Charles FussellCharles Fussell

 

Charles Fussell is a qualified solicitor and barrister and has full rights of audience as a solicitor advocate.  After practising for a short period at the bar at a general commercial set of chambers, Charles joined the commercial litigation division of Herbert Smith LLP in April 1996 where he practised as a solicitor for almost 10 years.


Charles specialises in commercial litigation, with a particular emphasis on financial services, fraud related matters, professional negligence and contentious insolvency.  In addition, part of Charles’s practice relates to media claims, including defamation and breach of privacy.


Charles often acts as counsel in his cases and regularly undertakes the drafting of pleadings and skeleton arguments. 


Charles’s most recent matters include:

  • Advising a number of shareholders in relation to potential claims arising out of the nationalisation of Bradford & Bingley

  • Advising a hedge fund in relation to potential claims arising out of a series of under-performing investments

  • Acting in an LCIA arbitration in London, arising out of a breach of a software licence

  • Acting on behalf of an individual in a substantial dispute relating to a private equity venture

  • Acting on behalf of a US corporation in relation to a Norwich Pharmacal application against a UK based website provider

  • Acting on behalf of two individuals in respect of proceedings brought by the DTI under the Company Disqualification of Directors Act 1986

  • Acting on behalf of a group of investors in relation to a dispute over their investment in a joint-venture with Hong Kong and Chinese entities, including advising on the merits of contractual claims against those entities and tortious claims against third parties

  • Acting on behalf of a corporate finance boutique in relation to various claims from investors

  • Acting on behalf of the purchaser of a large commercial property in London and seeking rectification of the sale agreement

  • Acting on behalf of a claimant in proceedings against the London Development Agency resulting from a compulsory purchase order

  • During 2007/2008 bringing proceedings for professional negligence against a London law firm on behalf of a Canadian company

  • In November 2006 obtaining a substantial settlement against a national newspaper in respect of a defamation claim brought by a high profile individual

  • In October 2006, obtaining control of an AIM listed company from its then management on behalf of the founding minority shareholders

  • In June 2006 obtaining summary judgment in the Commercial Court against a UK clearing bank on behalf of the liquidators of an insolvent Cayman Island company

  • In early 2006 acting on behalf of the provisional liquidators of an insolvent BVI hedge fund in respect of claims against its former directors and professional advisers

  • During 2005 acting on behalf of the Tajikistan state-owned aluminium smelting plant, in relation to a multi-jurisdictional fraud claim and an LCIA arbitration

Whilst at Herbert Smith, Charles’s clients included, among others, Merrill Lynch, JP Morgan, CSFB, KPMG, PwC, Cable & Wireless, Iceland and Equitable Life.  His recent matters at Herbert Smith included acting as junior counsel in the Talco litigation.  Acting on behalf of Merrill Lynch in relation to the restructuring of a large asset-securitisation of an Italian film library, which had run into default.  Specifically Charles obtained summary judgment for a sum in excess of US$20 million in respect of an ISDA swap agreement.  In addition, Charles was involved in a number of high profile liquidations, including the provisional liquidation of Independent Insurance, claims arising out of the collapse of BCCI and Barings. In addition Charles was involved in recovering funds on behalf of investors in the Manhattan Investment Fund, a Bermuda-based hedge fund which collapsed in 2000.  Charles also has considerable experience of applications to obtain evidence in respect of foreign proceedings, including pursuant to letters of request under the Hague Convention.


Recent notable cases in which Charles has been involved include:-

  • Tycon Energy Corporation v The Motley Fool Ltd [2008], Eady J, unreported – Norwich Pharmacal orders

  • Transview Properties Ltd v City Site Properties Ltd [2008] EWHC 1221 – rectification of contracts

  • Architects of Wine (In Liquidation) v Barclays Bank Plc [2007] 2 Lloyds 741 -banking, conversion of cheques

  • Tajik Aluminium v Ermatov & Others [2005] EWHC 2241 – freezing and search and seizure orders

  • Equitable Life Assurance Society v Bowley & Others [2003] EWHC 2263 – directors’ duties, strike out

  • Equitable Life Assurance Society v Ernst & Young [2003] EWCA Civ 1114 – professional negligence, causation

  • Bowthorpe v Hills & Others [2003] 1 BCLC 226 – company law, ratification of directors breaches by shareholders

  • Cable & Wireless v Marpin Telecoms [2000] UKPC 42 – Judicial review, telecommunications

 

Education and Qualifications

  • BA Hons, Exeter University, 1989-1992
  • CPE, Westminster University, 1992-1993
  • Inns of Court School of Law, 1993-1994
  • Called to the Bar at Lincoln’s Inn, November 1994
  • Pupillage at One Temple Gardens, 1994-1995
  • Admitted to the Roll of solicitors, April 1997
  • Solicitor at Herbert Smith, 1996-2005
  • Full rights of audience as a solicitor advocate, September 2000

 

Tel: +44 (0)20 7839 9713
Mobile: +44 (0)7766 916089

Email: charles@charlesfussell.com