Robert Mundy

Call 2008

Robert Mundy

Introduction

Rob has a wide-ranging commercial practice and has particular expertise in company, insolvency and High Court employment disputes. He is often instructed in high-value and complicated litigation.

He has been consistently recommended in Chambers & Partners and Legal 500. He was described in the 2021 Legal 500 as “absolutely brilliant intellectually and academically with forensic attention to detail and a very reassuring manner,” and in the 2021 Chambers Bar Guide as possessing  “the rare trinity of encyclopedic knowledge, eloquent advocacy and hard work.”

Rob is also a practising mediator.

Recent cases

Outside of the specialist areas below, Rob’s recent work has included:

  • advising the buyer of an investment management company in an earn-out dispute (sole counsel)
  • advising the seller of shares in a software company on a breach-of-warranty claim (sole counsel)
  • representing a jewellery supplier in a claim and in defending a US$2m counterclaim brought by a High Street retailer (sole counsel)
  • advising a public body in a high-value contractual dispute (sole counsel)
  • representing a manufacturer defending a claim under the Commercial Agents Regulations

Company & Partnership

Rob has an established company law practice. In the 2021 Chambers Bar Guide, Rob is noted as being particularly well regarded for his handling of unfair prejudice petitions and disputes concerning director’s duties. A previous edition described him “as very academically gifted company counsel”.

Recent cases

  • acting for a company that ran a pharmacy in a claim against former directors (sole counsel against QC and junior)
  • acting for a 50% shareholder in a telecoms company in an unfair prejudice petition and in a dispute under an unusual shareholders’ agreement (sole counsel against QC)
  • acting for a minority shareholder in a high-value unfair prejudice petition concerning a property development company (led by John Randall QC)
  • acting for a minority shareholder in a high-value unfair prejudice petition concerning a food supplements manufacturer and in the defence of a £35m crossclaim (led by John Randall QC)
  • representing a telecoms company in a shareholder good-leaver/bad-leaver claim in the Employment Tribunal (sole counsel) and in a linked £4m High Court claim (led by John Randall QC)
  • acting for majority shareholders in a dispute about the ownership of director’s life insurance proceeds (sole counsel)
  • disputes about the enforceability of expert determinations

Insolvency & Restructuring

Rob is regularly instructed by insolvency practitioners and directors in difficult insolvency-law litigation. He is described as “resourceful, clear and logical” in the 2021 Legal 500.

Recent cases:

  • defending a multi-million-pound transaction-defrauding-creditors claim (sole counsel),
  • a successful challenge to a £21m proof of debt (sole counsel against QC)
  • representing a liquidator in a £3m-odd claim and in subsequent enforcement proceedings in which a deed was found to be have been forged (sole counsel)
  • defending five directors of a transport company in a £1m+ misfeasance claim (sole counsel)
  • representing a claims funder in a £2m+ wrongful-trading and misfeasance claim arising from the avoidance of import VAT
  • a successful challenge to a refusal by liquidators to assign a claim (sole counsel)
  • representing a trustee in bankruptcy in an unusual claim to unwind the transfer of a business (sole counsel)
  • acting (sometimes for claimant, sometimes for defendant) in several other £1m+ claims against directors
  • disputes over the validity and effect of charges, retention-of-title clauses and Quistclose trusts
  • acting (sometimes for the applicant, sometimes for the respondent) in many applications to restrain the advertisement of winding-up petitions or to set aside statutory demands

Publications:

  • Directors’ Duties During Administration and Liquidation (2021) 34(3) Insolv Int 58
  • Why Statutory Declarations by Video Conference are Lawful (2020) 13(3) CRI 97
  • Case Reporter: Walker & Williams v National Westminster Bank plc & The Treasury Solicitor (2016) 9(3) CRI 119
  • Case Reporter: Wilson (as liquidator of 375 Live Ltd) v SMC Properties Ltd (2015) 8(4) CRI 171
  • TUPE and Mental Gymnastics (2014) 7(1) CRI 31

Restraint of Trade & Confidentiality

Rob is regularly instructed in restrictive covenant, confidential information and team move cases, often at short notice. He works quickly and effectively.

Rob’s complementary company-law practice means he is well-suited to cases involving directors. He was recommended in the 2021 Chambers Bar Guide for restrictive covenant claims and in the 2021 Legal 500 for employment cases that overlap with shareholder issues.

Recent cases:

  • defending an engineering company in a c£3.5m confidentiality information claim (sole counsel)
  • representing an analytics company in a team move claim against five employees and their new employer (sole counsel)
  • acting for six defendants in an application for a freezing injunction (sole counsel)
  • defending a £800k cross-border restrictive covenants claim (led by Ed Pepperall QC)

 

Professional Liability

Rob has experience acting in claims against solicitors, accountants and financial advisers. He has a particular interest in cases relating to his other areas of expertise.

Recent cases:

  • acting for a widow in a claim against her husband’s IFA
  • acting for a shareholder in a claim against solicitors for negligent tax advice
  • acting for two entrepreneurs in a claim against their accountant
  • claims against IT consultants

Commercial Fraud & Asset Tracing

Rob has experience of a wide variety of commercial fraud cases, particularly cases of fraud by employees or directors. He is an experienced trial advocate and cross examiner.

Recent cases:

  • acting for a company bringing a corporate-fraud and asset-tracing claim (sole counsel)
  • acting for an employer in an unjust-enrichment claim to recover wages against employee accused of malingering (sole counsel)
  • applying for a freezing order against a director’s wife who removed company money (sole counsel)
  • defending a freezing order application in a derivative claim (led by John Randall QC)
  • defending a deceit claim bought against two property developers (sole counsel)
  • advising on chequebook and email frauds
  • presenting and defending committal applications

Mediation Services

Rob enjoys the variety and challenge of acting as a mediator. He appreciates that mediation is no panacea, but believes that, if approached with energy, determination and an open-mind, mediation can lead to sensible resolutions of most disputes.

Reported Cases

Interactive Digital Systems Ltd v VST Enterprises Ltd [2021] EWHC 887 (Ch): administration application

Gill v Thind [2020] EWHC 2973 (Ch): derivative claims

Rendle v Panelform [2020] EWHC 2655 (Ch): trial of a transaction-defrauding-creditors claim

Poole v Hinton [2019] EWHC 2331 (Ch): successful challenge to £21m proof of debt

Herry v Dudley Metropolitan Council UKEAT/100/16, [2017] ICR 610 (written submissions: see §2): costs orders and bankruptcy

Jarrett v Birmingham City Council UKEAT/0333/14/LA: amendment of grounds of appeal

Brown v Stephenson [2013] EWHC 2531 (Ch), [2013] WTLR 1675: undue influence

Education

MA (Cantab.), Law with European Legal Studies, Trinity Hall, University of Cambridge, First Class
Middle Temple Queen Mother Scholarship
Bar Vocational Course

Appointments and Memberships

Commercial Bar Association (COMBAR)

Midland Chancery and Commercial Bar Association (MCCBA)

Employment Lawyers Association (ELA)

Testimonials

“Absolutely brilliant intellectually and academically with forensic attention to detail and a very reassuring manner.” Legal 500 2021
“Resourceful, clear and logical in advocacy and written work.” Legal 500 2021
“He works seamlessly as part of a larger team and is a huge asset in conference with clients, particularly on employment cases overlapping with shareholder issues.” Legal 500 2021
"He possesses the rare trinity of encyclopedic knowledge, eloquent advocacy and hard work." Chambers UK 2021
"He is technically excellent and very responsive to client demands." Chambers UK 2021
"He writes nicely crafted documents and skeleton arguments, and knows when to pitch and point and when to back down." Chambers UK 2021
"Technically strong, calm and adaptable." Legal 500 2020
"His greatest strength is his intellect, but he is also extremely good with clients." Chambers UK
"He is incredibly hard-working and never misses a point." Chambers UK
"He is easy to deal with and extraordinarily bright." Chambers UK
"He is meticulous in his attention to detail and his client service is excellent. He has a very calm, intelligent and well thought out approach to matters." Chambers UK
"Very bright, very intelligent and very knowledgeable." Chambers UK
"He is thoughtful and brilliant – a man to go to for advice on complex and technical legal disputes." Chambers UK
"He is a very academically gifted company counsel, who is as at home as a sole advocate against more senior adversaries as he is as part of a team." Chambers UK
“Incredibly hardworking and very grounded.” Legal 500
“Ferociously intelligent; he punches above his weight.” Legal 500
“He has expertise in employment, company and insolvency matters and receives praise for his thoughtful, measured approach and impressive advocacy style.” Chambers UK
“He is an outstanding draftsman and offers clear, robust and commercial advice.” Chambers UK
“He has a powerful intellect and his analysis is faultless.” Chambers UK
“He has great intellect and is good on his feet.” Chambers UK