Robert Mundy

Introduction

Rob Mundy has a wide-ranging commercial practice and has particular expertise in company, insolvency and contractual disputes. He tends to be instructed in high-value and complicated litigation, usually as the sole advocate and often against silks. He has been consistently recommended in Chambers & Partners and Legal 500.

Rob is a practising mediator and also sits as a Recorder of the County Court.

 

Recent cases

Recent cases include:

  • Representing three directors at a 12-day trial of an unfair prejudice petition (sole counsel against silk and junior)
  • Representing an engineering company in a £2m+ corporate fraud and asset tracing claim (sole counsel)
  • Acting for an accountant in a £2m+ dispute over the proceeds of sale of a business chain (sole counsel against silk)
  • Advising an IT company facing a $10m+ contractual clawback claim
  • Gill v Thind [2020] EWHC 2973 (Ch): representing directors of care home companies defending derivative claims (led by John Randall KC)
  • Rendle v Panelform [2020] EWHC 2655 (Ch), [2021] BCC 203, [2021] BPIR 31: representing a trustee in bankruptcy at a trial of an unusual transaction-defrauding-creditors claim, which led to the court unwinding the sale of a business (sole counsel)
  • Acting for the pharmacy company in the trial of a claim against former directors and others arising from the transfer of the company’s business (sole counsel against silk and junior)
  • Representing a claims funder in a £2m+ wrongful-trading and misfeasance claim arising from the avoidance of import VAT (leading Joe Millington)
  • Poole v Hinton [2019] EWHC 2331 (Ch): representing the applicant in a challenge to £21m proof of debt (sole counsel against silk)
  • Representing a jewellery supplier in a claim and in defending a US$2m counterclaim brought by a High Street retailer (sole counsel)

Company and Partnership

Rob is recognised for his expertise in company law, particularly shareholder disputes. In the 2023 Chambers Bar Guide, Rob was noted as being particularly well regarded for his handling of unfair prejudice petitions and disputes concerning director’s duties. A testimonial read, “As an advocate, he is in command of the law, in command of the facts and in command of the court. Judges and clients know it so he gets results from the court and accolades from the client.”

 

Recent cases

  • Representing three directors at a 12-day trial of an unfair prejudice petition (sole counsel against silk and junior)
  • Gill v Thind [2020] EWHC 2973 (Ch): representing directors of care home companies defending derivative claims (led by John Randall KC)
  • Acting for the pharmacy company in the trial of a claim against former directors and others arising from the transfer of the company’s business (sole counsel against silk 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 silk)
  • 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 KC)
  • Acting for a minority shareholder in a high-value unfair prejudice petition concerning a property development company (led by John Randall KC)
  • Acting for the 50% shareholder in a construction company in an unfair prejudice petition (leading Natalie Kearney)
  • Acting for eight shareholders in a technology company in a just and equitable winding-up petition (sole counsel)
  • 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 KC)

Insolvency & Restructuring

Rob is regularly instructed by insolvency practitioners and directors in difficult insolvency-law litigation. The 2023 Chambers Bar Guide described him as “noted for his expertise in claims brought against directors”.

Recent cases

  • Rendle v Panelform [2020] EWHC 2655 (Ch), [2021] BCC 203, [2021] BPIR 31: representing a trustee in bankruptcy at a trial of an unusual transaction-defrauding-creditors claim, which led to the court unwinding the sale of a business (sole counsel)
  • Defending a multi-million-pound transaction-defrauding-creditors claim (sole counsel)
  • Poole v Hinton [2019] EWHC 2331 (Ch): representing the applicant in a challenge to £21m proof of debt (sole counsel against silk)
  • Representing shareholders petitioning for the winding up of a company on just and equitable grounds (sole counsel)
  • Interactive Digital Systems Ltd v VST Enterprises Ltd[2021] EWHC 887 (Ch): representing the same shareholders in a linked administration application (sole counsel)
  • 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)
  • Representing a claims funder in a £2m+ wrongful-trading and misfeasance claim arising from the avoidance of import VAT (leading Joe Millington)
  • Representing an applicant in a successful challenge to a refusal by liquidators to assign a claim (sole counsel)

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 and Confidentiality

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

Rob’s complementary company-law practice means he is well-suited to cases involving directors. He was recommended in the 2023 Chambers Bar Guide for restrictive covenant claims and disputes concerning directors’ duties.

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)
  • Defending five employees and their new employer against an application for a springboard injunction (sole counsel)

Commercial Fraud and Asset Tracing

Rob has experience of a wide variety of commercial fraud cases, particularly cases of fraud by directors or employees. He is an experienced trial advocate and cross-examiner, and experienced in prosecuting and defending applications for freezing injunction and other interim relief.

Recent cases

  • Representing an engineering company in a £2m+ corporate fraud and asset tracing claim (sole counsel)
  • Prosecuting a committal application against a rogue director of a social media company
  • Representing two company directors facing a short-notice application for a freezing order (led by John Randall KC)
  • Rendle v Panelform [2020] EWHC 2655 (Ch): representing a trustee in bankruptcy at a trial of an unusual transaction-defrauding-creditors claim, which led to the court unwinding the sale of a business (sole counsel)

 

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), [2021] BCC 203, [2021] BPIR 31: trial of a transaction-defrauding-creditors claim

Poole v Hinton [2019] EWHC 2331 (Ch): successful challenge to a £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, University of Cambridge (Trinity Hall), 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

“Robert has good advocacy skills both in court and at mediation and excellent written opinions and never sits on the fence.” Legal 500 2023

“Robert’s style is to be calm and measured. His arguments (oral and written) are extremely well-structured, thorough, and effective. He delivers all the work to deadlines and consistently produce excellent written documents and robust oral advocacy. He is a go-to candidate for all commercial litigation work.” Legal 500 2023

“Robert is very calm and measured in court.” Chambers & Partners 2023

“As an advocate, he is in command of the law, in command of the facts and in command of the court. Judges and clients know it so he gets results from the court and accolades from the client.” Chambers & Partners 2023

“Robert is an excellent opponent. His pleadings are very sharp and he is very commercial.” Chambers & Partners 2023

“He is a precise and clinical advocate.” Chambers & Partners 2023

“Very intelligent and considered. You always get a decision as opposed to a discussion of the problem.” Legal 500 2022

“Robert has a forensic eye for detail and is razor sharp on matters of law. However, this is coupled with an approachable and reassuring manner, which makes him extremely easy to work with, both for solicitors and clients alike.” Legal 500 2022

“He’s very approachable, has great rapport with clients and his preparation is meticulous.” Chambers UK 2022

“A very robust and engaging advocate.” Chambers UK 2022

“He has meticulous attention to detail and a quick analytical brain, coupled with an ability to consider the bigger picture and understand the commercial implications for the client.” Chambers UK 2022

“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 2020

“He is easy to deal with and extraordinarily bright.” Chambers UK 2020

“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 2020

“Very bright, very intelligent and very knowledgeable.” Chambers UK 2020

“He is thoughtful and brilliant – a man to go to for advice on complex and technical legal disputes.” Chambers UK 2020

“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 2020

“Incredibly hardworking and very grounded.” Legal 500 2019

“Ferociously intelligent; he punches above his weight.” Legal 500 2019

“He is thoughful and brilliant – a man to go for advice on complex and technical legal disputes.” Legal 500 2019

“He is a very academically gifted counsel, who is at home as a sole advocate against more senior adversaries as he is part of a team.” Chambers UK UK 2019

Languages

English

Robert Mundy

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