appearing on behalf of Corporate Trustees culminating in a series of confidential judgments relating to just and equitable winding up; the administration of an insolvent trust and conflicts of interest

- Advising and appearing in various leading cases concerning the removal of trustees and protectors, the latest being Re Jasmine Trustees [2015] JRC 196

- Advising the Information Commissioner on the operation of the Freedom of Information (Jersey) Law 2014

Industry Sector Expertise

Dispute Resolution, Fraud & Asset Tracing, Fund Disputes, Insolvency & Restructuring, Insurance Disputes, Regulatory Disputes, Trust Disputes, Fund Governance, Regulatory Advice, Arbitration & Alternative Dispute Resolution, Trust Disputes, Private Client & Trusts