Charles Irvine > Chambers of David Berkley KC > London, England > Lawyer Profile
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Commercial; Property and Estates.
Charles Irvine is regularly instructed in the High Court and County Court on a range of civil matters covering commercial, property & trusts and regulatory proceedings. He is able to accept instructions on a direct public access basis.
Charles is an experienced commercial litigator, specialising in disputes involving contractual and shareholder disputes, as well as company, partnership and LLP law and claims against professionals.
Charles’ broad litigation practice covers most areas of the law normally litigated in the Queen’s Bench and Chancery Division, including:
- Company litigation
- Corporate and individual insolvency
- Breach of contract
Charles advises companies, directors, shareholders, the buyers and sellers of business in all commercial transactions in respect of:
- Directors’ duties;
- Partnership agreements;
- Preparing standard terms and conditions;
- Exclusivity agreements;
- Franchise agreements.
Recent and reported cases:
In the matter of Sinton European Logistics Ltd (2019)  2 WLUK 327
Charles successfully represented the liquidator of Sinton European Logistics in a claim brought against the former director of the company that had gone into creditors’ voluntary liquidation. The director was liable to pay £20,360 to the liquidator in respect of various payments made, before the company had gone into liquidation, in breach of his fiduciary duty as director. (LTL 22/2/2019 EXTEMPORE :  2 WLUK 327)
Bayerische Motoren Werke AG v Technosport London Ltd & Agyeton  EWHC 797 (IPEC)
High Court trial concerning passing off and trade mark infringement of the BMW word mark and roundel logo.
Doctor Associates Inc v Hussain  EWHC 3384 (IPEC)
High Court application to set aside default judgment on terms in a passing off case.
GHML v Maroo 
Led by David Berkley QC of 3PB for permission to appeal to the Court of Appeal on the fiduciary duties owed by directors.
Advising a large group of companies on their standard terms and conditions and updating the same in light of the Consumer Rights Act 2015.
Banking and Finance
Charles advises on and appears for SMEs on a significant number of interest rate hedging product (IRHP) mis-selling cases, with David Berkley QC of 3PB, raising Financial Services and Markets Act 2000 breaches and raising limitation and Suremine issues.
Regularly instructed on behalf of lenders in a range of contractual and enforcement of security proceedings.
Junior counsel to David Berkley QC of 3PB in a SME mis-selling claim against a large banking group, which settled and was reported in the Sunday Times (2 August 2015).
PROPERTY AND ESTATES
Charles enjoys a busy property practice and his experience includes:
- Real property: Contentious and non-contentious matters, including mortgages, covenants, easements and trusts in land
- Landlord and Tenant: Commercial and residential landlord and tenant law, including possession, advising on secured and assured tenancies, 1954 Act renewals and forfeiture and surrender
- Insolvency: Corporate and individual insolvency and associated Companies Act 2006 and Insolvency Act 1986 applications, including all stages of winding-up and bankruptcy, applications under sections 171 to 177 of the Companies Act 2006, applications to setting aside statutory demands, injunctions and validation orders
- Housing: Housing Act 1996 and 2004 matters, including licensing for houses in multiple occupation, challenging interim and final management orders and Housing Act 1996 appeals.
- Carshalton Beeches Bowling Club Limited v Seaton House School  – A 3 day trial in the County Court at Central London. Charles successfully represented the Defendant, Seaton House School, named Independent Preparatory School of the Year 2018, in a claim brought for a business lease renewal under the Landlord and Tenant Act 1954 and a claim under proprietary estoppel. The case has attracted news coverage including in The Telegraph, The Times, the Evening Standard and the Daily Mail.
- Shah & Shah v Greening & Greening  – A 2 day trial in the High Court concerning the specific performance of a contract for sale which raised issues of illegality and exceptional hardship.
- Pressland v Sonigara  – A 2 day trial at the County Court at Central London concerning the surrender of a lease by operation of law.
- Hayatt v Cherwell District Council  – First Tier Tribunal Property Chamber (Residential Property) appeal against the refusal to revoke an Interim Management Order.
Year of call 2010
• 2009 – 2010: Bar Vocational Course, City Law School, Graded “Outstanding” (ranking well within the top 20 students that year).
• 2008 – 2009: Graduate Diploma in Law (CPE), City University.
• 2005 – 2008: BA (Hons), University of London (Royal Holloway).
Lawyer Rankings(Leading Juniors)Ranked: Tier 1
Charles Irvine – 3PB ‘Charles’ strengths are his attention to detail, ability to develop and execute effective strategies. He is able to put forward his client’s position in an effective and most persuasive way.’(Leading Juniors)Ranked: Tier 1
Charles Irvine –3PB ‘Charles’ knowledge and experience in construction law are second to none. His drafting of pleadings demonstrates that he can grasp the issues succinctly and effectively articulate them.’
3PB is ‘a reliable and extremely well-organised chamber’ with ‘a repertoire of barristers who are well versed in their chosen practice area and promptly turn around exceptional work’. Veteran social housing practitioner Joshua Dubin has extensive experience acting for tenants, occupiers, and local authorities. Charles Irvine is a ‘top-notch tactician’ and successfully defended a complex claim, including allegations of fraud, brought by one sister against another in a claim concerning the rectification of deeds upon the division of a large estate. Louise Worton is a specialist property and Chancery practitioner with an emphasis on landlords and tenants.