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Charlotte
Eborall undertakes general commercial work including banking
and financial services, insolvency, bankruptcy, insurance,
professional negligence, commercial fraud and company law.
General Commercial work
Charlotte
is regularly instructed to appear in the County Court and
High Court in general commercial matters.
Charlotte
is currently instructed as a junior (led by Andrew Onslow
QC) on behalf of a FTSE 100 company, in relation to alleged
breach of a share purchase agreement in respect of the sale
of a costs negotiating business.
Other
current and recent instructions include:
-
Instructed to advise upon enforcement of a foreign judgment
in the English courts.
- Instructed
on behalf of the largest financial services provider in
the UK in relation to its claims or potential claims by
or against independent financial advisers in respect of
the recovery of monies paid out for complaints made by customers
relating to mortgage endowment mis-selling and mis-selling
of other financial products.
- Instructed
on behalf of a services company in the meat industry to
draft pleadings in respect of a Commercial Court claim for
breach of a services agreement.
- Instructed
by in-house counsel of a leading UK telecommunications provider
in relation to claims made under the Unfair Terms in Consumer
Contracts Regulations 1999 and application for an injunction
for alleged harassment in relation to contractual "lock-in"
clauses and related charges.
- Instructed
as part of a team of Counsel in relation to the high profile
commercial litigation concerning the securitisation and
subsequent collapse of the Box Clever group.
Instructed on behalf of a procurement services company in
respect of unpaid fees. Successfully mediated a settlement
of the full value of the fees and legal costs.
- Regularly
instructed on behalf of a leading employment services agency
in respect of the recovery of fees under agency and services
contracts.
- Instructed
to research conflict of laws issues concerning submission
to the jurisdiction and drafting a defence in relation to
proceedings to enforce an Iranian judgment in England.
- Instructed
to research conflict of laws issues concerning the proper
application of the doctrine of renvoi.
- Instructed
as a junior (led by John Jarvis QC) on behalf of a bank
to research legal issues including breach of fiduciary duty,
waiver, economic duress and undue influence in preparation
for an appeal against a Hong Kong judgment.
Financial
Services
This
is a key area for Charlotte following a 6-month secondment to
the Insurance and Prudential Policy department of the General
Counsel Division at the Financial Services Authority.
During
her secondment, Charlotte advised on perimeter guidance for
insurance contracts, conduct of business and FSA principles
in respect of firms' asset share setting practices for with-profits
funds, waivers and variations of FSA Handbook rules, Treaty
and passporting rights under FSMA, Part VII business transfers,
changes of control, information sharing between regulators,
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
continues to receive instructions from the FSA and is currently
instructed by the FSA to advise upon and appear in Part VII
FSMA insurance business transfers in the High Court.
Other
recent former instructions include:
- Instructed
on behalf of a financial services provider (see above) to
advise upon FSMA and PIA related matters concerning mis-selling
of financial products, training and guidance and complaints
handling procedures.
- Instructed
to advise a foreign client in relation to the money laundering
and Know Your Customer (KYC) money laundering rules and
regulations.
- 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.
- Instructed
by the FSA to draft new "Conduct of Business"
(COB) rules in relation to preparing and providing product
information to clients and customers.
Banking
Charlotte
is regularly instructed in relation to disputes between banks
and customers arising out of, in particular, the recent bank
charges litigation.
- Instructed
on behalf of a leading high street bank in respect of a
claim for breach of contract and/or negligence arising out
of the freezing of the customer's bank accounts pursuant
to the Iraq (United Nations Sanctions) Order 2000.
- Instructed
by one of the "Big Five" banks to attend the Interim
Applications Court in respect of a claim made to re-open
an appeal and for related relief.
- Instructed
on behalf of several of the leading high street banks in
respect of bank charges and related claims.
- Instructed
on behalf of a leading high street bank in respect of a
High Court claim for alleged breach of contract concerning
the setting up of a commercial payment facility.
- Successfully
opposed an application for a warrant of possession to be
suspended by the defaulting mortgagor.
- Instructed
to appear on behalf of the solvent spouse against a bank
in proceedings in the Newcastle District Registry in respect
of an application to suspend a warrant of possession.
Corporate
and Personal Insolvency
Charlotte
is regularly instructed in relation to general insolvency
work, including winding up and bankruptcy petitions, statutory
demands and related proceedings.
Current
and recent instructions include:
- Instructed
on behalf of the Trustee in Bankruptcy for the trial of
the contested application for an order for possession and
sale under TLATA. Trial is scheduled to take place in 2007.
- Instructed
by the Petitioning Creditor in respect of an application
to annul a bankruptcy order and related proceedings.
- Instructed
on behalf of Administrators in relation to applications
for extensions of term of office.
Insurance
and Reinsurance
Recent
instructions include:
- Successful
application for summary judgment on basis of material non-disclosure
in respect of a claim made by the insured under an insurance
policy. Instructed to act on behalf of the insurer.
- Instructed
as a junior (led by Christopher Symons QC and Richard Brent)
on behalf of a Defendant insurance broker in a Commercial
Court claim (which settled).
Awards
and Scholarships
- Winner
of Middle Temple Mooting Competition
(2004)
- Seton
Scholarship (Downing College, Cambridge) (2003)
- Winner
of De Smith Mooting Competition (2003)
Professional
Membership
- Middle
Temple
- COMBAR
- Pro
Bono Unit
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