Year of call: 2004
E: ceborall@3vb.com

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Charlotte has a wide-ranging commercial practice and is regularly instructed as sole counsel. She specialises in banking and financial disputes (including consumer issues), financial services regulation and law (particularly Part VII business transfers) and professional negligence (including fraud).


A “barrister for the more tricky cases”

Legal 500 UK 2014

“She’s very commercial, very bright and picks things up really quickly. If you’ve got one of those difficult cases she is one to use.”

Chambers & Partners UK 2016

Charlotte is regularly instructed on behalf of retail banks and other financial institutions in disputes arising out of financial instruments (e.g. derivatives and related products), mortgages, guarantees and other securities, fraud, undue influence, negligent advice, and equitable and restitutionary claims. Her work extends to consumer credit claims and claims with a financial services or regulatory aspect.

Former and recent instructions include:

In the matter of Santander UK plc and another [2018] EWHC (Ch) (written judgment awaited) –solely instructed on behalf of the Skilled Person in relation to Santander’s ring-fencing transfer scheme. 

Broomhead v Royal Bank of Scotland [2018] EWHC 1574 (Ch) – instructed (together with David Quest QC) to defend the bank in a £13m claim by a former customer alleging breach of an oral collateral contract for automatic renewal of lending facilities. The claim also raised a section 140A CCA unfair relationship claim, limitation and insolvency set-off issues.

Various derivative product mis-selling and related claims – Charlotte is currently instructed on behalf of a number of retail banks to defend claims or potential claims made in respect of interest rate hedging products, raising issues of scope of duties of care, whether advisory duties were owed, limitation issues, and review claims. Charlotte has been involved in IRHP claims since early 2012 when she was instructed, as part of a Counsel team, to advise one of the big four banks in relation to its agreement with the FCA to review sales of IRHPs. She was also instructed (until maternity leave) in Bailey v Barclays Bank Plc [2014] EWHC 2882 (QB), concerning striking out of causes of action in interest rate swaps mis-selling claim (Richard Hanke was instructed for the application).

Hacketts v HSBC Bank plc [2016] EWHC (Comm Ct) –instructed (led latterly by Daniel Toledano QC) in this circa £10m claim for consequential loss against the bank in respect of mis-sold interest rate derivatives. LIBOR misrepresentations were successfully excluded at the case management stage. Claim settled shortly before trial.

RBS v McCarthy [2015] EWHC 3626 (QB) (Picken J) – claim arising out of Halliwells LLP collapse. Bank sought recovery of monies lent under a professional practice loan (PPL) and the former partner counterclaimed inducing breach of contract, alleged collateral contract, implied terms and the Contracts (Rights of Third Parties) Act 1999.

Holdstock v Endeavour Personal Finance Limited [2012] EWCA Civ - instructed at the first instance hearing and on appeal on behalf of the lender in relation to a payment protection insurance claim. The Court held that there was no unfair relationship despite the payment and non-disclosure of commission. The claim settled prior to the appeal in the Court of Appeal.

Enterprise Inns plc v Smith [2012] EWHC (London Mercantile Court) - instructed, together with Jonathan Mark Phillips, to seek mandatory injunctions, declarations and default judgment against an individual who made a fraudulent claim under the direct debit guarantee scheme ("DDGS") that the bank would not refuse not to honour.

Payment protection insurance claims - instructed on behalf of some of the leading banks and financial institutions including HSBC, Barclays, Lloyds, Welcome Finance, Abbey/Santander and Lloyds/Black Horse to defend and advise on claims for repayment of payment protection insurance premiums and issues arising out of such claims, including representing the Defendants in Claims Group Direct Limited v Lloyds TSB Bank plc (t/a Welcome Financial Services) and another [2009] (unreported) (Judge Holman, County Court, Manchester) in which a series of PPI claims brought by a claims management company who was the assignee of many individuals’ PPI claims was struck out as being champertous assignments.

Anfield v Bank of Scotland [2010] EWHC 2374 (Ch); [2011] 1 WLR 2414; [2011] 1 All ER 708 – Charlotte was solely instructed, both at the first instance hearing and on appeal in the Part 8 claim seeking declarations that the bank was entitled to be subrogated to the prior mortgage in priority to other chargeholders.

Secret commission claims - instructed in cases concerning allegations of secret commissions under Hurstanger v Wilson [2007] 1 WLR 2351 (CA) brought against the lender.

Bank Charges (2007-2008) - instructed on behalf of leading banks in bank charges and related litigation.

Bank freezing accounts/ Iraq (United Nations Sanctions) Order 2000 - instructed on behalf of a retail bank in breach of contract and/or negligence claim after accounts frozen pursuant to legislation.

Halliday v HBOS plc (2007) - instructed to defend an application brought in the Interim Applications Court to re-open an appeal and for related relief, including committal for alleged contempt of court. (For related proceedings, see Halliday v HBOS plc [2007] EWHC 1780 (QB)).

BGL Realisations Limited (in administration) (2007) - instructed as junior counsel (led by Jonathan Mark Phillips) in multi-party litigation seeking injunctions and further relief against individuals and their banks to prevent fraudulent DDGS claims. Instructed by Clifford Chance LLP.

Charlotte is regularly instructed as sole advocate, and as a junior, to appear in the High Court and County Court in general commercial matters, including fraud claims.

Current and notable instructions include:

Trusts dispute (2017, ChD, ongoing) – instructed on behalf of an international professional trustee in the holiday industry in relation to claims for recovery of trust property and associated relief; allegations of dishonest assistance and knowing receipt. Successfully opposed an interim application in April 2018 in relation to relief from sanctions under rule 3.9 resulting in the defendants being unable to recover their costs of the proceedings.

Lantern v RSM (2017, ongoing) – instructed on behalf of a consumer credit debt collections business in a circa £2.8 million claim against their former professional advisers.

Hacketts v HSBC Bank plc [2016] EWHC (Comm Ct) – Charlotte was originally solely instructed (latterly led by Daniel Toledano QC) in this circa £10m alleged claim for consequential loss against the bank in respect of mis-sold interest rate derivatives. The claim raised LIBOR misrepresentations, which were successfully excluded from the issues in dispute at the case management stage. The claim settled shortly before trial.

Mortgage Express v Countrywide Surveyors Ltd [2016] EWHC 1830 (Ch), [2016] PNLR 35 – solely instructed for the quantum trial after the successful trial on liability (in which Charlotte was led by Paul Lowenstein QC) on behalf of the lender who sought to recover losses as a result of fraudulently inflated valuation rental figures for buy-to-let mortgages. The Court considered whether the lender was entitled to compound interest as damages, on the basis of its lost opportunity to make alternative loans and the authorities on that issue.

MPL v ASL (Ch D) (2016) - instructed in a commercial debt claim raising issues of insolvency set-off and anticipatory breach of contract.

Timeshare dispute (2015) - instructed, together with Andrew Sutcliffe QC, to advise a worldwide provider of timeshare resort services in relation to its contractual obligations owed pursuant to a series of agreements between trustee, site owner, owning companies and timeshare owners/members.

Withers LLP v Rybak [2012] 1 WLR 1748 (Court of Appeal) – instructed as junior counsel, led by Andrew Fletcher QC, on behalf of the appellant, Langbar. The Court of Appeal held, allowing an appeal from the judgment of Morgan J, that (1) no retaining lien arose in favour of solicitors Withers, in respect of monies held in its client account, pursuant to a quasi-freezing injunction, and (2) there was no equitable charge over these monies.

Timeshare agreements multi-party litigation (2010) (HHJ Chambers QC, London Mercantile Court) - instructed as junior counsel (led by Andrew Sutcliffe QC) in a group litigation claim brought against a financial institution in respect of alleged misrepresentations and breaches of contract of timeshare agreements funded by credit offered by the finance provider, under sections 56 and 75 of the Consumer Credit Act 1974.

SITA v Serruys (May 2009 – April 2010) (ChD) - instructed in respect of a £90m deceit and SPA warranty action arising out of the sale of the Easco national scrap metal business. Led by Adrian Beltrami QC and David Head and instructed by Mills & Reeve.

Misuse of confidential information claim (ChD) - instructed by a leading commercial waste disposal company in respect of claims against a former company director for conspiracy, breach of confidentiality, breach of fiduciary duty and breach of contract in respect of the alleged sale of confidential information to a competitor company. Instructed by DMH Stallard.

Claims Group Direct Limited v Black Horse Limited and Lloyds TSB Bank plc (Lawtel 11 Nov 2009) - acted on behalf of the lenders in four test cases brought as a result of over 100 claims issued by the Claimant under what was ruled to be a champertous and unenforceable assignment of any rights of action in respect of mis-selling claims of payment protection insurance.

VTB Bank Europe plc -v- KPMG Bohlins Aktiebolag et alia (2009) (Swedish Court of Appeal) - Charlotte was led by Andrew Fletcher QC on behalf of the bank in a deposition hearing (ordered after a letter of request) pursuant to CPR Part 34 and the 1975 Act in relation to a claim for SEK 285m brought in the Swedish Court by the bank against auditors of a company to whom the bank lent monies.

Breach of warranty claim – advising on prospects of claim before issue. Led to a successful settlement.

SR Technics Acquisition II & Another v. Flsmith - led by Paul Lowenstein QC for the Claimant companies in their action for recovery of sums due under indemnity and other clauses in a business sale agreement.

Reid v Capita Group plc (2006-8) (ChD) contract - (led by Andrew Onslow QC) acted on behalf of the defendant FTSE 100 company in relation to alleged breach of a share sale purchase agreement in respect of the sale of a costs negotiating business.

Breach of services agreement claim (2007) (Comm Ct) - instructed to draft statements of case for breach of a services agreement, which later led to a favourable settlement. Instructed by Jones Day.

IXIS v Corporate & Investment Bank v WestLB AG & ors (2007) (Comm Court) - instructed as part of a Counsel team of Counsel on behalf of Terra Firma, in relation to the high profile commercial litigation concerning the securitisation and subsequent collapse of the Box Clever group. Instructed by Lovells LLP.

Charlotte is regularly instructed, both as sole Counsel and as part of a Counsel team in professional negligence claims, including fraud claims.

Current and recent instructions include:

Mortgage Express v Hall & Co and others (2010 - ongoing) (Ch D, Leeds) - instructed as junior counsel (together with Paul Lowenstein QC) in respect of fraud claims arising out of the £140m mortgage fraud committed by brokers, Newcastle Home Loans in the north-east of England. Charlotte is currently solely instructed in the complex case-management of these £20 million fraud proceedings involving five defendants and over 200 mortgage transactions.

Mortgage Express v Countrywide Surveyors Limited (2015, two-week trial in January 2016) (Ch D, Leeds) - instructed as junior counsel (together with Paul Lowenstein QC) on behalf of the lender in a claim for fraudulent misrepresentations in respect of rental overvaluations given by a valuer relating to a new development in the south-east of England.

Amber Homeloans v Countrywide (2015) – instructed to advise in relation to potential professional negligence claims against valuers.

Mortgage Express v SFM Legal Services Limited and others (2010) (HHJ Waksman QC) - instructed (together with Paul Lowenstein QC) on behalf of the lender in ex parte urgent search and freezing order applications resulting in the successful recovery of over 600 conveyancing files and thereafter in the ongoing litigation.

Negligent accountants’ share valuation (Jan 2010) - advising on prospects and quantum in relation to a negligent share sale valuation: issues relating to loss of a chance; maintainable earnings basis of valuation and margin of error to establish breach.

In tandem with her strong banking and finance practice, Charlotte Is regularly instructed in relation to consumer issues arising out of such disputes and in other consumer-related matters.

Recent and former instructions include:

Secret commission claims – instructed on behalf of financial institutions in relation to Plevin v Paragon Personal Finance Limited [2014] UKSC 61 and Hurstanger v Wilson [2007] EWCA Civ 299 claims for commission.

Townson v FCE Bank plc [2016] ECC 30 – instructed on appeal in relation to an unfair relationship claim made against a creditor whose alleged agent, the car dealership, had mis-sold a payment protection insurance policy.

Section 140A timeshares disputes (2015) – advising a bank in respect of consumer claims brought by individuals under the unfair relationship regime in respect of timeshares entered into financed by credit agreements with the bank.

Customer v Bank (2015) – claim brought against a bank in respect of breaches of Data Protection Act legislation.

Timeshare dispute (2015) - instructed, together with Andrew Sutcliffe QC, to advise a worldwide provider of timeshare resort services in relation to its contractual obligations owed pursuant to a series of agreements between trustee, site owner, owning companies and timeshare owners/members.

Timeshare agreements multi-party litigation (2010) (HHJ Chambers QC, London Mercantile Court) - Charlotte was instructed as junior counsel (led by Andrew Sutcliffe QC) in a group litigation claim brought against a financial institution in respect of alleged misrepresentations and breaches of contract of timeshare agreements funded by credit offered by the finance provider, under sections 56 and 75 of the Consumer Credit Act 1974.

Claims Group Direct Limited v Black Horse Limited and Lloyds TSB Bank plc (Lawtel 11 Nov 2009) - acted on behalf of the lenders in four test cases brought as a result of over 100 claims issued by the Claimant under what was ruled to be a champertous and unenforceable assignment of any rights of action in respect of mis-selling claims of payment protection insurance.

Having completed two secondments in the insurance division of the former Financial Services Authority, Charlotte specialises in Part VII insurance business transfers and appears regularly on behalf of the regulator/s. Charlotte is also developing her practice and is now instructed on behalf of companies to make Part 8 claims for insurance business transfers.

Charlotte’s instructions in this area include:

In the matter of Santander UK plc and another [2018] EWHC (Ch) (written judgment awaited) – Charlotte was solely instructed on behalf of the Skilled Person in relation to Santander’s ring-fencing transfer scheme, including for the two-day sanction hearing in June 2018 before Hildyard J at which the scheme was sanctioned. 

Reliance Mutual Insurance Society Limited [2018] EWHC 820 (Ch) (Fancourt J) – instructed on behalf of the FCA to make submissions at final hearing of a transfer scheme sanctioning a demutualisation of the society.

Reassure and HSBC Life (UK) Limited [2015] EWHC 2664 (Ch) (Snowden J) – instructed on behalf of the FCA to make submissions at the final hearing (attended by policyholders) in respect of the FCA’s reasons for non-objection and views on the benefit security and reasonable expectations of policyholders. In this case the Judge referred to Charlotte's "conspicuously concise and clear submissions" on behalf of the FCA.

Mitsui Sumitomo Insurance (Europe) [2013] EWHC (Ch) (David Richards J) – instructed on behalf of Mitsui (Pollyanna Deane of Simmons & Simmons instructing) to advise and attend directions and final hearing in respect of the Part VII transfer of Mitsui’s UK business to a newly incorporated German company, resulting in the reorganisation of Mitsui’s Continental European business.

Direct Line Insurance and Churchill Insurance Co Ltd [2011] EWHC 1667 (Ch) (Floyd J) – directions hearing at which waiver to notify all policyholders affected by a Part VII transfer was sought.

Sompo Japan Insurance Inc [2011] EWHC 260 (Ch) (Briggs J) - transfer of reinsurance business. Led (in second hearing only) by Jonathan Nash QC.

Cardrow and Tradex (July 2009) - interim hearing on the transfer of general insurance business between motor insurance businesses: issues relating to the proper definition of "policyholder" and the parties to be notified of the transfer to satisfy FSMA, the FSA and the Court.

Royal Sun Alliance v Europa [2008] EWHC 3436 (Ch) (David Richards J)- transfer of general insurance business to Ireland: issues relating to capital adequacy, Pillar I (MCR) and Pillar 2 (ICAS) cover and the imposition of a court undertaking in relation to maintenance of capital.

Pharmacy Mutual Insurance Company Limited v NPA Limited (Dec 2008) - general insurance business transfer within the UK.

St Paul v UIC (Dec 2007) - general insurance business transfer. Swiss Re (Nov 2007) - general insurance and reinsurance business transfer.

New Hampshire v Landmark (Oct 2007) - general insurance business transfer: issues relating to certificates of consent from EEA State Regulators and interpretation of FSMA requirements.

City General v Generali (Oct 2007) - general insurance business transfer. Issues relating to certificates to be obtained by the FSA and interpretation of FSMA, First and Third Non-Life Directives and the Swiss Agreement.

Cavendish v Royal Sun Alliance Insurance plc (July 2007) - general insurance.

Bupa v Quinn (July 2007) - transfer of general insurance business to Ireland.

At the start of her career, Charlotte was seconded twice to the Insurance and Prudential Policy department of the General Counsel Division at the then Financial Services Authority. Charlotte draws on this direct experience in her current practice and advises on a number of regulatory and financial services issues.

Instructions include:

Insurance Distribution Directive – advising the FCA in relation to the implementation of the IDD into its rules and guidance and the impacts of that implementation upon firms.

FSCS – advising the FSCS in relation to payment of claims in respect of unauthorised collective investment schemes.

Russian/Cypriot bank – advising in relation to MCOB regulated activities and passporting issues.

Regulated activities in relation to insurance – advising various entities on perimeter issues concerning contracts of insurance, advising regulated activities, and financial promotions

Regulated activities in relation to lending – advising whether informal lending arrangements amount to regulated activities or financial promotions

Passporting – advising on passporting into Spain and Portugal and notification and agency requirements.

Solvency II drafting (2011) - instructed to transpose parts of the Solvency II directive into FSA Rules.

FSA COBS Rules (2006) - instructed by the then FSA to draft "Conduct of Business" (COBS) rules (now incorporated into COBS14).

Interest rate hedging product mis-selling claim dismissed at trial: Marz Limited v Bank of Scotland PLC [2018] All ER (D) 138 (Feb), LexisNexis PSL, 6 March 2018

Restoring common sense to recoverable loss: Tiuta v De Villiers [2017] UKSC 77, Practical Law Dispute Resolution Blog, 8 December 2017

Will the Mortgage Credit Directive benefit consumers? LexisNexis PSL, 19 February 2015

Considering the scope of misuse of confidential information: CF Partners (UK) LLP v Barclays Bank plc [2014] EWHC 3049 (Ch), LexisNexis PSL, 28 October 2014

Paget's Law of Banking - Ali Malek QC and John Odgers QC - chapters on letters of credit and performance bonds, and documentary credits

Greater reliance on data in mortgage market monitoring LexisNexis PSL, 10 June 2013

Financial Markets and Exchanges Law - (2nd Edition, November 2012) - Michael Blair QC, George Walker and Stuart Willey - chapter on credit rating agencies

Pegasus scholar (2008) - working in the dispute resolution department of Mallesons Stephen Jaques (Melbourne) and judicial assistant to the Chief Justice of the Federal Court of Australia, Michael Black AC

Winner of Middle Temple Mooting Competition (2004)

Seton Scholarship (Downing College, Cambridge) (2003)

Winner of De Smith Mooting Competition (2003)

The Honourable Society of the Middle Temple

COMBAR

Financial Services Lawyers' Association

Pro Bono Unit