Bio

Fraser Robertson is a partner and Group Head of the Dispute Resolution department in Jersey. Fraser also sits on the Group´s Global Management Committee Board. He 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.

Most recently he was referred to as being “superb” by Legal 500 2016 and that he is someone who “has the gravitas necessary to manage the expectations of demanding clients.´” Fraser was praised for his “immense knowledge and understanding of trusts and trustees” by Legal 500 UK 2013 and was described as “forceful in argument” by Legal 500 UK 2012.

Chambers UK 2017 highlights that Fraser attracts acclaim for his “unflappable style” and “intuitive understanding of the role of the advocate in court.” Clients reveal that in the courtroom setting he is able to “steer through because of his sound academic understanding and very good technique.” Chambers UK 2016 recommended him for “providing very robust advice and guidance in a very timely fashion, which is very important in tight timeframes”. By the same directory, a source also said Fraser is “extremely good at picking up complex cases and will take the time to research and explore all the areas.” He was named as a ´Leader in his Field´ by Chambers UK 2015 and praised for his ability to “combine a deep knowledge of trust law and an incisive tactical mind with a friendly demeanour”. Chambers UK 2014 recognised Fraser as a notable practitioner and clients have praised him for his “excellent courtroom manner”. Chambers Global 2013 ranked Fraser as a ´Leading Individual´ with one interviewee commenting “I´d pick him out as an all-around sound practitioner and strong advocate”. Chambers Global 2012 praised Fraser for his years of experience in civil fraud. Fraser was named as a ´Leader in his Field´ by Chambers UK 2012. He was also named as a ‘Leader in his Field’ by Chambers Europe 2011 and 2010.

Fraser was listed as a top lawyer in Who´s Who Legal: Asset Recovery 2015 and noted as a “trusted adviser” to a number of companies and individuals in the asset tracing and recovery market.

He is listed as a Citywealth Leader 2016 following his 2015, 2014, 2013, 2012 and 2011 recognitions. Fraser was recognised in both the ‘Lawyers’ and ‘Contentious Trusts – Prominent Figure’ categories. According to Citywealth 2016, a client said “My consistent experience of Fraser is that he is an intelligent, careful and conscientious practitioner. He has both an eye for forensic detail and a clear focus on broader strategic concerns – a powerful combination that enables him to add considerable value to any team of litigators.”

He has contributed to various publications, including the Jersey Law Review. Fraser is a keen speaker at international seminars and conferences, particularly on trust litigation matters.

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.

 

Expertise:

Some recent examples of work include:

  • 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

 

Education:

Durham University (England)

Guilford College of Law (England)

“[Fraser] is extremely good at picking up complex cases and will take the time to research and explore all the areas.”

Chambers UK
2016

Publications

Publication
24 May 2019

Reflections on the Transcontinental Trusts Conference 2019

Fraser Robertson, Partner in Dispute Resolution in Jersey, Esmond Brown, Senior Associate in the PC&T Team in Cayman and Melissa Wong, Associate in the PC&T Team in the Isle of Man, attended the Trans...

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