Charles Enderby Smith

Senior Associate


Charlie regularly advises on contractual, banking, professional negligence, libel and privacy disputes. He advises clients on international arbitration, election disputes, wider media disputes (including the phone hacking litigation), IP litigation, regulatory investigations, insolvency matters and in relation to issues faced as a result of the imposition of international sanctions.

Charlie was the lead associate on a multi-million pound professional negligence claim against a firm of solicitors and a multi-jurisdictional property and securities dispute spanning Indonesia, Hong Kong, the United States, Germany and the UK.

He provides advice to large corporates in relation to entry into large-value ‘toxic’ FX hedging products and numerous claims for individuals and corporates against banks in relation to the mis-sale of interest rate hedging products.

Charlie works with the International Group and was part of the team advising Al Jazeera Media Network on its ICSID arbitration proceedings against the Arab Republic of Egypt for damages pursuant to Egypt’s breach of a bi-lateral investment treaty.

Charlie often advises on commercial disputes which also contain a reputational element, as well as working on libel and privacy disputes (both pre- and post-publication) with the Media group. He was the lead associate on an action against the Conservative Party in relation to the rights of one of its members to be appointed as an MEP; a dispute which encompassed claims for breach of contract as well as principles of judicial review and wider election law.

Charlie also maintains an international sanctions practice working as the lead associate on applications before the European General Court to annul financial sanctions imposed on the former president of Egypt and members of his family.

Publications

Butterworths’ Journal of International Banking and Financial Law (a reproduction of the article can be found here)

Article in Financial Regulation International examining the potential causes of action available to investors in dark pools that consider they may have suffered loss at the hands of HFT firms.

Article in the Journal of International Banking and Financial Law examining potential changes in the legal landscape which may make it easier for companies to bring claims against banks in relation to mis-sold products and investments.

Article in the Law Society Gazette on a judgment in the Suremime Ltd v Barclays litigation regarding tortious claims against a bank for allegedly failing to carry out a review into the mis-sale of IRHPs in accordance with the agreement reached between that bank and the FCA.

Article in the New Law Journal analysing the Holmcroft Judicial Review application on the role of the Independent Reviewer in the IRHP Review.

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