Charles has extensive experience in cases involving trusts and insolvency, particularly applications under Art 51 of the Trusts (Jersey) Law 1984, public law trusts proceedings and the recognition of foreign insolvency office holders.
Notable Trusts and Insolvency cases
In the Matter of the I Trust, the J Trust, the K Trust and the L Trust
Acted for the beneficiaries of four substantial family trusts to obtain disclosure from the trustee and successfully argued that the trustee’s indemnity did not apply in respect of its costs.
Prospective Applicant v Chief Officer of the States of Jersey Police
Acted for the applicant in judicial review proceedings pertaining to the decision of the States of Jersey Police to withdraw consent to transact (under the Proceeds of Crime (Jersey) Law 1999) in respect of two Jersey trusts.
Robert Tantular v Her Majesty’s Attorney General
Acted for the Viscount of Jersey (Executive Officer of the Royal Court) in proceedings to restrain trust assets in support of an application by the Attorney General to enforce confiscation orders made in Indonesia. An application by Mr Tantular for leave to appeal to the Privy Council was granted in December 2021.
Hellard and Richardson v Young and Young
Acted for the liquidators of three BVI companies used by the former Mayor of São Paulo to perpetrate a substantial fraud against the Federal Republic of Brazil and the Municipality of São Paulo. Appeared in the recognition proceedings and the first reported case in Jersey of Norwich Pharmacal relief being granted against a law firm.
Margaret Smith (as the Chapter 7 trustee in bankruptcy of the estate of Joseph M DeMauro) v Nedbank Private Wealth Limited, Jersey Branch
Appointed by the United States Bankruptcy Court (Southern District of Florida) as Special Counsel to the Trustee in Bankruptcy. Appeared for the trustee in a successful application for recognition in Jersey and disclosure against Nedbank.
