Charles Irvine > Chambers of David Berkley QC > London, England > Lawyer Profile

Chambers of David Berkley QC
3PB
3 PAPER BUILDINGS, TEMPLE
LONDON
EC4Y 7EU
England

Work Department

Commercial; Property and Estates

Position

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.

COMMERCIAL

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.

Contentious

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
  • Partnership
  • Breach of contract
  • Agency
  • Misrepresentation

Non-contentious:

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) [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 : [2019] 2 WLUK 327)

Bayerische Motoren Werke AG v Technosport London Ltd & Agyeton [2016] 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 [2014] EWHC 3384 (IPEC)
High Court application to set aside default judgment on terms in a passing off case.

GHML v Maroo [2012]
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.

Recent cases

  • Carshalton Beeches Bowling Club Limited v Seaton House School [2020] –  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 TelegraphThe Times, the Evening Standard and the Daily Mail.
  • Shah & Shah v Greening & Greening [2015] – 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 [2015] – 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 [2014] – First Tier Tribunal Property Chamber (Residential Property) appeal against the refusal to revoke an Interim Management Order.

Career

Year of call 2010

Education

•    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

Regional Bar > South Eastern Circuit > Company and insolvency

(Leading Juniors) Ranked: Tier 1

Charles Irvine3PBTurns matters round quickly, is very good value for money and is at the end of the phone to discuss technical queries when the need arises.

Charles Irvine at 3PB is adept at handling insolvency matters, particularly with respect to individual bankruptcies and corporate liquidations, including ones involving disputes between company directors.

Regional Bar > South Eastern Circuit > Property and construction

(Leading Juniors) Ranked: Tier 1

Charles Irvine3PBHis grasp of the issues and his knowledge of the law are second-to-none.