Charles Strachan

Charles gained experience of International Arbitration during his pupillage, in particular:

The use of anti-suit injunctions to prevent challenges to arbitral awards.
The approach under English law to conflicting jurisdiction clauses, one in favour of the English courts and the other an arbitral tribunal.

Charles’ experience in the aviation sector covers a range of contractual disputes between companies operating in the aircraft industry.

He has also been instructed in Regulation (EC) 261/2004 claims and advised the claimant airline on issues of disclosure and privilege in a substantial aircraft damage claim in Qatar Airways QCSC v Airbus SAS.

Banking and Financial Services

Having spent time working in M&A at J.P.Morgan prior to joining Chambers, Charles has a particular interest in the legal aspects of financial services disputes and brings unique knowledge of this practice area to the matters on which he is instructed.

Examples of his recent work include:

G.I.Globinvestment Limited & Ors v XY Ers UK Limited & Ors – Acting for the principal Defendants in a substantial civil fraud claim in the Commercial Court involving a claim for breach of FCA rules under FSMA 2000 (with Adam Cloherty KC).
Advising customers on potential claims in the English courts to recover sums deposited with Lebanese banks.
Advising a bank, as part of its legal team, on its entitlement to payment of specified sums held by an escrow agent in the DIFC.
Acting in applications for strike-out/summary judgment brought by hire-purchase companies against customers.

Charles also has particular experience of the English regulatory position regarding cryptoassets and cryptocurrency derivatives, having been involved in the provision of advice on the topic with Oliver Assersohn.

Additionally, during pupillage Charles gained experience of:

Claims arising from spread betting contracts.
Claims against financial services providers alleging various failures relating to the provision of information regarding investment products.

Civil Fraud, Asset Tracing & Recovery

Charles has a keen interest in the law relating to civil fraud and is developing a strong practice in the area. Examples of his experience include:

G.I.Globinvestment Limited & Ors v XY Ers UK Limited & Ors – Acting for the principal Defendants in a substantial civil fraud claim in the Commercial Court involving allegations of, amongst other things, unlawful means conspiracy, breach of fiduciary duty and dishonest assistance (with Adam Cloherty KC).
Igiehon v Okunbo & Ors (and see [2023] EWHC 33 (Ch)) – Acting for the principal Defendants in a multi-faceted Chancery Division estate/fraud claim involving the empire of a Nigerian businessman (with Edward Cumming KC).
Union Properties P.J.S.C & Anr v Trinkler & Partners Ltd & Ors – Working, as part of the Claimants’ legal team, on a substantial ADGM civil fraud claim involving allegations of, amongst other things, unlawful means conspiracy.
Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited – Supporting, as part of a large team, counsel in a substantial civil fraud/commercial dispute, heard in Bermuda, between an arm of an investment bank and its client.
Drafting various pleadings involving allegations of breach of fiduciary duty and trust.

Commercial Litigation

Charles has a rapidly developing commercial litigation practice both domestically and internationally. Examples of his experience in this area include:

G.I.Globinvestment Limited & Ors v XY Ers UK Limited & Ors – Acting for the principal Defendants in a substantial claim in the Commercial Court involving allegations of, amongst other things, breach of contract and various tortious wrongs (with Adam Cloherty KC).
Union Properties P.J.S.C & Anr v Trinkler & Partners Ltd & Ors – Part of the Claimants’ legal team in a substantial ADGM claim involving allegations of a variety of common law wrongs.
Part of the corporate Applicant’s legal team concerning an application in the DIFC to set aside a multi-million-pound default judgment.
Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited – Supporting, as part of a large team, counsel in a substantial civil fraud/commercial dispute, heard in Bermuda, between an arm of an investment bank and its client.
Successfully representing an ex-father-in-law at the 3-day trial of his claim to recover substantial moneys loaned to his ex-son-in-law.
Acting in a business dispute between a sole trader, a company and a landowner involving allegations of breach of contract and negligence.
Acting for a matchmaking company in an application to set aside default judgment.

Charles also has experience of high-value claims for failure to deliver goods under contracts of sale and claims for breach of the terms of share options agreements.

Company

Examples of Charles’ experience on company law matters include:

Drafting pleadings in a claim to recover unpaid dividends.
Drafting various documents in an anticipated unfair prejudice petition.

More generally, Charles has experience of assisting on a range of claims brought by and against companies.

Crypto and digital assets

Charles has a particular interest in litigation involving cryptoassets and cryptocurrencies. He is a co-author of: (i) the disputes chapter in Crypto and Digital Assets Law and Regulation (published by Sweet and Maxwell in December 2023); and (ii) (with Edward Cumming KC) a substantial part of the joint COMBAR/FSLA response to HM Treasury’s consultation and call for evidence on the future financial services regulatory regime for cryptoassets. Additionally, he has particular experience of the English regulatory position regarding cryptoassets and cryptocurrency derivatives, having been involved in the provision of advice on the topic with Oliver Assersohn.

Insolvency

Charles has been involved in a range of insolvency matters since commencing practice, including:

Acting for and advising petitioners and creditors in bankruptcy petitions.
Advising on potential claims and/or viable courses of action against company administrators alleged to have acted in breach of their duties in failing to make payments to particular individuals.

Charles has also undertaken research for a leading Hong Kong law firm on the Hong Kong law of cross-border insolvency.

International & Offshore

Charles has a growing practice in the sphere of international and offshore work with particular experience in commercial disputes arising from, and centered in, the Middle East including:

Union Properties P.J.S.C & Anr v Trinkler & Partners Ltd & Ors – Working, as part of the Claimants’ legal team, on a substantial ADGM civil fraud claim involving allegations of a variety of common law wrongs.
Working, as part of the corporate Applicant’s legal team, on an application in the DIFC to set aside a multi-million-pound default judgment.
Ivanishvili & Ors v Credit Suisse Life (Bermuda) Limited – Supporting, as part of a large team, counsel in a substantial civil fraud/commercial dispute, heard in Bermuda, between an arm of an investment bank and its client.
Undertaking research, and drafting an extensive note, for a leading Hong Kong law firm on the Hong Kong law of cross-border insolvency.

Charles gained experience during pupillage of:

An appeal from the Eastern Caribbean Court of Appeal to the Judicial Committee of the Privy Council concerning the beneficial ownership of shares in a BVI company (Pleshakov v Sky Stream [2021] UKPC 15).
Bermudan litigation concerning various trusts matters in the context of what is said to be the largest tax fraud in U.S. history.

Partnership and Joint Ventures

Charles gained experience during pupillage of:

Claims relating to the valuation of partnership shares.
An application for pre-action disclosure in the case of an alleged partnership.

Professional Negligence

Charles is comfortable dealing with claims for professional negligence in the context of any of the other areas in which he specialises. Examples of his recent matters in this sphere include:

G.I.Globinvestment Limited & Ors v XY Ers UK Limited & Ors – Acting for the principal Defendants in a substantial claim in the Commercial Court involving allegations of, amongst other things, professional negligence (with Adam Cloherty KC).
Advising on, and drafting particulars of claim in, a claim by a disappointed beneficiary against a firm of solicitors for an allegedly negligent delay in drafting a Will.

Trusts, Probate & Estates

Charles is comfortable dealing with the full range of trusts, probate and estates disputes. Examples of his experience include:

Igiehon v Okunbo & Ors (and see [2023] EWHC 33 (Ch)) – Acting for the principal Defendants in a multi-faceted Chancery Division estate/fraud claim involving the estate of a Nigerian businessman (with Edward Cumming KC).
Advising, and appearing unled at a disposal hearing in the High Court for, a representative of various discretionary beneficiaries in a claim brought by trustees for directions to break a deadlock.
Drafting pleadings seeking, variously, to unwind unconscionable transactions in relation to assets that would otherwise fall within a deceased’s estate and for declarations that assets are held on trust and alleging breach of such trusts.

Charles has also given talks (to leading London and national law firms) on the topics of “Illusory Trusts” and variation of trusts respectively.

During pupillage, Charles gained experience of:

Claims to rescind dispositions on the basis of mistake.
Challenges to the validity of a Will on the bases of lack of capacity, undue influence and fraudulent calumny.
Applications for the construction of Wills.