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

Email the Practice Managers:

SeniorJuniorsPMs@3vb.com

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 insurance business transfers) and professional negligence (including fraud).


“She really gets to know the client and gives good, practical, commercial advice. Her written work is really excellent as well.”

Chambers & Partners UK 2015

“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 in relation to claims made by or against banks, independent lenders and finance companies to advise, draft pleadings and to attend court. Matters that Charlotte has dealt with include debt claims, the Consumer Credit Act, the Sale of Goods Act, mortgages and related transactions, insurance linked to financial products and hire-purchase, conditional sale and lease purchase agreements.

Current and recent instructions include:

RBS v McCarthy (Oct 2015, 5-day trial QBD, Mercantile Court) - instructed as sole counsel for trial to defend a counterclaim for inducing breach of contract in respect of the non-payment by a law firm of the capital contribution made by a partner in the firm, funded by way of loan from the bank.

Manley v Santander (June 2015, appeal November 2015) - instructed at first instance and on appeal in relation to a section 14A Limitation Act 1980 plea in respect of alleged negligent mis-selling advice given by the bank to its customer

Hackett v HSBC Bank plc (June 2015, Comm Ct) - instructed as sole counsel in a consequential loss claim in excess of £5m brought against the bank in respect of mis-sold derivative products, raising allegations of LIBOR misrepresentation.

Bank v customer (May 2015) - instructed on behalf of a bank to defend a claim brought in relation to the construction of a settlement offer made in interest rate swaps FCA Review.

LRS v Bank (Feb 2015) - instructed to advise and draft statements of case in relation to a claim for consequential losses as a result of alleged non-reduction of monthly loan repayments in accordance with variable interest rate.

Bank v customer (Jan 2015) - instructed to advise, plead and attend hearings in possession claim based on a guarantee raising defences relating to the guarantee.

Various interest rate swap mis-selling claims (2012 - ongoing) – instructed, together with David Quest QC, to advise a retail bank on the FCA Review agreement and on strategy in relation to that review. Solely instructed in relation to numerous interest rate swap mis-selling claims, at review, FOS and in litigation to advise, draft, attend CMCs and interim hearings. 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 instructed as advocate on the application).

Holdstock v Endeavour Personal Finance Limited (Court of Appeal, Dec 2012) - 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 upon appeal.

Enterprise Inns plc v Smith (June 2010) (LMC) - 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 (2010 ongoing) - instructed on behalf of some of the leading banks and financial institutions including HSBC, Barclays, Lloyds, Welcome Finance, Abbey/Santander and Black Horse to defend and advise on claims for repayment of payment protection insurance premiums and issues arising out of such claims.

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

Secret commission claims (2009) - instructed in and successfully defended three cases concerning allegations of secret commissions under Hurstanger v Wilson [2007] 1 WLR 2351 (CA) against a lender.

Stevens and Stevens v Abbey (Jan- May 2009) (Maidstone County Court, HHJ Caddick) Successful appeal against summary judgment and then favourable settlement at trial of alleged mortgage advice claim.

Obibi and Zebra Systems (April 2009) (County Court) Successful discharge of injunction wrongly made against collection company agent to recover a debtor's vehicle under unregulated hire purchase agreement.

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 (2007) - instructed on behalf of NatWest in breach of contract and/or negligence claim.

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.

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:

MPL v ASL (Ch D, ongoing) - Charlotte is currently solely instructed in a commercial debt claim raising issues of insolvency set-off and anticipatory breach of contract.

Timeshare dispute (2015 ongoing) - Charlotte has recently been 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) –Charlotte was 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) - 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.

SITA v Serruys (May 2009 – April 2010) (ChD) - instructed as part of a team of three juniors to draft witness statements 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 (listed for five-day trial January 2010; settled) (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.

Financial services network provider claims against appointed representatives (2005-2010)  - Charlotte was regularly instructed to advise and appear on behalf of the UK's largest financial services network in relation to claims made by and against the Network to recover debts and monies owed by their former appointed representatives for regulatory charges, 'clawback' commissions and monies paid out for complaints made by customers relating to mortgage endowment mis-selling and general mis-selling of other financial products, raising both contractual and regulatory issues.

Warranty claim breach of share sale agreement (2009) - instructed to advise before issue of proceedings on prospects of success of breach of warranty claim. Led to a successful settlement.

SR Technics Acquisition II & Another v. Flsmith (2007-8) (Comm Court) aviation - led by Paul Lowenstein (now QC) for the Claimant companies in their action for recovery of sums due under indemnity and other clauses in a business sale agreement. The underlying issues concern the adequacy of the maintenance of commercial passenger aircraft service and maintenance records and the associated CAA regulations.

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. Heavily involved in disclosure of documents and applications relating to disclosure; drafting of witness statements; assisting with expert's report; applications and matters leading up to trial.

Breach of services agreement claim (2007) (Comm Ct) - instructed on behalf of a services company in the meat industry 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 team of Counsel on behalf of Terra Firma, the third defendant who assisted with a securitisation model and against whom the claimant alleged deceit and fraudulent/negligent misrepresentations, in relation to the high profile commercial litigation concerning the securitisation and subsequent collapse of the Box Clever group. Instructed by Lovells LLP.

 

 

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.

Current instructions include:

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) – advising and appearing in a claim brought against a bank in respect of breaches of Data Protection Act legislation.

Timeshare dispute (2015 ongoing) - Charlotte has recently been 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.

Consumer Credit Act claims (2010 ongoing) - Charlotte is regularly instructed to attend hearings and advise on CCA matters, including types of credit agreements; linked transactions and total charge for credit; antecedent negotiations and connected lender liability; CCA notices; enforceability of agreements; unfair relationships; extortionate credit bargains and limitation issues.

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:

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 concerning a waiver of the regulatory and legal requirement to notify all policyholders affected by a Part VII transfer.

Sompo Japan Insurance Inc [2011] EWHC 260 (Ch) (Briggs J) - (adjourned) final hearing: advising upon and dealing with objections to the proposed 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.

Between November 2005 and May 2006, Charlotte was seconded to the Insurance and Prudential Policy department of the General Counsel Division at the Financial Services Authority. During her secondment, Charlotte advised on whether contracts constituted insurance contracts under PERG, conduct of business and FSA principles in respect of firms' asset share setting practices for with-profits funds (the former COB and ICOB), waivers and variations of FSA Handbook rules (IPRU-INV and former PRU), Treaty and passporting rights under FSMA (Part III), insurance business transfers (Part VII), changes of control, information sharing between regulators and confidentiality, consulting with the Treasury on the drafting and policy concerning 'Solvency II' and advising upon complaints made by Lloyds members in respect of Lloyds. Charlotte returned to GCD between October and December 2007 to assist the FSA in particular on insurance business transfers and prudential insurance matters.

Charlotte draws on this direct experience in her current practice and advises on a number of regulatory and financial services issues.

Other current and former instructions include:

Russian/Cypriot bank (2015) – advising a subsidiary of a Russian bank in relation to regulated activities under MCOB and passporting issues in relation to a potential expansion of business into the UK.

Regulated activities in relation to lending (April 2015) – advising a firm in relation to informal lending arrangements and whether engaging in any regulated activities or financial promotions

Passporting into Spain and  Portugal (March 2015) – advising a UK FCA regulated firm on passporting, under the Insurance Mediation Directive, 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.

Solvency FSA rules (Nov 2010) - advising a group upon their prudential requirements and the definition of head office for the purpose of FSA rules. Instructed by Freshfields.

Money Laundering quarterly report (2005-2006) - advising (together with Michael Blair QC) a foreign client in relation to money laundering regulations in the UK and Know Your Customer (KYC) rules. Instructed by Pinsent Masons.

FSA v MacDonald (2006) - instructed on behalf of an individual financial adviser to draft written representations to contest a FSA warning notice proposing removal of the individual from the FSA as a fit and proper person.

FSA COBS Rules (2006) - instructed by the FSA to draft new "Conduct of Business" (COBS) rules in relation to preparing and providing product information to clients and customers (now incorporated into COBS14).

Charlotte is regularly instructed, both as sole Counsel and as part of a Counsel team in professional negligence and fraud claims brought by banks and other mortgage lenders against their valuers and/or solicitors.

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.

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 (14th Edition, September 2014) - 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

The Modern Law of Guarantee - Salter (forthcoming) - chapter on the right to contribution between co-guarantors and guarantor's right to securities

 

FSA Investigations and Enforcement and the Financial Services Act 2010 for Fasken Martineau LLP

Introduction to financial services regulation for Withers LLP

Enforcement proceedings by the FSA for Latham & Watkins LLP

Lender/Mortgagee claims against solicitors for Cobbetts LLP

Introduction to Jurisdiction for DLA Piper UK LLP

Jurisdiction Agreements and enforceability for Bird & Bird LLP

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