Practice

Barrister and arbitrator, specialist in in financial services law and regulation.

Regularly advises on application of financial services law and regulation, including to foreign governments, as well as appearing before regulatory tribunals. He is on the Panel of Recognised International Market Experts in Finance (P.R.I.M.E Finance).

A significant proportion of Charles’s practice concerns financial services law and regulation, both UK and EU. He advises on non-contentious issues and acts in contentious matters, appearing in court and regulatory tribunals. He also practises in company law and commercial matters.

Charles is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators. He is on the arbitration panels and databases of the London Metal Exchange, the Minor Metals Trade Association, the Chartered Institute of Arbitrators, the BVI International Arbitration Centre, P.R.I.M.E Finance and the ICC, amongst others. He has extensive experience of arbitrating commercial disputes, often with an international dimension, as a sole arbitrator and as a member of a tribunal.

Charles is a trained mediator and has experience of mediating a wide range of civil and commercial disputes.

Legal 500 2022 

He has an outstanding memory for technical detail, and is also very commercial in his approach.

Charles has an excellent grasp of the whole spectrum of financial services regulation, coupled with invaluable insight into how it all works in practice. He provides sound, commercial advice and is able to convey his advice in simple, client friendly terms. He is friendly and approachable and is a go-to adviser on complicated financial services matters.’

Practice areas

Financial services

Charles is a specialist in financial services law and regulation, UK and EU. He advises on a wide range of aspects in this field. He has a particular expertise in collective investment schemes, funds, crypto-currencies and “perimeter” issues. He has also advised governments and regulatory authorities in eastern and central Europe and Asia on modernisation of financial services legal and regulatory systems and investment laws. He is on the Panel of Recognised International Market Experts in Finance (P.R.I.M.E Finance). He also acts in financial services contentious matters.

Charles was formerly a legal adviser at HM Treasury where he dealt with financial services matters, drafted legislation and assisted in the negotiation and implementation of EU directives.

Arbitration

Charles is also a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators. He is on the arbitration panels and databases of the London Metal Exchange, the Minor Metals Trade Association, the Chartered Institute of Arbitrators, BVI International Arbitration Centre, P.R.I.M.E Finance and the ICC (amongst others). He has extensive experience of arbitrating commercial disputes, often with an international dimension, as a sole arbitrator and as a member of a tribunal.

View Charles’ full Arbitration profile here.

Charles is a trained mediator and has experience of mediating a wide range of civil and commercial disputes.

Company law

Charles deals with a wide range of company law matters, including capital reductions and schemes of arrangement. He drafted the first legislative framework for Crest now part of Euroclear), the dematerialised share transfer and settlement system.

Additional info

Cases of interest
  • R (Yalland & Wilding) v. Secretary of State for Exiting the European Union (whether Parliament’s consent required for UK to leave the European Economic Area);
  • Clarion Ltd v National Provident Institution (fax switching, SIB principles as implied terms);
  • Tequila Cuervo v Diageo plc (English company law issues arising in Texas litigation);
  • Needler Financial Services v Taber (test case on pensions misselling);
  • Williams Life, Pension & Mortgage Services v FSA (whether variation of permission “necessary”, before FSMT);
  • PNC Telecom plc v Thomas (members’ requisition of EGM);
  • Eurosure Investment Services Ltd. v FSA (whether exercise by FSA of own-initiative power “proportionate”, before FSMT);
  • MTM v Financial Supervision Commission (whether regulator’s failure to determine corporate services licence application lawful);
  • Evolution Beeson Gregory (before FSA Regulatory Decision Ctte) (market abuse – first market manipulation case brought by FSA);
  • Credit Agricole Indosuez v BB Energy NV (bank’s waiver of condition precedent in debt rescheduling agreement);
  • Saudi Arabian Monetary Agency v Dresdner Bank AG (bank’s right of set-off, before Court of Appeal);
  • Pace Micro Technology (before FSA Regulatory Decisions Ctte) (breach of listing rules);
  • FSA v Anderson, Peacock & Pruthi (unregulated deposit taking and collective investment schemes).
What the directories and judges say

Legal 500 – 2022

He has an outstanding memory for technical detail, and is also very commercial in his approach. ’

Legal 500 -2017

“Excellent technically and very commercial”
“highly rated non-contentious advisory guru”

Chambers & Partners 2022 – Financial Services Band 1:

“He has excellent experience, and is very knowledgeable and able to advise on unusual and complicated structures.”

“He’s very responsive and pragmatic in his guidance because of his experience. He’s also always up to speed with current thinking of relevant listing authorities, which is incredibly useful.” 

Previous Chambers & Partners Quotes:

“He’s very practical, available and user-friendly. He has a broad, very good understanding of a wide range of issues in the area.”
“He is an expert on FSMA” “He is very user-friendly”
 “Responsive and able, he takes a clear practical approach that is well-suited to clients’ commercial needs.”
 “Charles Marquand maintains his place as a firm favourite with solicitors”
 “Solicitors have a very positive view of Charles Marquand and their clients are much impressed by him. Credited with being a real specialist.”

 

Career & appointments

Seminars/lectures to solicitors and at conferences on financial services topics and related areas.
Fellow at University of Freiburg, Germany.
Lecturer in business law at Dauphine, Université de Paris, France.
Professeur, in EU law and constitutional/administrative law at ISIT, Paris Panthéon-Assas Université, France.

 

Foreign jurisdictions

Member of the Bar of Northern Ireland.
Member of the Paris Bar

Publications

Contributor to Annotated Companies Legislation, OUP
Contributor to Civil Appeals, 2nd edition, Sweet & Maxwell
Contributor to PLC
Formerly:
Co-author of Halsbury’s Laws of England, 4th edition re-issue, volume on Money.
Contributor to Tolley’s Company Law – Investor Protection, Companies and the FSMA.

 

Education & awards

M.A (Oxon),
M.A in Law (City),
Dip. EC Law (Kings Coll. Lond.)
Dip. EC Competition Law (Kings Coll. Lond.)

Languages

Fluent spoken French