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Robert Cumming

Call 2010

"An exceptional advocate"

Chambers UK 2024
Contact Robert
+44 (0)20 7822 1200
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Expertise

Robert has significant experience in defending high profile private international law group actions brought in the English Courts by foreign claimants against multinational corporations. Robert, led by Neil Moody KC, acted for the defendant mine in Sierra Leone (both at first instance and in the Court of Appeal) in the landmark case of Kadie Kalma & ors v African Minerals Ltd [2020] EWCA Civ 144.

His international practice goes beyond Africa and has involved disputes from the Channel Islands to the BVI, and from the Isle of Man to Dubai.

Notable Private International Law & Travel cases

Kadie Kalma & Ors v African Minerals Ltd [2020] EWCA Civ 144

Robert, led by Neil Moody QC, successfully represented (both at the original trial and before the Court of Appeal) the defendant mine in Sierra Leone in respect of a claim by 142 residents arising out of the mine’s alleged collusion with the local police who acted with unjustified violence during two public order incidents. This landmark case attracted significant international press attention and is understood to be the first time that the English High Court conducted part of a hearing outside of the jurisdiction (2 weeks of the trial were held in Sierra Leone, during which time Robert cross-examined various witnesses), and involved the unprecedented creation of a confidentiality club and various anonymity orders in respect of witnesses on the basis of subjective fears alone. The Court of Appeal decision is a leading judgment in respect of the principles of intention in common design, and the duty of care for acts of third parties in negligence.

Suetta v (1) Auld (2) MIB (ongoing)

Robert, led by Howard Palmer QC, acts for the claimant in a multi-million pound personal injury claim proceeding before the Supreme Court of Gibraltar (Robert having been called to the Bar of Gibraltar as a result of this matter). This landmark case is understood to be the first time that such a significant injury is to be dealt with the by the Courts of Gibraltar.

Collyer v Mid Essex Hospital Services NHS Trust [2019] EWHC 3577 (QB)

Represented the successful defendant NHS Trust at trial in a surgical claim arising out of the alleged negligent performance of a laryngectomy which caused a bilateral hypoglossal nerve injury (resulting in an inability to speak or swallow). The judgment involves important considerations of the Popi M principle, burden of proof and res ipsa loquitur in a clinical negligence context.

CP v V Ltd (ongoing)

Robert acts for the claimant in this landmark Jersey case considering the definition of disability in the newly introduced local disability discrimination legislation.

Le Provost (deceased) v (1) Moorat (2) MIB

Robert acted for the defendant in the matter proceeding in Guernsey concerning whether the estate of a deceased could make a “lost years” claim (there being no local equivalent of the Administration of Justice Act 1982).

Inquest touching upon the death of Elric Eiffert [2018]

Robert represented the family in this inquest before a jury arising out of the death of an epileptic man with learning difficulties who drowned in the bath in a care home. Robert successfully obtained a finding of neglect.

Atkins v Hidden Hearing [2017]

Robert (as sole counsel) acted for the respondent in both England and Jersey in a complex employment dispute, successfully challenging jurisdiction in England and then successfully invoking a limitation defence in Jersey.

Al-Khorafi v Vannin [2016]

Robert (as sole counsel) acted for the Al-Khorafi family in proceedings in Dubai in respect of a dispute arising out of a funding agreement in relation to underlying claims in relation to the miss-selling of various loan notes.

Robert is a clinical negligence specialist, and ranked as such for the third consecutive year by Chambers and Partners (2020); having long been recognised as being “really thorough, intelligent and very sharp” and “very good on his feet,” Robert is said, in latest edition, to be a “very impressive advocate” and “really helpful, efficient and quick.”

He is instructed in complex and high value matters across a vast array of medical issues and against opponents who are many years his senior. In this calendar year alone, he has successfully fought a number of trials, and recently successfully appeared in a 5 day High Court trial as sole counsel against a QC. Alongside the many surgical and birth cases which he is regularly instructed on, he has been instructed on numerous of the vaginal mesh claims that are presently being brought (and which are receiving significant publicity). He also continues to be retained by Optical Express in respect of the numerous ophthalmology claims being brought against it. Robert also has extensive experience at Inquests and regulatory and disciplinary work.

Notable Clinical Negligence cases

Collyer v Mid Essex Hospital Services NHS Trust [2019] EWHC 3577 (QB)

Represented the successful defendant NHS Trust at trial in a surgical claim arising out of the alleged negligent performance of a laryngectomy which caused a bilateral hypoglossal nerve injury (resulting in an inability to speak or swallow). The judgment involves important considerations of the Popi M principle, burden of proof and res ipsa loquitur in a clinical negligence context.

Lloyd v Liverpool Women’s Hospital Foundation Trust [2019]

Represented the successful Defendant Trust at trial in a claim concerning the allegedly negligent performance of an oophorectomy resulting in incomplete removal of an ovary.

Willmott v Royal Berkshire NHS Trust [2019]

Robert obtained a wasted costs order against the claimant’s legal representatives for pursuing a claim without the appropriate expert evidence on breach of duty.

Inquest touching upon the death of Elric Eiffert [2018]

Robert represented the family in this inquest before a jury arising out of the death of an epileptic man with learning difficulties who drowned in the bath in a care home. Robert successfully obtained a finding of neglect.

Yapp v The Royal Wolverhampton Hospital NHS Trust [2018]

Robert obtained a wasted costs order against the claimant’s legal representatives (in a claim that was discontinued on the eve of trial); an attempted appeal was unsuccessful at a subsequent oral hearing.

Watson v Alder Hey Children’s Hospital NHS Foundation Trust [2017]

Represented the successful Defendant Trust at trial in a urology claim arising out of the alleged negligent performance of a cystoscopy and re-catheterisation of a child with spina bifida.

Collins v Wirral University Teaching Hospital NHS Foundation Trust [2017]

Represented the successful Defendant Trust at trial in a cardiology claim arising out of the alleged negligent discharge of a patient who was admitted with heart failure.

Gomari v United Lincolnshire Hospitals NHS Trust [2017]

Represented the successful Defendant Trust at a preliminary limitation hearing in an orthopaedic claim arising out of the performance of bunion surgery.

Lopez v George Eliot Hospital NHS Trust [2017]

Represented the successful Defendant Trust at trial in an orthopaedic claim arising out of the alleged failure to identify and treat a hip CAM lesion whilst the Claimant was being treated for a fractured tibia and fibula.

Hawkins v York Teaching Hospital NHS Foundation Trust [2017]

Represented the 26 year old Claimant (as sole counsel against a QC) in a particularly financially complex quantum claim concerning the delayed diagnosis of SLE. The case recently settled a week before trial for a lump sum of £3million and periodical payments of £59,000.

Bouwmeester v Norfolk and Norwich University Hospitals NHS Foundation Trust [2016]

Represented the successful Defendant Trust in a nursing claim arising out of the alleged mismanagement by A&E nursing staff in respect of a patient admitted following an overdose.

Kownacki v Wirral University Hospital NHS Foundation Trust [2015] LTL 2/7/2015

Represented the successful Defendant Trust in a surgical claim concerning a damaged spleen after emergency treatment for a perforated duodenal ulcer.

Bond v Norfolk & Norwich University Hospitals NHS Foundation Trust [2015]

Represented the successful Defendant Trust in an A&E claim arising out of an alleged negligent failure to identify that the Claimant had appendicitis on an initial attendance at A&E.

Robert has a busy personal injury practice, and he is particularly sought after for work with an international element. In the past 12 months alone, he has been instructed on the largest ever injury claim in Gibraltar, a fatal accidents case in Guernsey, and in the seminal case of Kalma v African Minerals before the Court of Appeal.

He is one of a limited number of Barristers retained on a specific national insurer panel to deal with suspected fraudulent insurance claims; he has on numerous occasions succeeded in establishing findings of fundamental dishonesty.

He continues to be regularly instructed by the leading defendant insurer firms in this field, and against opponents many years his senior.

Notable Personal Injury cases

Kadie Kalma & Ors v African Minerals Ltd [2020] EWCA Civ 144

Robert, led by Neil Moody QC, successfully represented (both at the original trial and before the Court of Appeal) the defendant mine in Sierra Leone in respect of a claim by 142 residents arising out of the mine’s alleged collusion with the local police who acted with unjustified violence during two public order incidents. This landmark case attracted significant international press attention and is understood to be the first time that the English High Court conducted part of a hearing outside of the jurisdiction (2 weeks of the trial were held in Sierra Leone, during which time Robert cross-examined various witnesses), and involved the unprecedented creation of a confidentiality club and various anonymity orders in respect of witnesses on the basis of subjective fears alone. The Court of Appeal decision is a leading judgment in respect of the principles of intention in common design, and the duty of care for acts of third parties in negligence.

Suetta v (1) Auld (2) MIB (ongoing)

Robert, led by Howard Palmer QC, acts for the claimant in a multi-million pound personal injury claim proceeding before the Supreme Court of Gibraltar (Robert having been called to the Bar of Gibraltar as a result of this matter). This landmark case is understood to be the first time that such a significant injury is to be dealt with the by the Courts of Gibraltar.

Le Provost (deceased) v (1) Moorat (2) MIB

Robert acted for the defendant in the matter proceeding in Guernsey concerning whether the estate of a deceased could make a “lost years” claim (there being no local equivalent of the Administration of Justice Act 1982).

Richard Llewelyn v Christine Harvey [2019]

Robert successfully represented the defendant driver at trial notwithstanding that she had collided with the rear of the claimant’s van on a busy dual carriageway. Robert succeeded in establishing a finding of fundamental dishonesty on the part of the claimant for deliberately braking sharply in front of the defendant so as to induce an accident (as a result of road rage from an earlier altercation).

Richard Hewitt v Anthony Ryan (ongoing)

Robert is instructed on behalf of the defendant in a claim arising out of a road traffic accident which caused a catastrophic brain injury to the claimant. Liability remains firmly in dispute (notwithstanding that the defendant was performing a u-turn) given that the claimant was significantly over the drink drive limit, and was driving at over the double the speed limit in a residential area.

Allen & Young v Red Sea Holidays [2019]

Robert successfully represented the claimants in a claim arising out of serious injuries they sustained whilst on holiday in Turkey. The claim involved complex consideration of the Package Travel Regulations and specifically for whose actions the holiday company were responsible for.

Robert has a busy employment law practice in the full range of employment claims. He is an impressive advocate who acts for a wide range of both claimants (usually senior level executives) and respondents from public sector bodies to large international corporations. He is specialist in discrimination and whistleblowing claims and has a busy appellate practice. Robert is acutely aware that advice is often needed at short notice; he has developed a reputation for being able to deliver pragmatic advice within short timeframes and is retained by two PLCs to provide advice in relation to complex internal disciplinary and contractual matters (when a tribunal looks likely to arise).

He has extensive experience in High Court litigation arising out of the employment relationship and issues concerning restrictive covenants, team moves, breach of confidence and breach of fiduciary duty and the obtaining of injunctive relief (given his complimentary commercial litigation practice).

Notable Employment cases

CP v V (ongoing)

Robert acts for the claimant in this landmark Jersey Employment Tribunal case considering the definition of disability in the newly introduced local disability discrimination legislation.

PD v BL (ongoing)

Robert acts for a sales director of national holiday company dismissed for purported gross misconduct. Claim based on associative sex discrimination (alleged real reason for dismissal being his wife’s pregnancy). Significant issue as to whether sections 13 and/or 18 Equality Act 2010 must be construed in line with the EU Directive to cover such a situation.

LBP v ECC (ongoing)

Robert acts for an employed Barrister in an age discrimination claim following on from her dismissal purportedly for reason of redundancy.

SA (ongoing)

Robert is representing a teacher throughout highly sensitive disciplinary proceedings (who was framed by a former associate who subsequently committed suicide) and potential TRA proceedings.

AB v H Ltd (2018)

6 day trial. Complex sex discrimination and sexual harassment case. Settled during trial.

Privacy Policy

Robert Cumming Privacy Policy

My contact details:

ICO Reg No: Z3190641
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

© Briefed Ltd 2021. All Rights Reserved.

Contact Robert
+44 (0)20 7822 1200
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"An extremely personable individual who delivers excellent advice and levels of client service"

Chambers UK 2024

"A confident and erudite junior."

Legal 500 2024

"Incredibly intelligent"

Chambers UK 2023

"A powerful and forceful advocate with excellent attention-to-detail"

Legal 500 2023

"Astute, responsive and a skilled advocate and negotiator of the highest level."

Legal 500 2022

"...absolutely brilliant; he is a go-to employment barrister."

Legal 500 2022

"A solid performer who is always prepared to go the extra mile and is very dependable and reliable."

Chambers UK 2022

"Impressive and innovative - a strong advocate, a strategic and tactical genius and a practical and exceptional lawyer."

Legal 500 2022

"An amazing technical negotiator and litigator."

Chambers UK 2021

  • Sir Francis Goldsmid Law Scholar
  • Rebecca Flower Squire Scholar, Cambridge University
  • James William Squire Scholar, Cambridge University
  • Astbury Scholar & Harmsworth Exhibitioner, Middle Temple

  • BVC (Certificate of Honour)
  • MA, Cambridge University

  • PIBA
  • Guernsey International Lawyers Association

“He is excellent on his feet but also has a truly exceptional eye for detail.” “Rob is great with clients, provides a high level of detail and very tenacious.” “Robert is an exceptional advocate and is very quick on his feet. He offers pragmatic advice and is fantastic to work with.” “Robert is an extremely personable individual who delivers excellent advice and levels of client service, making him a delight to work with.”
Chambers UK 2024

“A confident and erudite junior.” “An absolute pleasure to work with. Provides in-depth analysis and application of the law in novel and complex areas of law. An expert in his field.” “Robert’s knowledge of personal injury claims is excellent and is able to get through the detail and reach the appropriate points.”
Legal 500 2024

“Robert is incredibly intelligent and considers matters in a logical fashion.” “He has an impressive ability to grasp the detail of the case.” “Robert has an excellent manner which clients like and his judgement is very sound.”
Chambers UK 2023

“Robert reviews material quickly, efficiently and accurately. He is personable, hardworking, a good tactician, and appreciates the need for commercially practical and viable solutions. He is also comfortable telling truth to power and has very good skills when interacting with clients.” “A powerful and forceful advocate with excellent attention-to-detail – always very responsive.” “Robert is a highly-respected and exceptionally talented senior junior.”
Legal 500 2023

“He is a solid performer who is always prepared to go the extra mile and is very dependable and reliable.” “He has a great understanding of, and provides excellent advice on a range of issues. He is also very good on quantum.” “An excellent advocate who is excellent on paper too. He’s also very commercially aware.”
Chambers UK 2022

“Robert is absolutely brilliant; he is a go-to employment barrister – astute, responsive and a skilled advocate and negotiator of the highest level.” “Impressive and innovative – a strong advocate, a strategic and tactical genius and a practical and exceptional lawyer.”
Legal 500 2022

“An amazing technical negotiator and litigator.” “He is a fearless advocate and is particularly impressive in mediations and round table settlement meetings.”
Chambers UK 2021

“A brilliant lawyer and a formidable cross-examiner. A strong advocate who gets results.”
Legal 500 2021

“An impressive advocate who is innovative and forward-thinking.”
Legal 500 2021

“A very impressive advocate.” “He’s really helpful, efficient and quick.”
Chambers UK 2020

“Really thorough, intelligent and very sharp.” “Very good on his feet. A strong advocate.”
Chambers UK 2019

“Personable and reassuring. He has a good manner with clients and witnesses. He’s a very good advocate, capable of thinking on his feet.”
Chambers UK 2018

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