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Robert Bourne M.A.
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Robert Bourne was educated at St. Peter's College, Oxford and called to the Bar in 1978 by Gray's Inn.
He became a tenant at 9, Stone Buildings in 2006 after practising in commercial chambers at 4 Field Court and then at 199 Strand.
He has a broad Chancery and Commercial practice.
He has particular experience of professional negligence claims in all areas of contentious and non-contentious work including actions arising from defective advice about valuation, tax, company formation and flotation and in relation to the preparation for, conduct and settlement of actions in Court, and Arbitration.
He has a special interest in claims concerning works of fine art, notably those brought by and against international auction houses, and has acted in actions relating to forged antique furniture, professional negligence of auctioneers, sales of furniture, paintings, sculpture, diamonds and fine wines.
His work also embraces banking, bills of exchange, international carriage of goods, consumer and commercial credit, construction contracts, fraud, landlord and tenant, money laundering, sport law, real property and sale of goods.
He was an assistant editor of the County Court Practice between 1992 and 1999 and a member of the Editorial Board of the Civil Court Practice responsible for the titles Access to Neighbouring Land, Admiralty, Consumer Credit and Sale of Goods.
Robert Bourne represents clients as an advocate in court, arbitrations and at mediations. He is licensed for Direct Public Access work and is a member of the Bar's Pro Bono Panel.
Professional memberships:
- Chancery Bar Association
- London Commercial Law and Commercial Bar Association
- Professional Negligence Bar Association
- South Eastern Circuit
- Welsh Commercial Law Association
Representative Cases
- Peter Smith J in Attorney General of the Republic of Zambia v Meer Care Desai & Others [2007] EWHC 952 (Ch), "Former Zambian Government officers had conspired with others to fraudulently misappropriate monies that belonged to Zambia, and two solicitors' firms in England were liable for dishonest assistance in the misappropriation of some of those monies."
- Attorney General of Zambia v Meer Care & Desai & Others [2007] EWHC 1540 (Ch); Peter Smith J. The court determined a number of consequential matters, including credit for recoveries against liabilities, claims for compound interest, the impact of a failure to mediate on orders for costs, contribution, permission to appeal and stay of enforcement, identified in an earlier judgment where it held that there had been a conspiracy fraudulently to misappropriate Zambian Government money. The successful Claimant failed to recover all its costs because of a refusal to engage in mediation.
- Cooke J in Reass SARL v Markel International Insurance Co Limited LTL 18/12/2007 - "Unless the parties to an action had intended that a settlement should not become binding until a confidentiality clause had been agreed, an agreed settlement would not be rendered unworkable or void for uncertainty by a subsequent failure to agree the exact terms of the clause."
- Goldman Sachs v de-Laurey [2003]. Acted on freezing order against Defendant subsequently convicted of stealing funds from partners in merchant bank.
- Blake v Bray Walker [2001] Blackburne J. Acted for solicitors on wasted costs application against solicitors and Legal Services Commission. Whether a solicitor is under an obligation to disclose the existence of an LSC embargo on further spending notwithstanding existence of full legal aid certificate. Application dismissed.
- Mubarak v Mubarak [2000] Blackburne J. Can an Administration Order be rescinded on the grounds that it is an abuse of the process? Can the Administration be transferred to the Family Division.
- Sturgess v Wharmby [1999] Scott-Baker J. Whether bonus payable by Aberavon RFC to players upon promotion to Premier Division of Welsh RFU.
- Fox v Fox [1999] Court of Appeal Whether Mareva injunction should be discharged because of failure to make provision for living expenses.
- Westlake v J.P. Cave [1998] Ebsworth J. To what extent are the benefits of mitigation to be brought into account in professional negligence action?
- Re Rae [1995] B.C.C. 102 Is a licence under the Sea Fish Conservation Act "property" for the purpose of the Insolvency Act?
- Bank of Scotland v Grimes [1985] Q.B. 119 (CA) Endowment mortgages and the impact of the Administration of Justice Acts 1970 and 1973.
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