2tg
Charles Dougherty
Call: 1997
Expertise
Banking & Finance Commercial Commercial Fraud Insurance & Reinsurance Private International Law Professional Negligence
Qualifications
BA BCL (Oxon)
Winchester College (1985-1990)
Magdalen College; University of Oxford (1990-1994):
Jurisprudence BA; Postgraduate BCL
Middle Temple Astbury Scholar
Practice Profile
Practice Profile
Charles specialises in commercial law, in particular commercial fraud, banking, professional negligence, private international law and insurance. Prior to joining chambers, Charles was a management consultant and a law lecturer. He is recommended in the legal directories for insurance and reinsurance, commercial fraud, travel and professional negligence. He is an assistant editor of European Civil Practice (Sweet & Maxwell, 2nd ed). He has also been called to the Bar of the British Virgin Islands.
“Impresses solicitors as exceptionally bright and wonderful to deal with” (Legal 500 2006)
“Respected” (Legal 500 2007)
“His drafts are bloody good, and his advice is always accurate” and “he can place his knowledge in a commercial context” (Chambers & Partners 2008)
“Versatile” (Legal 500 2008)
“Incredibly switched-on”; "really knows his subject" (Chambers & Partners 2009)
“Recommended” (Legal 500 2009)
“Hugely bright junior”; “technically immaculate and calm under fire”; “just so able and impressive"; “knows the law inside out” (Chambers & Partners 2010)
Acted in a wide range of banking and financial services claims, including cases involving breach of mandate, mortgages, letters of credit, demand guarantees, bills of exchange, cheques, electronic money transfers, money laundering and prime bank guarantee fraud. He has also been instructed to defend individuals and firms who have been subject to FSA enforcement action.
Experience of major contractual disputes, in particular cases involving sale and supply of goods and services, director’s duties, director disqualification proceedings, licensing agreements, breach of confidence, breach of fiduciary duty, restrictive covenants, breach of warranty claims, restitution, rectification and misrepresentation. He is also has significant experience of security for costs applications and interim injunctions.
Wide experience of handling complex fraud claims (including claims involving deceit, breach of trust, breach of fiduciary duty, dishonest assistance, knowing receipt, conspiracy and conversion), in particular cross-border tracing and urgent applications to locate and freeze assets and preserve evidence. He also lectures extensively to solicitors on fraud matters, in particular freezing orders, search orders and asset tracing.He is recognised by both Chambers & Partners and Legal 500 as a leading practitioner in the field.
Wide experience of insurance/ reinsurance disputes (including Lloyd’s disputes) arising out of a range of different covers, including property, life, fidelity, professional indemnity, jewellers, employer’s liability, public liability, personal accident and business interruption. He has also acted in a large number of cases for and against brokers. He has particular experience of dealing with fraudulent claims and claims with a multi-jurisdictional element. He has also advised a leading insurers on various aspects of the impact of FSMA. He is recommended in Chambers & Partners and Legal 500 as a leading insurance junior.
Considerable experience of claims involving barristers, solicitors and insurance intermediaries. He is an editor of 2tg’s professional negligence journal, On Duty. He is recognised by both Chambers & Partners and Legal 500 as a leading professional negligence junior.
Notable Cases
Ace European Ltd v Rolls - Royce (Com Ct) [2010] EWHC 1869 [insurance; scope of cover; jurisdiction] (Instructed by Kennedys)
Lockheed Martin Corp v Willis Group Limited (CA/
Re
Kolmar Group v Visen Industries (
A v B (LCIA Arbitration) (2008 - ongoing) [shareholders dispute; breach of fidiciary duty; deceit] (Instructed by Dewey & LeBoeuf)
Mopani v Cooper Gay (
X v Y (High Court of BVI) (2008- 9) [Alleged US$50m fraud; jurisdiction; forum conveniens; receivership orders; worldwide freezing orders] (Instructed by Norton Rose/ Harneys)
Hornsby v James Fisher Rumic (QBD) (2007-9) [2008] EWHC 1944 (QB) [Private International Law; accident in UAE territorial waters; applicable law of tort; UAE limitation period] (Instructed by Stephenson Harwood)
Gater Assets v Naftogaz (Nos 1,2 and 3) (CA/ Com Ct) [2008] 1 Lloyd's Rep. 479; [2007] 2 Lloyd's Rep. 588; [2007] 1 Lloyd's Rep 522 [Enforcement of New York Convention arbitration award; freezing order; availability of security for costs against award holder; whether enforcement should be refused on grounds of fraud/ public policy; Judgments Act interest on awards] (Instructed by Clyde & Co)
Raja v Hoogstraten;
Royal Bank of Scotland plc v Kiely (
Novoship
ING (UK) Ltd v R+V Versicherung AG (CA/
Harding v Wealands (HL/ CA/ QBD) (2004-6) [2006] UKHL 32; [2006] 3 WLR 83 (HL); [2005] 1 WLR 1539 (CA) [Jurisdiction; applicable law; approach to assessment of damages; difference between substance and procedure; ss 11 & 12 of the Private International Law (Miscellaneous Provisions) Act 1995] (Instructed by Kennedys)
R+V Versicherung AG v Risk (CA/ Com Ct) (2003-7) [2006] Lloyd's Rep IR 253 [Commercial fraud; Reinsurance; freezing order; conspiracy; estoppel; abuse of process; recoverability of management expenses] (Instructed by LeBoeuf Lamb Greene & MacRae)
R+V v Chalhoub (
Roiter Zucker (a firm) v Minai (QBD) [2005] EWHC 2676 (QB) [Professional negligence; purchase of £7.2m property; allegation of excess of authority] (Instructed by Kennedys)
BCCI v Saadi (QBD) (2005) [2005] EWHC 2256 (QB) [Fraud; breach of fiduciary duty and trust; misappropriation of monies; compound interest; enforcement against third party] (Instructed by Lawrence Graham)
Shamil Bank of Bahrein v Bexinco (
Cartier v Rached (
Nokia v Interstone Trading Ltd (
Lindner Plc v WGS (2003-4) (TCC) [Barrister’s and solicitor’s negligence; alleged negligent advice on costs offer in arbitration proceedings] (Instructed by Kennedys)
Pedley v
Firth v Carib Holdings (QBD) [2003] EWHC 2112 (QB) [Jurisdiction; forum non conveniens] (Instructed by Herbert Smith)
Whiteleys Insurance Consultants v AIG (
FSA v X (2002-3) [FSA enforcement powers; prohibition orders] (Instructed by Kendall Freeman)
Thistle Hotels Plc v Orb (Ch Div) (2002 – 2004) [2004] 2 BCLC 174 [breach of warranty; taxation issues; rectification; security for costs] (Instructed by Memery Crystal)
IPC v City of
Connollys v Taylor (QBD) (2002) [solicitors negligence; liens over papers] (Instructed by Middleton Potts)
Hulse v Chambers (QBD) [2001] 1 W.L.R. 2386 [Choice of law; Private International Law (Miscellaneous Provisions) Act 1995] (Instructed by Kennedys)
Heil v Rankin (CA) [2001] Q.B. 272 [Principles underlying general damages for pain, suffering and loss of amenity; relevance of Law Commission report; ECHR Art 6 and Art 1 of First Protocol] (Instructed by MIB)
Burns v General Accident (CA) [1999] 2 All ER 27 [Third Party (Rights Against Insurers) Act 1930; disclosure] (Instructed by Beachcroft Wansbroughs)
Additional Information
Affiliations
- Commercial Bar Association (COMBAR)
- Professional Negligence Bar Association (PNBA)
- British German Jurists Association
- Commercial Fraud Lawyers Association (CFLA)
Publications
- Harding v Wealands, International and Comparative Law Quarterly, Vol. 56, No. 2. (April 2007), pp. 443-453 (with Lucy Wyles).
- European Civil Practice, Sweet & Maxwell (2nd ed, 2004.), assistant editor
- Researching the Legal Web, ed. Delia Venables & Nick Holmes (2nd edn), Butterworths, contributor
- Expert Witnesses in the Commercial Court (with Michael Black QC) New Law Journal Vol 152 at 264 (2002)
- Contribution notices against overseas defendants (2002) All England Legal Opinion
Languages
- Fluent French and Swedish. Good German.
Previous Positions
- Lecturer and Researcher in contract and tort at the Free University of Berlin; Management consultant with leading European consultancy, working on strategy consultancy for major multinationals, particularly in the financial services sector.
