Robert-Jan Temmink

• Acting in a claim against an air transport services company for breach of an aircraft leasing agreement involving issues of jurisdiction, arbitration clauses, determination of fair market value
• Acting in a claim arising out of an aircraft finance and purchasing
• Acting for a national airport authority in a wide variety of contractual claims arising out of their airside and also landside arrangements with a number of different organisations
• Advising in aircraft maintenance disputes and regulatory matters
• Advising in respect of a common law and contractual lien exercisable by a maintenance party over aircraft in respect of which debts had accrued
• Advising in a number of aircraft finance and leasing disputes
• Acting in a claim against an air transport services company for breach of an aircraft leasing agreement involving issues of jurisdiction, arbitration clauses, determination of fair market value
• Acting in a claim arising out of an aircraft finance, purchasing and re-purchasing agreement
• Acting for a national airport authority in a wide variety of contractual claims arising out of their airside and also landside arrangements with a number of different organisations

• Advising in Canada in a claim against a large Canadian bank for losses sustained in a repossession action
• Advising a hedge fund in an LCIA arbitration over a variety of matters arising in the Middle East
• Acting in the matter of an ICC arbitration involving Italian, UK and US companies for damages arising out of a variety of contractual arrangements in the sum of US£350m
• Advising in an LCIA arbitration involving issues of Shari'ah law, foreign exchange transactions and forum conveniensActing in the Commercial Court in multi-million pound proceedings for a director of a hedge fund, joined to the proceedings as a Third Party, in a claim brought by the fund against its bankers for breach of mandate, breach of contract and negligence, and in related proceedings against the fund's former legal advisers for negligence
• Joint author of chapter on Dispute Resolution in the context of Financial Services Regulation in the 2010 LexisNexis Special Report
• Acting in a claim against a commercial institution for recovery of sums due under bridging finance, involving a variety of regulatory and statutory issues and a trust claim arising out of an alleged settlement
• Advising in a substantial professional negligence action against a claimant's former solicitors and barrister in a financial services matter

Robert acts in a wide range of contractual, partnership and regulatory issues. Examples include:

• During 2003 to 2007 he appeared as Junior Counsel for Ruttle Plant Hire Ltd in its successful multi-million pound contractual claim against the Secretary of State for Environment, Food and Rural Affairs over the mounts due to Ruttle in respect of the clean-up operation in which Ruttle was involved following the 2001 outbreak of Foot and Mouth Disease (FMD). The case involved, amongst other things:
  • various issues of contractual interpretation and account valuation (see [2004] EWHC 2152 (TCC))
  • the application of the Late Payment of Commercial Debts (Interest) Act 1998 and the Housing, Grants, Construction and Regeneration Act 1996 (see [2004] EWHC 2152 (TCC))an issue over the recoverability by a corporate party to litigation of its internal litigation costs (see [2007] EWHC 1633 (QB))
• During 2006 he acted against the Secretary of State (DEFRA) in two further similar actions, one arising out of FMD and the second out of the earlier outbreak of Classical Swine Fever (CSF). The latter action continues in 2009 and has so far resulted in
  the interim recovery of over £3 million; two trials of preliminary issues (see [2006] EWHC 3426 (TCC)) and [2008] EWHC 730 (TCC))
• an intervening judgment on the application of the principle in Henderson v Henderson to amendments to statements of case which DEFRA unsuccessfully attempted to appeal to the Court of Appeal (see [2008] EWHC 238 (TCC) and [2009] EWCA Civ 97 (CA))
  a successful appeal to the Court of Appeal by Ruttle over the interpretation and application of the interest provisions in the Late Payment of Commercial Debts (Interest) Act 1998 and the Supreme Court Act 1981 (see [2008] EWHC 730 (TCC) and [2009] EWCA Civ 97)
• In a fourth claim against the Secretary of State (DEFRA), Robert appeared as Junior Counsel with Andrew Spink QC at a succession of hearings during 2007 to 2009 in a claim to set aside a mediated settlement of a commercial dispute on the grounds of economic duress which raised issues concerning the validity of a purported assignment of an insolvent company's causes of action (see [2007] EWHC 2870 (TCC) and [2008] EWHC 238 (TCC));
• important and ground-breaking issues of implied waiver of legal professional privilege (see [2008] EWHC 3079 (TCC)); the extent to which what happens at a mediation is covered by confidentiality, the without prejudice cloak or is otherwise privileged, whether the parties can agree between themselves to waive any confidentiality or privilege in the mediation and whether (and if so, in what circumstances) the mediatory can be compelled by one of the parties to give evidence about events at the mediation (see [2009] EWHC 1102 (TCC))
• Acting in a commercial property dispute arising out of a joint venture agreement between directors of a number of companies in two large international business groups. Dealing with issues of fraud, accounting principles, planning applications, valuation of properties and companies
• Acting successfully for the Vice-President of a significant US company in a dispute with her employer in New York and thereafter in related proceedings against an unregulated legal adviser in the UK
• Acting in the Commercial Court for a state-owned oil and gas company disputing the UK Court's jurisdiction in a dispute over oil and gas supplied by ship-to-ship transfer in international waters
• Acting for the partners of a well-known estate agency firm against a former partner in proceedings to recover sums paid in breach of trust
• Acting in a dispute breach of trust case for an Iranian national, domiciled in the USA, disputing the UK Court's jurisdiction, involving issues of limitation, res judicata, issue estoppel and various equitable principles
• Acting in the Commercial Court in multi-million pound proceedings for a director of a hedge fund, joined to the proceedings as a Third Party, in a claim brought by the fund against its bankers for breach of mandate, breach of contract and negligence, and in related proceedings against the fund's former legal advisers for negligence
• Acting for a Promoter and Administrator of a tax-saving scheme in a class action brought by members of a Limited Liability Partnership for professional negligence
• Acting in the Commercial Court for a number of insureds against their insurer for breach of contract in failing to indemnify the insureds in respect of legal fees, costs and expenses covered by the employers' liability clauses of the policy. The case involves issues of construction, unfair contractual terms, implied terms and estoppel
• Acting in the UK for a minority shareholder and former director, resident in the US, in an unfair prejudice petition against the company and his former co-directors and shareholders
• Advising in the Alstom Securities Litigation in the USA, primarily on issues of insurance law
• Acting in the Dubai International Financial Centre Courts for shareholders in an unfair prejudice claim against a DFSA-regulated investment company for relief including a capital reduction and for permission to bring derivative action claims against a number of companies and individuals

• Acting in the Commercial Court for a state-owned oil and gas company disputing the UK Court's jurisdiction in a dispute over oil and gas supplied by ship-to-ship transfer in international waters

Robert has been involved in a number of cases with an insolvency element, either acting for Receivers or Insolvency Practitioners, or for shareholders in actions involving insolvent companies:

• Gupta v Candeo Ltd (In Liquidation)
  Insolvency – shareholder dispute – unfair prejudice claims
• Wiederkehr & Wiederkehr v Diwan Capital (In Liquidation) [CFI20/2010] DIFC Court
  Insolvency – shareholder dispute – whether proceedings should be in public or private – unfair prejudice claims
• Faya Ltd (In Liquidation) v Omar Shaukar Butt [2010] EWHC 3461 (Ch)
  Fraud - shareholder dispute - relationship between freezing injunction and receivership
• Farm Assist Ltd (In Liquidation) v DEFRA (No. 2) (2009) BLR 399 (TCC)
  Economic duress - breach of contract - privilege in mediations
• Farm Assist Ltd (In Liquidation) v DEFRA (2009) BLR 80 (TCC) 
  Assignment of causes of action by liquidator - economic duress – mediation
• (1) ICE Media International Ltd (In Liquidation) (2) Blue Point Media Ltd (In Liquidation) v Q3 Media Ltd [2006] EWHC 1553 (Ch)
  In relation to an application by a company's prospective creditors for an administration order over the company, although the court was satisfied that the company was unable to pay its debts, it was not satisfied that an order was likely to achieve the purpose of administration as the company was subject to an interim receiving order under the Proceeds of Crime Act 2002 s.246 and it was likely that all the company's assets were recoverable property and not available to creditors.

• Advising in the Alstom Securities Litigation in the USA, primarily on issues of insurance law
• Acting in the Commercial Court for a number of insureds against their insurer for breach of contract in failing to indemnify the insureds in respect of legal fees, costs and expenses covered by the employers' liability clauses of the policy. The case involves issues of construction, unfair contractual terms, implied terms and estoppel

• Acting in the matter of an ICC arbitration involving Italian, UK and US companies for damages arising out of a variety of contractual arrangements in the sum of US£350m
• Advising in an LCIA arbitration involving issues of Shari'ah law, foreign exchange transactions and forum conveniens
  Acting in the matter of an application under the Arbitration Act to the Commercial Court for determination of various issues arising out of an arbitral panel's correction of an award in an ICC arbitration
• Advising a hedge fund in an LCIA arbitration over a variety of matters arising in the Middle East
• Advising and acting for a substantial UK company in an ICC arbitration in a dispute with a well-known US company in matters concerning repudiation of contract, limitation of liability clauses, entire agreement clauses and liquidated damages claims
• Acting in a commercial property transactions as Counsel to one of the parties in a mediation in the IDRC involving multi-jurisdictional issues
• Acting in the Commercial Court in multi-million pound proceedings for a director of a hedge fund, joined to the proceedings as a Third Party, in a claim brought by the fund against its bankers for breach of mandate, breach of contract and negligence, and in related proceedings against the fund's former legal advisers for negligence (settled at mediation)
• Able to accept nominations as Arbitrator at the Dubai International Arbitration Centre and a TECBAR Dispute Resolution Board Member, Mediator and Arbitrator
• Sitting as sole arbitrator in an ICC arbitration with its seat in London between companies based in Hong Kong and Saudi Arabia

• ADR Group accredited mediator
• Acting in a commercial property transactions as Counsel to one of the parties in a mediation in the IDRC involving multi-jurisdictional issues
• Acting in the Commercial Court in multi-million pound proceedings for a director of a hedge fund, joined to the proceedings as a Third Party, in a claim brought by the fund against its bankers for breach of mandate, breach of contract and negligence, and in related proceedings against the fund's former legal advisers for negligence (settled at mediation)

Robert has acted in a wide variety of negligence matters against actuaries, receivers, investment advisers, solicitors, accountants and commercial property valuers. Examples include:

• Acting for a leading financial institution in a large number of cases involving negligence on the part of the institution's valuers of commercial and residential property
• Acting for a Promoter and Administrator of a tax-saving scheme in a class action brought by members of a Limited Liability Partnership for professional negligence
• Acting for a Patient in the pursuit of her former legal advisers for damages arising out of lost interest caused by the legal advisers' negligence in failing adequately to progress her claim
• Advising in a substantial professional negligence action against a claimant's former solicitors and barrister in a financial services matter