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.
- 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 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. 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.
- 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.
- Alternative dispute resolution
Charles is an accredited mediator and has experience of mediating a wide range of civil and commercial disputes.
Charles is also a chartered arbitrator. He is on the arbitration panels of the London Metal Exchange and the Minor Metals Trade Association. He is a member of the LCIA.
- 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 -2017
“Excellent technically and very commercial”
“highly rated non-contentious advisory guru”
Chambers & Partners 2016 – Financial Services Band 1:
One of the most esteemed senior juniors practising in the FS sector. Commentators afford him high praise when it comes to his depth of knowledge, particularly in an advisory context. He regularly receives mandates from both public and private bodies including foreign governments.
Strengths: “Responsive and able, with a clear practical approach well suited to clients’ commercial needs.” “He’s very practical, available and user-friendly. He has a broad, very good understanding of a wide range of issues in the area.”
Previous Chambers & Partners Quotes:
“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.
Visiting lecturer at the Haute Ecole des Avocats Conseils, Versailles, France
- Foreign jurisdictions
Member of the Bar of Northern Ireland.
Contributor to Annotated Companies Legislation, OUP
Contributor to Civil Appeals, 2nd edition, Sweet & Maxwell
Contributor to PLC
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 in Law (City),
Dip. EC Law (Kings Coll. Lond.)
Dip. EC Competition Law (Kings Coll. Lond.)
Fluent spoken French