Andrew Charman

Call: 1994

Introduction

Andrew possesses substantial expertise and experience in chancery work and commercial litigation and his expertise has been recognised by the main directories for many years. He has particular expertise in company law matters, including non-contentious transactional and drafting work and also regularly undertakes heavy-weight financial services work relating to derivatives and other complex financial products. He has substantial experience in professional liability work, including in particular claims involving solicitors, accountants, auditors and tax advisers, financial services professionals and surveyors and valuers.

Andrew’s previous experience as a corporate solicitor at Freshfields in London informs his understanding of complex transactions and financial information, and his expertise in non-contentious advisory and drafting work.

What the directories say:

A highly rated commercial chancery specialist who is able to draw upon his previous experience as a corporate solicitor at a magic circle law firm.   A noted junior whose instructions cover general commercial disputes as well as professional negligence and company and trusts disputes. He is widely praised for his user-friendly approach, which many sources attribute to his prior career as a solicitor at a magic circle law firm. Expertise: “His advice is very practical and very pragmatic, and he is always accessible, which is essential on fast-moving work.” “He is good at working in a team, and is a very astute and knowledgeable counsel.” “He really is a heavyweight; he can cut through the murky facts and provide clearly thought-out solutions.”   CHAMBERS UK 2015.

Chambers & Partners 2014 states that Andrew, “continues to be noted as a highly experienced senior junior, and often handles cases unled in the chancery division and in the appelate courts.”

Previous editions have described Andrew as “very clever” and stated “Market observers rave about Andrew Charman’s knack for relating to clients. Formerly a solicitor in the City, Charman’s sophisticated grasp of complex corporate issues – in particular, his “superb” handling of cases involving hefty transactional work – wins him a level of praise extending well beyond the Midlands Circuit.”

Chancery – “Andrew Charman, who as a former solicitor is prized for his ability to see matters from different angles.  An “approachable and strong advocate,” he is something of an all-rounder, although he has a bias towards insolvency, professional negligence and general commercial matters.”

Commercial Dispute Resolution – “Andrew Charman is applauded as “an authoritative presence in court” who “always inspires confidence.” Sources say he combines great client relationships with  the valuable insight he gained from being a former transactional solicitor. He recently acted in the case of Keay v Morris Homes concerning £8 million worth of claims arising from alleged breaches of contract.”

Andrew is also recommended by Legal 500 for Chancery, Commercial, Insolvency and Banking work.

Recent Cases:

Advising on and drafting a shareholders’ agreement and amendments to articles of association.

Representing a party defending a claim brought by Twentieth Century Fox, MGM , Disney and other film studios for a declaration of constructive trust by reason of the alleged receipt of proceeds of internet piracy.

Advising a national house builder on the proper construction of a contract.

Representing a Respondent to a section 994 petition.

Advising and representing a German company in a claim in the Commercial Court in relation to a claim for repudiatory breach of a distribution agreement.

Advising and representing various claimants in claims against banks for mis-selling of derivatives.

Advising and representing claimants in professional negligence claims against accountants and tax advisers.

Advising on the proper construction of will trusts.

Advising trustees in connection with the exercise of discretionary dispositive powers.

Reported Cases:

Keay v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] 1 W.L.R. 2855; [2012] 2 P. & C.R. 18; [2012] 2 E.G.L.R. 173.  Represented property investors at first instance and in Court of Appeal on issue relating to section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 and applicability to completed contracts and collateral contracts.

George Wimpey (Manchester) Ltd v Valley & Vale Properties Ltd (In Administration) [2012] EWCA Civ 233; [2012] 2 E.G.L.R. 113; [2012] 19 E.G. 96.  Represented Wimpey at first instance and in the Court of Appeal of the question of the availability of specific performance for part of a contract and whether an unpaid vendor’s lien arose on the surrender at a premium of a long leasehold interest to the freeholder.

Yarwood v Yarwood’s Trustee in Bankruptcy [2010] EWHC 2272 (Ch); [2010] 3 F.C.R. 311; [2010] B.P.I.R. 1443; (2010) 154 (36) S.J.L.B. 33; [2010] N.P.C. 93

A claim to set aside a transfer of property pursuant to an agreement made as part of an ancillary relief claim prior to the presentation of a bankruptcy petition but performed after the petition was presented.

Perrins v Holland [2010] EWCA Civ 1398; (2010) 154(47) S.J.L.B. 30.

Acting for executors in relation to a dispute as to capacity and whether the rule in Parker v Felgate remains good law, and the ability of executors to recover their costs where a beneficiary is separately represented. Successfully defended in the Court of Appeal the costs order in favour of the executors made by Lewison J at trial.

Bovis Homes Ltd v Persimmon Homes Ltd [2010] EWCA Civ 1252; [2010] N.P.C. 108

Represented Bovis in a summary judgment claim in relation to the exercise of a £9.5 million put option over development land, succeeding at trial and in the Court of Appeal.

Perrins v Holland [2009] EWHC 2558 (Ch); [2010] W.T.L.R.95; (2009) 153(41)S.J.L.B.30 (Lewison J).

Acting for executors in relation to a dispute as to capacity and whether the rule in Parker v Felgate remains good law, and the ability of executors to recover their costs where a beneficiary is separately represented.

SOS for Business Enterprise and Regulatory Reform v Sullman [2008] EWHC (Ch) 3179, [2009] 1 BCLC 297, [2010] BCC 500 (Norris J.)

Representing the founder of Claims Direct plc in proceedings and at trial relating to directors’ disqualification.

Jones and Others v Firkin-Flood and Others [2008] EWHC 2417 (Ch), [2008] All ER (D) 175 (Briggs J)

Represented the Claimant trustees in relation to the administration and distribution of a £15m trust fund, and trustees’ powers to dispose of shares in a private company, approval of a resolution to distribute and applications to remove trustees.

Witmann (UK) Ltd v Willdav S.A. [2007] EWCA Civ 824, [2007] BLR 509

Acted for a guarantor in a dispute as to construction of a guarantee and the scope of the rule in Holmes v Brunskill.

Witmann (UK) Ltd v Willdav S.A. [2007] EWCA Civ 521

Acted for an appellant successfully resisting in the Court of Appeal an application to lift a stay and for security for an appeal.

South Oxfordshire DC v SITA UK Ltd [2006] EWHC 2459 (Comm.) (David Steel J), [2007] Env.LR 13

Acting for a local authority in a multi-million pound public procurement contractual dispute.

In Re The National Union of Flint Glass Workers [2006] BCC 828

Representing the petitioner unregistered trades union on an application for its dissolution (there being no authority as to jurisdiction and methodology for winding up an unregistered trades union prior to this case) and the winding up of its superannuation fund.

Accident Assistance Ltd v Hammond Suddards Edge [2005] EWHC (Ch) 202, [2005] PNLR 29 (Hart J.)

Represented a subsidiary of General Electric in a multi-million pound solicitors’ negligence action.

Barnes (Inspector of Taxes) v Hilton Main Construction Ltd [2005] EWHC (Ch) 1355, [2005] STC 1532, [2005] BTL568, [2005] STC; 77 T.C. 255; [2005] B.T.C. 568; [2005] S.T.I. 834 (Lewison J.)

Represented a construction company in a dispute with HMRC about the construction industry tax deduction certification scheme and issues arising under the Human Rights Act 1998.

De Crittenden v Bayliss [2002] EWCA Civ 50

Representing at trial and in the Court of Appeal an individual successfully overcoming a claim of champerty and obtaining judgment for a share of the proceeds of litigation in which he had assisted the claimant.

Grindal v Hooper [1999] E.G. 150 (C.S.); (1999) 96(48) L.S.G. 41; (2000) 97(3) L.S.G. 35; (2000) 144 S.J.L.B. 33; Times, February 8, 2000.

Articles and Publications:

  • Misrepresentation and bond issues: liability on the secondary market B.J.I.B. & F.L. 2011, 26(1), 17-19.
  • Jones v Firkin-Flood: trustees – how to sell a business and distribute the proceeds P.C.B. 2010, 3, 181-188.
  • Andrew’s book: Shareholder Actions will be published by Bloomsbury Professional in February 2013.

Qualifications and Appointments:

  • M.A. (Cantab)
  • Formerly a Solicitor in the Corporate Department at Freshfields in London
  • ADR Group Accredited Mediator
  • Member of the Chartered Institute of Arbitrators


My Expertise