Professional practice
Charles is widely recognised as a leading silk in technology disputes, data protection, and employment law. He was recently shortlisted for Legal 500 Technology and Data Silk of the Year.
Charles has a particular expertise in data protection, notably group actions, as well as confidential information, cyber security and cybercrime, artificial intelligence (AI) and machine learning. He also has experience of breach of confidence claims relating to algorithmic trading software. He has an in-depth understanding of IT technical matters. He is currently pursuing an MSc in Artificial Intelligence.
He is regularly instructed in urgent injunctions and sought out for restraint of trade and team move cases, particularly with an international dimension or involving jurisdictional disputes. His practice covers carried interest claims, directors’ duties, shareholder disputes, LLP/partnership disputes, and arbitration, including LCIA, JAMS, and ad hoc arbitrations. His employment work includes whistleblowing, discrimination, wrongful dismissal, and employee claims in international organisations.
He is recommended in legal directories for:
His handling of difficult cases: “You simply want Charles on your side”; “one of our top picks for high stakes matters”; “a master of the difficult brief”; “commercial acumen second to none”; “a great strategic mind”; “incredibly commercially astute”; “Extremely sound judgment when it comes to difficult decisions”; “A leading light… he is tactically brilliant”.
His intellect: “Without question, one of the brightest members of the Bar”; “One of the cleverest and most intellectually rigorous members of the Bar”; “exceptional intellect”; “creative, skilful”; “razor-sharp intelligence”; “proven to be innovative and practical in his approach”
His advocacy: “He is superb – a very clever and tenacious advocate” who cross-examines to “devastating effect”; “razor-sharp in court”; “always ready to fight his corner”; “A class act. He handles the room, including the judge and client, with mastery, and knows when to push and when to stop — never loses his audience.”
His manner: “very approachable and a great communicator”; “absolutely in the trenches with you”; “Practical, commercial and incisive”; “Thorough and sharp but also approachable and accessible. He rolls his sleeves up and gets involved with all aspects of the case and is very good at engaging with the client and protecting their interests”; “Forceful and confident in his opinions”; “never afraid to come off the fence”
His work ethic: “unrivalled work ethic”; “He digs so deep and covers every angle”; “He can assimilate complex arguments and a myriad of documents with incredible speed and tenacity”; “meticulous in his preparation”; “utterly committed to the cause”; “always raises his game and always gets you where you need to be”
His practice includes a commitment to pro bono work. Nominated for Pro Bono QC of the Year 2020 Bar Awards.
- What others say
Recommended as a leading individual in both Chambers & Partners UK Bar Guide and the Legal 500 Directories. Comments in recent editions include:
Chambers UK Bar 2025
- “Charles is excellent and is one of our top picks for high-stakes matters.”
- “Charles’ commercial acumen is second to none.”
The Legal 500 2025
- “Charles’ preparing and revising of merits opinions is highly technically specific and he is relentlessly accurate in his advice.”
- “He is very diligent and has a great strategic mind.”
Chambers UK Bar 2024
- “Charles is a highly intelligent, committed and supportive barrister. He is absolutely in the trenches with you and is very focused and supportive in our cases.”
- “Charles comes up with creative ways to achieve client aims, giving firm and clear advice.”
- “You simply want Charles on your side. He digs so deep and covers every angle, being creative, skilful and incredibly commercially astute.”
The Legal 500 2024
- ‘An outstanding counsel.’
Chambers UK Bar 2023
- “Charles brings assured advice and delivers it with determination.”
The Legal 500 2023
- “He has proven to be innovative and practical in his approach, as well as highly intellectual. He is very approachable and a great communicator.”
- “A class act. He handles the room, including the judge and client, with mastery, and knows when to push and when to stop – never loses his audience. Highly recommended, particularly for cross-border matters.”
The Legal 500 2022
- “He can assimilate complex arguments and a myriad of documents with incredible speed and tenacity.”
Chambers UK Bar 2022
- “Charles is razor-sharp in court.”
The Legal 500 2021
- “He is well prepared and presents cases diligently and clearly.”
Chambers UK Bar 2018
- “Thorough and sharp but also approachable and accessible. He rolls his sleeves up and gets involved with all aspects of the case and is very good at engaging with the client and protecting their interests.”
The Legal 500, 2017
- “Practical, commercial and incisive.”
Chambers UK Bar 2017
- “His work is exceptional and very clever. He always raises his game and always gets you where you need to be.”
- “He is superb – a very clever and tenacious advocate.”
The Legal 500 2016
- “One of the cleverest and most intellectually rigorous members of the Bar, with an unrivalled work ethic.”
- Examples of notable cases
SMO (a child) v TikTok Inc and others [2020] EWHC 3589 (QB) – anonymity judgment
Media and Communications (MAC) List: Group action for damages and other relief on behalf of children under 16 years of age in the UK and EU (apart from the Netherlands) who were account holders and users of TikTok alleging misuse of private information, breaches of the UK GDPR, Data Protection Act 2018, EU GDPR, and Privacy and Electronic Communications Regulations. Permission to serve out: SMO v TikTok & others [2022] EWHC 489 (QB)
Efobi v Royal Mail [2021] UKSC 33, [2021] 1 WLR 3863, [2021] ICR 1263
Acted for appellant pro bono in this important case on the interpretation and application of the burden of proof in discrimination cases: s.136 Equality Act 2010. The UKSC decision has since been relied upon in relation to the proper drawing of inferences from primary evidence.
Benyatov v Credit Suisse [2023] EWCA Civ 140, [2023] ICR 534
Acted for claimant, a former investment banker convicted of espionage in Romania because of his banking work for Credit Suisse. He lost his livelihood and faces extradition and imprisonment if he returns to the UK. He sued the bank under a contractual indemnity for lost earnings and in negligence for failing to protect him from conviction by assessing the risks to him of working in Romania. One of The Lawyer Top 20 cases for 2020, the case raised important issues for international businesses sending employees to work overseas, both as to the duties in tort to assess risks to employees and as to the scope of the implied contractual indemnity for agents and employees to cover losses arising in the course of their duties.
Trial judgment Benyatov v Credit Suisse [2022] EWHC 135 (QB), [2022] 4 WLR 54
Comberg v VivoPower International [2020] EWHC 2438 (QB)
Acted for NASDAQ listed global solar power company in a dispute with its former CEO who alleged he had been wrongfully dismissed and claimed for breach of contract in relation to fees following successful NASDAQ listing. Counterclaim alleging mismanagement of the company and solar power projects, including breaches of fiduciary and contractual duties. Parallel proceedings in Singapore High Court.
Judgment on use of inadvertently disclosed privileged documents [2020] EWHC 575 (QB)
Costs judgment [2020] EWHC 2787 (QB), [2020] Costs L.R. 1655
Taylor v Kuwait Investment Office & others (2023)
Acted for Claimant in ET claim for sex discrimination and unfair dismissal for protected disclosures. Respondent raising preliminary issues of sovereign and diplomatic immunity which were listed for a 6-day preliminary hearing in April 2023. Links to press coverage in the FT and Bloomberg.
JAMS International arbitration seated in London (2022)
Dispute about the management of investments in early-stage technology companies made by an offshore technology investment fund. Parallel proceedings in USA. Acted for the investment managers. Details of parties confidential.
Dyson v Flanders (2020)
Acting for Sir James & Lady Dyson in High Court proceedings against the former manager of their private home on the Dodington Park Estate who had misappropriated sensitive private information, confidential information, and personal data of employees. Interim injunctive relief to restrain the use of the information, delivery up of devices for forensic IT investigation, and data recovery and removal. Claims pursuant to Data Protection Acts 1998 and 2018 (and UK GDPR) and for misuse of private information.
PWC v Carmichael [2019] EWHC 824 (Comm)
Expedited LCIA arbitration concerning a dispute about partnership/LLP membership and post-termination restrictions. Application under s.44(3) Arbitration Act 1996 for injunction in support of arbitration under the PwC LLP Members’ Agreement to restrain defendant from joining competitor (public judgment). Acted for the departing LLP member.
Nuclear Risk Insurers Ltd v Gatte (2019)
Acted for a nuclear insurance pool in English High Court injunctive proceedings against a former employee and agent in relation to his wrongful removal and retention of highly confidential information about nuclear power facilities worldwide. Interim injunctive relief obtained to restrain disclosure of confidential information and for delivery up of the defendant’s computers and mobile phone for imaging and forensic IT investigation. Enforcement against defendant resident in France.
Maitland Hudson v Dempsey [2017] EWHC 1249 (Ch)
Acted for the defendant, a departing LLP member from a solicitors’ firm which claimed against him for copying confidential and legally privileged information that was disclosed to regulatory bodies, including the Solicitors Regulation Authority (which intervened in the proceedings). Allegations of breach of confidence and breaches of sections 4(4) and 55(1) of the Data Protection Act 1998 in the context of access to confidential and/or legally privileged information on computer systems. Additional issues of potential criminal liability in relation to alleged breaches.
- ARTIFICIAL INTELLIGENCE & TECHNOLOGY
In-depth understanding of IT and AI technical matters combined with a long-standing interest in AI, machine learning (ML) and deep learning, stemming from coding a neural network from scratch as a final year project at Oxford University (1986), as well as his work for the MoD before re-qualifying in law.
Charles is currently pursuing an MSc in Artificial Intelligence at City St George’s, University of London (formerly City University, London). Coding in Python and PyTorch.
He is also a director of the London Initiative for Safe AI, a non-profit company which provides a collaborative research environment to support and promote research into AI safety.
Invited member of panel on ‘AI in Dispute Resolution’ at Bar European Circuit Annual Conference 2023. Invited speaker at Bar European Circuit Annual Conference 2018 on Digital Justice: Tools and Challenges – Use of algorithms to predict litigation outcomes.
Shortlisted for Technology & Data Silk of the Year 2022 at the Legal 500 Bar Awards.
Example cases:
- SMO v TikTok Inc and others [2020] EWHC 3589 (QB): Group action for damages and other relief on behalf of children under 16 in UK and EU (except the Netherlands) who were users of TikTok, alleging misuse of personal data in the operation of the TikTok algorithm to drive user engagement.
- Advised in relation to a potential group action against a leading AI company in relation to alleged misuse of personal data in the development of ML algorithms to manage patient care.
- Advised in relation to the use of personal data derived from vehicle tracking systems by a public sector employer.
- Advised a provider of open access fibre networks in relation to a contractual dispute concerning investment agreements for network installation projects in the USA.
- Advised in relation to claims concerning the use of personal data and private information in the AdTech sector.
- Advised a software developer in relation to contractual arrangements for deployment of an app to help PTSD sufferers regulate their affective state based on an ML technology to recognise emotional state from a user’s voice.
- Advised a German bitcoin miner and operator of AI and high-performance computing data centres in relation to a potential breach of confidence claim.
- Corbiere Limited v Mean Trading Systems: Acted for defendant (a start-up algorithmic trading fund) in a claim alleging misuse of confidential information from the algorithmic trading software of the claimants. Proceedings in Chancery Division (Intellectual Property) subject to an extensive confidentiality club. Worked as part of a multi-disciplinary team with IP lawyers.
- Atomico v Saiadian & others: Acted for leading VC firm in relation to breach of confidence claim concerning fund investments in early-stage technology companies. High Court injunctive proceedings. Parallel proceedings in Delaware.
- Dow Corning v Hupfield: Acted for a leading multi-national in silicon-based technology, including anti-fingerprint coatings used on Apple iPhones. High Court injunctive proceedings to isolate and recover confidential information.
- Advised an AIM listed educational software and services provider in relation the termination of a value-added reseller agreement by an EU based software development platform provider.
- CONFIDENTIAL INFORMATION & BUSINESS SECRETS
Charles’ practice covers disputes about confidential information, trade secrets, and business secrets in a wide range of scenarios, including acting for and against departing employees, executives, LLP members and partners, as well as B2B disputes. A focus of this work is urgent applications for interim relief, including injunctions, search orders, disclosure orders, delivery up, and preservation orders. He has substantial experience of obtaining or resisting complex orders to preserve and recover data, including device imaging orders. His background in computing and IT technical matters places him uniquely to deal with such issues and work closely with forensic IT investigators. His work in relation to individual privacy and misuse of private information is described under the heading Data Protection & Privacy below.
Example cases:
- Christo & Co Ltd v Christoforou: High Court proceedings for breach of confidence against a former director and a former IT manager for allegedly removing large amounts of confidential information, including by unauthorised access to computers and email system.
- Nuclear Risk Insurers Ltd v Gatte: Acted for a nuclear insurance pool in English High Court injunctive proceedings against a former employee and agent in relation to wrongful removal of highly confidential information about nuclear power facilities. Interim injunctive relief obtained to restrain disclosure and for delivery up of defendant’s computers and mobile phone for imaging and forensic IT investigation. Enforcement against defendant resident in France.
- MMI v Andrew & Tiemann: Acted for a US and Canadian based forensic accounting firm in relation to a team move threatening misuse of confidential information and diversion of business. Successfully obtained interim injunction (including springboard relief, delivery up and imaging of laptops and mobile phones) against senior departing employees.
- Corbiere Limited v Mean Trading Systems: Acted for defendant (a start-up algorithmic trading fund) in claim alleging misuse of claimant’s confidential information in quantitative trading software. Proceedings in Chancery Division (Intellectual Property) subject to an extensive confidentiality club. Worked as part of a multi-disciplinary team with IP lawyers.
- LCIA arbitration against former employee in financial sector in relation to alleged breach of confidence and NDA.
- Acted for the IKOS investment manager disputes concerning confidential information and trade secrets in quantitative trading software used by its quant fund. Technology and Construction Court proceedings and related proceedings in several other jurisdictions.
- Atomico v Saiadian & others: Acted for leading VC firm in relation to breach of confidence claim concerning fund investments in early-stage technology companies. High Court injunctive proceedings against departing employees and related entities. Parallel proceedings in Delaware.
- Dow Corning v Hupfield: Acting for a leading multi-national in silicon-based technology, including anti-fingerprint coatings used on Apple iPhones. High Court injunctive proceedings against a former senior employee in charge of product development. Interim orders obtained to isolate and recover confidential information.
- Maitland Hudson v Dempsey [2017] EWHC 1249 (Ch): Acted for the defendant, a departing LLP member from a solicitors’ firm in a claim concerning alleged breach of confidence and unauthorised access to computer systems.
- DATA PROTECTION & PRIVACY
Ranked as a Tier 1 Leading Silk by Legal 500, Charles was shortlisted for Technology and Data Silk of the Year 2022 at the Legal 500 Bar Awards. He is currently completing an MSc in Artificial Intelligence.
Example cases:
- SMO v TikTok Inc & others: Media and Communications (MAC) List: Group action for damages and other relief on behalf of children under 16 years of age in the UK and EU (apart from the Netherlands) who were account holders and users of TikTok alleging misuse of private information, breaches of the UK GDPR, Data Protection Act 2018, EU GDPR, and breaches of the Privacy and Electronic Communications (EC Directive) Regulations 2003. SMO v TikTok Inc and others [2020] EWHC 3589 (QB) – anonymity judgment. SMO v TikTok & others [2022] EWHC 489 (QB) – permission to serve out.
- Williams v Experian (2022): High Court, Media and Communications List group action against Experian alleging breaches of Data Protection Act 2018, UK GDPR, and misuse of private information in relation to large scale processing of personal data and private information by its marketing services business.
- Dyson v Flanders (2020): Acting for Sir James & Lady Dyson in High Court proceedings against the former manager of their private home who had misappropriated sensitive private information, confidential information, and personal data of employees. Claims pursuant to Data Protection Acts 1998 and 2018 (and UK GDPR) and for misuse of private information.
- Maitland Hudson v Dempsey [2017] EWHC 1249 (Ch): Acted for the defendant, a departing LLP member from a solicitors’ firm in a claim about disclosure of confidential and legally privileged information to regulatory bodies, including the Solicitors Regulation Authority. Allegations of breaches of sections 4(4) and 55(1) of the Data Protection Act 1998.
- Advised in relation to potential group action claims in relation to personal data of sportspeople.
- Advised in relation to potential group action claims against companies in the AdTech sector for large scale misuse of personal data, including individuation of personal data from pseudonymised and anonymised data.
- Advised in relation to potential group action claims against a well-known hotel chain resulting from a large-scale data breach following its computer systems being hacked.
- Advised pension fund trustees of a well-known pension fund in relation to the management of legal and regulatory risks arising out of the UK GDPR, Data Protection Act 2018, and Pensions Regulator cyber security requirements following the 2023 Capita data breaches affecting pension schemes.
- Advised in relation to a potential group action against a leading AI company in relation to alleged misuse of personal data in the development of ML algorithms to manage patient care.
- Advised and acting for an UHNW individual to secure personal and business information on a laptop misappropriated by a member of the individual’s personal staff.
- Advised an UHNW individual in relation to or a claim of breach of an NDA to stop disclosure of details about their relationship with a celebrity. Parallel proceedings in California and Europe.
- CYBER/INFORMATION SECURITY & CYBER CRIME
This work overlaps with his work in the areas of confidential information and data protection because many cyber security issues arise in the context of unauthorised access to computer systems by employees, or misappropriation of confidential information and personal data breaches. Charles’ technical understanding of computing and IT technical matters is invaluable in this practice area. Details of this work are typically confidential.
Example cases:
- Advised in relation to potential group action claims against a well-known hotel chain resulting from a large-scale data breach following its computer systems being hacked.
- Advised in relation to the response to a cyber-attack (hacking for ransom) against a prominent consultancy, resulting in the exfiltration of personal data and business secrets.
- Advised pension fund trustees of a well-known pension fund in relation to the management of legal and regulatory risks arising out of the UK GDPR and Pensions Regulator cyber security requirements following the 2023 Capita data breaches affecting pension schemes.
- Advised and acted for a hedge fund manager whose personal cloud account appeared to have been hacked by an adverse party to a dispute to obtain incriminating evidence against him. Unauthorised access apparently contrary to Computer Misuse Act 1990. Threatened injunction proceedings.
- Advised a manufacturing company in relation to ransomware that had been installed into its automated production systems and threat to disrupt its manufacturing.
- McGinley Healthcare Ltd v Couper & Applocum: High Court injunctive claim. Issues of hacking (contrary to Computer Misuse Act 1990) in relation to collection of evidence.
- IKOS litigation in the High Court: IKOS is a quantitative trading hedge fund. Extensive allegations of corporate espionage, hacking, intrusive surveillance, harassment and breach of privacy, as well as alleged exfiltration of software by installation of a virtual server on IKOS’ systems.
- Employment
Charles is a highly experienced litigator known for his innovative approach in difficult and complex cases and for his strength as an advocate who can cross-examine to “devastating effect”.
Charles has been consistently ranked over many years as a leading individual by both Legal 500 and Chambers & Partners. His practice covers the full range of employment law, including restraint of trade, ‘team moves’, garden leave, breach of confidence, wrongful dismissal, deferred remuneration (bonuses, share options, carried interest, and profit share), discrimination, and public interest disclosure (whistleblowing) claims. He has considerable experience of employment claims in the banking and financial sector. He is recognised for his expertise in applications for urgent interim injunctive relief in relation to post-termination restrictions against dealing, solicitation, and poaching of employees, including non-compete provisions, and to prevent breaches of confidence. His employment work includes advising and acting for and against departing LLP members (or partners).
His experience of collective employment law includes industrial disputes involving the threat of or actual industrial action, including balloting and notification requirements, injunctions to prevent strike action and dismissals related to industrial action. Has also advised in international trade disputes between employers outside the UK and the ITF.
His work in relation to employment claims within international organisations is covered above under the heading ‘Conflict of Laws & Private International Law’.
Example cases:
- Benyatov v Credit Suisse [2023] EWCA Civ 140, [2023] ICR 534
Acted for claimant, a former investment banker convicted of espionage in Romania because of his banking work for Credit Suisse. He lost his livelihood and faces extradition and imprisonment if he returns to the UK. He sued the bank under a contractual indemnity for lost earnings and in negligence for failing to protect him from conviction by assessing the risks to him of working in Romania. One of The Lawyer Top 20 cases for 2020, the case raised important issues for international businesses sending employees to work overseas, both as to the duties in tort to assess risks to employees and as to the scope of the implied contractual indemnity for agents and employees to cover losses arising in the course of their duties. - Comberg v VivoPower International [2020] EWHC 2438 (QB)
Acted for NASDAQ listed global solar power company in a claim by its former CEO alleging wrongful dismissal and claiming for multi-million dollar success fee following NASDAQ listing. Counterclaim alleging mismanagement of the company and abortive solar power projects including breaches of fiduciary and contractual duties. Parallel proceedings in Singapore High Court. - Advised the Chair of a non-ministerial government department (an arm’s length body) in relation to potential termination of statutory appointment.
- Sohail & Khalid v Lloyds Bank plc (2024): Acted for the respondent bank in Employment Tribunal claims of religion and belief discrimination.
- Plant v Bank of Beirut (2018): Acted for respondent bank in wide-ranging Employment Tribunal claims including disability discrimination and detriment and dismissal for alleged protected disclosures. Claims dismissed and a substantial costs order made against the claimant. The EAT dismissed the claimant’s appeals (2020).
- Efobi v Royal Mail [2021] UKSC 33, [2021] 1 WLR 3863, [2021] ICR 1263: Acted for appellant pro bono in this important case on the interpretation and application of the burden of proof in discrimination cases: s.136 Equality Act 2010.
- Tabidi v BBC [2020] EWCA Civ 733, [2020] IRLR 702: Acted for Appellant in gender discrimination case concerning the proper approach to the question of hypothetical and actual comparators and appeal against an adverse costs award.
- Taylor v Kuwait Investment Office & others (2023): Acted for Claimant in ET claim for sex discrimination and unfair dismissal for protected disclosures. Respondent raising preliminary issues of sovereign and diplomatic immunity.
- Bakkali v Greater Manchester Buses (South) Ltd [2018] ICR 1481, [2018] IRLR 906 (EAT) Acted for Appellant in appeal relating to religious discrimination and harassment.
- PWC v Carmichael [2019] EWHC 824 (Comm) (public judgment): Expedited LCIA arbitration concerning a dispute about partnership/LLP membership and post-termination restrictions. Commercial Court application under s.44(3) Arbitration Act 1996 for injunction in support of arbitration under the PwC LLP Members’ Agreement to restrain defendant from joining competitor. Acted for departing LLP member.
- LCIA arbitration concerning the termination of an LLP agreement in the professional services sector, including as to the effect of a repudiatory contractual breach on an English Law LLP agreement (considered in Liontrust), restraint of trade, and Italian constitutional law. Acted for the departing LLP member.
- Advised departing CEO of Kingfisher PLC (FT100 listed multinational retailer) in relation to entitlements and arrangements on termination. Link to FT coverage.
- Benyatov v Credit Suisse [2023] EWCA Civ 140, [2023] ICR 534
- Arbitration & related court applications
Advice and appearance in LCIA, JAMS International, and ad-hoc arbitrations. Parties and details are private & confidential. Recent examples include:
- Ad-hoc arbitration relating to disputed profit share under an LLP agreement in the professional services sector. Acted for the LLP.
- Advised in relation to a potential JAMS arbitration (Comprehensive Rules) concerning a dispute relating to the phantom share agreement of a US incorporated LLC. Acted for beneficiary of the agreement.
- LCIA arbitration against former employee in financial sector in relation to alleged breach of confidence based on evidence in the employee’s Employment Tribunal claim alleging sex discrimination, whistleblowing detriment and unfair dismissal. Alleged breach of NDA and confidentiality agreement. Issues of arbitral jurisdiction and interaction with ongoing Employment Tribunal proceedings. Application for expedited arbitration resisted. Application to stay arbitration. Acted for former employee.
- JAMS International arbitration seated in London. Dispute about the management of investments in early-stage technology companies made by an offshore technology investment fund. Parallel proceedings in USA. Acted for the investment managers.
- LCIA arbitration concerning the termination of an LLP agreement in the professional services sector, including as to the effect of a repudiatory contractual breach on an English Law LLP agreement (considered in Liontrust), restraint of trade, and Italian constitutional law. Related Italian arbitration. Acted for the departing LLP member.
- Expedited LCIA arbitration concerning a dispute about partnership/LLP membership and post-termination restrictions. Application under s.44(3) Arbitration Act 1996 for injunction in support of arbitration under the PwC LLP Members’ Agreement to restrain defendant from joining competitor (public judgment): PWC v Carmichael [2019] EWHC 824 (Comm). Acted for the departing LLP member.
Member of the Employment Lawyers Association Working Party on arbitration and ADR of employment disputes and contributor to final report. Coordinated the sub-group on employment arbitration in other jurisdictions, including USA.
- COMMERCIAL DISPUTE RESOLUTION
Acted for investment managers in JAMS International arbitration seated in London. Dispute about the management of investments in early-stage technology companies made by an offshore technology investment fund. Parallel proceedings in USA.
- Expedited LCIA arbitration concerning a dispute about partnership/LLP membership and post-termination restrictions. Application under s.44(3) Arbitration Act 1996 for injunction in support of arbitration under the PwC LLP Members’ Agreement to restrain defendant from joining competitor (public judgment): PWC v Carmichael [2019] EWHC 824 (Comm). Acted for departing LLP member.
- Advised a provider of open access fibre networks in relation to a contractual dispute concerning investment agreements subject to New York law for network installation projects in the USA.
- Comberg v VivoPower International [2020] EWHC 2438 (QB): Acted for NASDAQ listed global solar power company in a dispute with its former CEO who claimed multi-million dollar success fees following successful NASDAQ listing based on alleged oral contracts. Counterclaim alleging mismanagement of solar power projects including breaches of fiduciary and contractual duties. Parallel proceedings in Singapore High Court.
- Advised in relation to a dispute concerning an £40 million investment by an investment fund in a company to develop hybrid electric vehicles.
- Conflict of laws & private international law
Many of Charles’ cases raise conflict of laws issues or concern multi-jurisdictional disputes, frequently involving complex jurisdictional issues, or concurrent foreign proceedings, or where the substantive law of the English proceedings is not English law.
Example cases:
- Taylor v Kuwait Investment Office & others (2023): Acted for Claimant in ET claim for sex discrimination and unfair dismissal for protected disclosures. Respondent raising preliminary issues of sovereign and diplomatic immunity which were listed for a 6-day preliminary hearing in April 2023 before claim settled.
- Advised a British national resident in France in relation to termination of his employment to set up in competition giving rise to legal and jurisdictional issues relating to enforceability of post termination restrictions and interaction of French employment contract with English law share sale and purchase agreement.
- Advised in a dispute relating to a phantom share agreement governed by Delaware law affecting an employee under an English law contract of employment.
- A T Kearney v Oliver Wyman Ltd [2014] EWHC 4419 (QB): Acted in dispute between US based management consultancies over a team move in Dubai. High Court claim in England based entirely on UAE law. Application for an injunction in support of foreign proceedings under section 25 Civil Jurisdiction and Judgments Act 1982.
- Nuclear Risk Insurers Ltd v Gatte: Acted for a nuclear insurance pool in English High Court injunctive proceedings against a former employee and agent in breach of confidence claim. Interim injunctive relief obtained from English High Court and enforced and executed in France where defendant was resident with assistance of French lawyers.
- SMO v TikTok & others [2022] EWHC 489 (QB): Permission to serve out granted in representative action alleging misuse of personal data and private information.
- Advised an UHNW individual in relation to jurisdiction for a claim of breach of an NDA to stop disclosure of details about their relationship with a celebrity. Parallel proceedings in California and Europe.
- Institutional law of international organisations
Advising and appearing in claims by employees of international organisations under the principles of the institutional law of the relevant institution, including the Administrative Tribunal of the European Bank of Reconstruction and Development, the International Criminal Court, and the International Coffee Organisation. Details are confidential.
- PRO BONO WORK
Charles is committed to pro-bono work and was nominated for Pro Bono QC of the Year (2020 Bar Awards). He is instructed by Advocate and by solicitors in private practice. He also provides representation under the ELAAS scheme in the EAT.
Recent notable pro-bono cases:
- Efobi v Royal Mail [2021] UKSC 33, [2021] 1 WLR 3863, [2021] ICR 1263, [2021] IRLR 811, Acted for appellant in this important case on the interpretation and application of the burden of proof in discrimination cases: s.136 Equality Act 2010.
- Tabidi v BBC [2020] EWCA Civ 733, [2020] IRLR 702: Acted for Appellant in this gender discrimination case concerning proper approach to the question of hypothetical and actual comparators and appeal against an adverse costs award.
- Taylor v Kuwait Investment Office & others (2023): Acted for Claimant in ET claim for sex discrimination and unfair dismissal for protected disclosures. Respondent raising preliminary issues of sovereign and diplomatic immunity which were listed for a 6-day preliminary hearing in April 2023.
- Bakkali v Greater Manchester Buses (South) Ltd [2018] ICR 1481 (EAT), [2018] IRLR 906 (EAT): Acted for the Appellant in appeal relating to religious discrimination and harassment.
- Murdock v British Airways plc UKEAT/0106/17/DM, judgment 02.07.2018: Acted for the Appellant in an EAT appeal in an unfair and wrongful dismissal claim turning on the proper construction of the respondent’s contractual policies.
- Career
2014 Appointed Queen’s Counsel
2009 Appointed by Attorney General as a Special Advocate to provide representation in closed proceedings involving national security issues. 10-year term. Developed Vetting security clearance
1991 Called to the Bar (Middle Temple)
1987 Scientist at Ministry of Defence, Admiralty Research Establishment, coding in LISP on Symbolics Machines
- Education
1991 Inns of Court School of Law
1990 Postgraduate Diploma in Law, City University
1986 BA Hons (Oxon), Experimental Psychology