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Biography Robert Hickmott has been active in financial, fraud and restructuring based litigation for over 20 years and has, over that period, represented the full range of stakeholders in defending and pursuing claims and resisting/enforcing judgments.
Robert has particular experience of representing clients in international litigation, and has managed proceedings in the major jurisdictions. He has acted for high net worth individuals bringing claims against banks and other institutions and defended bank enforcement actions. Robert has particular experience of bringing and defending proprietary (trust) claims in insolvency situations and advising on issues arising out of the trading of distressed debt, including evaluating the value of litigation rights within an insolvent estate.
In addition, Robert has significant experience of civil and criminal fraud claims including successfully overturning Restraint Orders obtained by the SFO and successfully defending UK citizens in criminal proceedings in Turkey.
Legal 500 rates Robert as "smart and extremely commercial". Chambers says, "He really knows his stuff", while peers relish the "sensible way" in which he approaches settlement negotiations.
Notable Representations Representing the Liquidators of Stanford International Bank in UK litigation relating to the priority of insolvency officeholders and entitlement to control of the insolvent estate. This included dealing with proceedings commenced by the SFO and SEC relating to the characterisation of the bank's assets in the UK as proceeds of crime (and the restraint and freezing orders which this entailed). Robert had conduct of an application to vary or discharge a Restraint Order made under the Proceeds of Crime Act and a subsequent appeal before the Criminal Division of the Court of Appeal against the first instance judgment for refusing to vary or discharge. The Court of Appeal was persuaded to discharge the original order on the basis that the SFO had made misrepresentations and was guilty of material non-disclosure in obtaining the original order.
Representing the Public Prosecutor of an Italian municipality in connection with criminal claims against four investment banks, involving letters of request to the UK government for production of documents by the banks via an SFO, s. 2 notice. This case is ongoing and involves a judicial review hearing.
Acting for various classes of creditors in relation to numerous high profile restructurings and disputes under inter-creditor deeds.
Acting for a major clearing bank in connection with an SFO investigation into alleged fraudulent activity by a high net worth customer.
Acting for various hedge funds in relation to trading and other disputes with counterparties and stakeholders, including advising on prime broker claims, close out and valuation issues and assessing the value of litigation rights in insolvent estates.
Representing the German officeholder of Hans Brochier in the successful application to the English Court for a reversal of a determination that the company’s COMI was in England.
Acting for HM Government in making an emergency application to Court in order to put the owner/operator of the UK rail infrastructure, Railtrack, into Special Railway Administration, and advising HM Government on issues arising in the Administration.
Advising creditors in relation to potential challenges to pre-pack administrations (various companies).
Acting for high net worth individuals in bringing claims against various financial institutions.
Advising an investment bank in relation to a significant European telecoms insolvency, and advising on issues surrounding the trading of debt and claims.
Representing an investment bank in relation to a dispute arising out of a distressed debt trade.
Acting for the liquidators of a Fund in bringing a significant claim against its investment managers for mismarking assets and fraud.
Acting for a syndicate of insurers in relation to a broker's insolvency, in a dispute relating to the status of premium monies held by the broker at the time of the insolvency.
Representing a large corporate in litigation against a spread betting company arising out of the theft of monies from the corporate by an employee, which were subsequently gambled and lost with the spread betting company.
Representing the receivers of an arms dealer in substantial litigation relating to unpaid commission.
Acting for the TXU conflict administrator on disputes between corrected companies in the TXU group relating to a significant transaction effected shortly before the administration.
Representing the administrators of an Enron company in relation to litigation arising out of gas trading and involving complex netting off issues.
Representing a UK clearing bank in relation to set-off issues arising out of Chapter 11 of Regus plc, including instigating and overseeing a successful court action in New York.
Acting for the administrators of Polly Peck, including conducting litigation in various jurisdictions, and successfully defending criminal proceedings brought in Turkey against the administrators.
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