Charles has been instructed in a broad range of commercial and civil fraud proceedings.
Notable Commercial and Civil Fraud cases
HSRE CI Holdco Limited v Crosslane Property Group UK Limited and Ors
Acted for the successful respondent to an application for an injunction in the form of an order for rectification under Article 47(1) of the Companies (Jersey) Law 1991 (“Art 47”). It was the first time the issue had been considered in Jersey. The Court refused the application on the basis that, in order for Art 47 relief to be available, HSRE had to establish legal title to the shares in question – and that was a question to be determined at trial.
Sheyko v Consolidated Minerals Limited
Acted for the claimant in a c$15m breach of contract claim against his former employer – a Jersey company controlled by its Chinese parent and UBO. These proceedings included a $10m freezing order and successful application to have the defendant struck out for discovery failings. That decision was upheld on appeal and in November 2022 leave to bring a petition of doléance was refused by the Privy Council.
Emirates NBD Bank P.J.S.C v Almakhawi and Ors
Acted for the claimant bank to obtain a series of freezing and disclosure orders and draft proceedings to enforce a judgment of the Dubai Court of Cassation and unwind a c$21m disposition into a Jersey trust as a fraud on creditors (Pauline Action).
Satfinance Investments Limited v Valla Limited
Acted for the victim of a substantial art fraud to obtain Norwich Pharmacal disclosure from a Jersey corporate service provider. In a subsequent application the clamant sought to use the disclosed information for a collateral purpose. In the absence of an equivalent to CPR 31.22, the Royal Court held that the principles set out in the English case law applied in Jersey and granted the application pursuant to its inherent jurisdiction.
Fletcher-Wilson v Higuchi and Others
Acted for the claimant in multi jurisdictional proceedings across Jersey, Japan, Isle of Man, Cayman, and the Turks and Caicos Islands to recover the proceeds of a fraud perpetrated in Japan. Proceedings included injunctive relief, substantive claims and the enforcement of foreign judgments.
Dalemont Ltd v Senatorov and Others
Acted for the claimant to freeze the assets of a Jersey foundation and enforce Russian judgments for c$44m on the grounds that transfers into the foundation were intended to defraud creditors.
