Bobby Friedman

Civil fraud and asset recovery

Bobby is a leading civil fraud junior, who is highly-regarded in the industry, and much in-demand. He has an extremely busy civil fraud practice, and has been instructed in many of the most significant fraud claims, both in England and Wales and in other jurisdictions, in recent years.

Bobby has extensive experience of fraud claims that are of extremely high value (including claims worth a number of £billions), and of great complexity, including claims that raise issues in multiple jurisdictions, and that raise questions of foreign law.

Bobby regularly appears as sole counsel or leading a junior, including against silk and junior teams, as well as being part of a larger team where required by the demands of the dispute.

Bobby is also very experienced in obtaining – or opposing – interim remedies in support of fraud claims, including freezing and proprietary injunctions, and Norwich Pharmacal orders.

Recent cases include:

• Acting (leading Tara Taylor) for the Defendants in a €100 million Commercial Court fraud claim alleged to relate to the collapse of the Steinhoff Group in South Africa (ongoing).
• Acting for the Respondents in a $120m LCIA arbitration concerning an alleged fraud relating to an investment in a medical technology company (ongoing).
• Acting as sole counsel in a £30 million High Court fraud claim concerning sums said to have been stolen from a City brokerage (judgment successfully obtained against two Defendants in full; claim against a further Defendant is ongoing).
• Acting (in the ADGM) in a dispute worth $350m concerning the enforceability of a guarantee, in the context of the high-profile NMC fraud (trial to take place in 2023)
• Bonafide v Morais: joint venture dispute in the BVI involving serious allegations of dishonesty. Worth many hundreds of millions of dollars. Settled (in 2022) shortly before a nine-week trial.
• As sole counsel against a silk and junior team, successfully obtaining fortification of a freezing injunction in the Commercial Court in relation to a £50m fraud claim (Claimants Listed in Schedule 1 v Spence [2021] EWHC 925 (Comm)).
• Acted as sole counsel for a defendant resisting a major Commercial Court fraud claim worth over £1 billion.
• As sole counsel in a number of separate High Court fraud claims arising out of email “phishing” attacks. These include: Solid property v Singh [2018] 3 WLUK 589, where Bobby successfully obtained and held a freezing injunction; and the high-profile Rijksmuseum Twenthe v Simon C Dickinson.
• Successfully acting (led by Alan Gourgey KC) in an LME arbitration arising from a fraud in Qingdao, China.
• Acting as sole counsel for a Kazakh bank in a Commercial Court fraud claim (ongoing).
• Acting as sole counsel for the claimant in a Commercial Court claim for conspiracy against private equity investors.
• A major Commercial Court claim for a client seeking damages in deceit and unlawful means conspiracy. Bobby was part of a team that successfully obtained a number of freezing injunctions (Gerald Metals v Timis [2017] EWHC 1375).
• BVI proceedings concerning whether a trust of shares in a high-profile Ukrainian company was a fraud.

Download Civil fraud and asset recovery CV

Insolvency

Bobby has a busy insolvency practice and has acted in a number of high-profile and difficult cases. He is also a contributing author of Kerr & Hunter on Receivers and Administrators and has been published in International Corporate Rescue.

Recent and ongoing cases of note include:

• Acting in a $350m claim in the ADGM relating to the insolvency of the healthcare group NMC (trial due to take place in 2023).
• Acting as sole counsel for the applicant, seeking to set aside a CCA in the BVI (equivalent to a CVA); the first such challenge to be brought in the BVI (ongoing).
• Acting as sole counsel on a High Court appeal in relation to the making of a winding up order, involving jurisdictional issues (ongoing).
• Successfully opposing applications to set aside statutory demands in respect of very substantial debts arising from sums advanced to an investment company (MBU v Gulfberg [2021] EWHC 93 (Ch); MBU v Proton [2021] EWHC 93 (Ch)).
• Acting as sole counsel for the Claimant in a claim concerning the insolvency of a Kazakh company (ongoing).
• Acting for the liquidators of a substantial company brining claims against the former director.
• Representing the administrators of Force India defending a very substantial Chancery Division claim concerning the sale of the Formula One team’s business and assets.
• Acting as a junior in Re ARM Asset Backed Securities, a significant High Court insolvency claim concerning the distribution of assets on the insolvency of a bond provider, which settled immediately prior to trial in 2017.
• Successfully acting for a fixed charge-holder resisting an injunction sought against a receiver, and then obtaining the appointment of an administrator on a contested application (Re SS Agri Power Limited [2017] EWHC 2431 (Ch)).
• Re Carlos Chang Abate. Bobby acted for the Chilean liquidator following the bankruptcy of a well-known Chilean businessman amidst allegations of a widespread international “Ponzi” type fraud, perpetrated within the Arcano Group, in Chile, the US and the BVI. Bobby obtained recognition of the Chilean bankruptcy in the UK (thought to be the first such order ever to be obtained).
• Acting for an IP in a High Court dispute concerning the transfer of appointments.
• Successfully obtaining, in the High Court, an order declaring a notice of intention to appoint an administrator as being of no effect.
• Acting as sole counsel for a major creditor of a company, appealing the liquidator’s decision on its proof of debt.
• Re Leyton Orient: Advising and appearing for the fans’ trust in respect of the potential insolvency of this well-known football club.
• Successfully obtaining judgment in favour of an IP in claims against a company director.
• Successfully resisting the appointment of a liquidator.

Download Insolvency CV

International arbitration

Bobby has a very busy arbitration practice. He is instructed in a wide range of arbitral matters, including numerous LCIA, ICC and LME arbitrations. Bobby’s work in arbitrations covers all stages of proceedings, from the pre-action stage through to the hearing itself, and enforcement after successfully obtaining an Award.

Although the details are mostly confidential, the type of work Bobby has recently been involved in includes:

• Acting for the Respondents in a $120m LCIA arbitration concerning an investment in a medical technology company (ongoing).
• Acting (being led by Alan Gourgey KC and leading Jia Wei Lee) in an LCIA arbitration concerning a major commercial dispute relating to a Russian mine, worth many hundreds of millions of dollars.
• Successfully acting (led by Alan Gourgey KC) in an LME arbitration arising from a fraud in Qingdao, China.
• Acting in a series of significant LCIA arbitrations concerning CIS fraud claims worth many hundreds of millions of pounds (with connected ICAC arbitrations).
• Successfully resisting the enforcement of an arbitration award worth some $3 billion, in the Commercial Court: Gazprom v Naftogaz [2019] 2 Lloyd’s Rep. 20.
• Successfully acting in an LME arbitration concerning the non-delivery of copper concentrate in a high-value dispute.
• Acting as sole counsel in an arbitration worth approximately £30 million concerning the construction of a number of ships.
• Acting as sole counsel in an ICC arbitration concerning a contractual dispute worth £5 million.
• Acting for a FTSE 100 company in a two-week hearing concerning a dispute as to whether a commercial contract could be terminated.
• Advising in respect of an anti-suit injunction, and applying for a stay of proceedings in Sierra Leone, for a dispute governed by an arbitration award.
• Obtaining freezing injunctions in support of arbitration proceedings.
• Acting in enforcement proceedings relating to an LCIA award.
• Successfully applying for and obtaining a stay of proceedings in favour of an arbitration in Washington state.

Download International arbitration CV

Joint venture and partnership disputes

Bobby is frequently instructed in extremely high-value and complex shareholder disputes. A number of his cases involve an international element. He has substantial experience of unfair prejudice petitions.

Recent examples of shareholder and partnership disputes include:

• Bonafide v Morais: joint venture and unfair prejudice dispute in the BVI worth many hundreds of millions of dollars, relating to businesses in Hong Kong. Settled (in 2022) shortly before a nine-week trial.
• Leading Benjamin Slingo, acting for the Defendants in a £20m Commercial Court claim that alleges breaches of a joint venture agreement (ongoing).
• Successfully setting aside interim injunctions obtained in the context of a joint venture dispute: Meadow Designs Ltd v Rishco Leisure Ltd [2022] EWHC 2211 (Ch).
• Acting for the Respondents in a $120m LCIA arbitration concerning a shareholder dispute relating to an investment in a medical technology company (ongoing).
• Successfully acting for the Claimants in a four-week High Court trial of a shareholder dispute: Dalkilic v Pekin [2021] EWHC 219 (Ch). Successfully obtained declarations at trial as to ownership of a £50m company, and then worked on a subsequent unfair prejudice petition.
• Acting (being led by Alan Gourgey KC and leading Jia Wei Lee) in an LCIA arbitration concerning a major shareholder dispute relating to a mine, worth many hundreds of millions of dollars.

Download Joint venture and partnership disputes CV

Art and cultural property

Bobby is one of the only juniors at the UK bar to be ranked by both Chambers and Partners and Legal 500 for art and cultural property disputes.

He specialises in art and commercial property disputes with a commercial element. His cases are often difficult and hard-fought. Many have a high profile.

Recent cases of note include:

• Acting as sole counsel for the defendants (against two silks and a junior) in a High Court dispute worth in excess of £15m, concerning joint venture agreements relating to the artworks of Robert Indiana.
• Acting as sole counsel against a silk and junior team in a high-value Chancery Division dispute concerning the termination of a commercial agency, in relation to the works of Sir Frank Bowling.
• Rijksmuseum Twenthe v Simon C Dickinson. Acting as sole counsel for the Defendant in a Commercial Court claim concerning payment for a Constable painting. Payment was made by the purchaser to a fraudster, rather than to the seller. The purchaser (the Museum) sought to hold agent for the seller responsible for the loss.
• Acting as sole counsel in the High Court in opposition to a claim for delivery up of various artworks by a company run by the sculptor Dale Chihuly.
• Acting as sole counsel for the Defendant in a High Court claim brought by the artist Santiago Montoya, who claimed that his contract was an unreasonable restraint of trade. The dispute was worth at least £15m-£20m.

Download Art and cultural property CV