Charles Raffin

Call:2005

Introduction and Contact details

Before joining Hardwicke, Charles spent almost three years as an employed barrister in the International Arbitration and Litigation Group of Skadden, Arps, Slate, Meagher & Flom (UK) LLP.

Charles has considerable experience of working directly with clients, within a Firm team and of case management (including electronic data management and preparing witness evidence) in document heavy cases of the highest value.
 
Charles has worked with, and obtained expert opinions from, Counsel from jurisdictions across North and South America, the Caribbean and Europe. He has assisted and advised across a broad range of non-contentious and contentious commercial matters; the latter in both arbitration and litigation (almost all such disputes have had an international character and involved jurisdictional and conflicts issues).

Email: charles.raffin@hardwicke.co.uk

COMMERCIAL

Arbitration

Charles has a particular interest in arbitration. He has experience of LCIA, ICSID, ICC, ad hoc and various trade association arbitral proceedings. He has advised on the drafting, incorporation and construction of arbitration agreements and has drafted statements of case and applications in proceedings. Charles has also advised on options for interim relief in support of arbitration and on the enforcement of awards (under the New York Convention). Charles also has experience of mediation and expert determination proceedings.

Charles has assisted and advised:

• In relation to a shareholder dispute over a Russian concern. Issues included: the construction of a shareholders’ agreement and the arbitration agreement therein; the scope of applicable non-contractual duties; conflicts of laws and points of disclosure and privilege.
• In respect of a claim against a former Soviet Block government by foreign investors. Charles assisted in advising in relation, and drafting the Response to, a discovery application under the IBA rules on evidence (with reference to English principles of privilege).
• In connection with a dispute over the supply of equipment to a power plant in a Middle Eastern state.

• On the incorporation of a trade association’s standard terms and conditions into a series of supply agreements; on the application of the trade association’s arbitration rules and appropriate tactics.

Banking, Finance & Credit Law

Recently, Charles has assisted and advised major financial institutions and corporate clients in relation to:

• A contemplated claim under a guarantee upon a default under a loan agreement (a matter involving considerable pre-action correspondence and protracted negotiations).
• A claim by a commodity broker under their standard terms of business and guarantee against a defaulting client (involving various Exchanges’ arbitration rules and matters of BVI law).
• A dispute arising under an alleged guarantee upon the default of the principal debtor under a repayment plan (involving conflicts of Finnish/English law).
• Charles assisted in the preparation of Kolden Holdings Ltd v Rodette Commerce Ltd [2007] EWHC 1597 (Comm); [2008] EWCA Civ 27 (the issue of ‘same parties’ under Council Regulation (EC) 44/2001, art 27/28 where a cause of action had been assigned following the issue of proceedings in England and Cyprus).

Charles has also assisted in advising in relation to:

• A dispute between an artist and their management company under an exclusive management and agency agreement including allegations of duress, undue influence, breach of contract and secret profit.
• A dispute between a transport company and a nationwide concern under a service agreement including allegations of breach of contract and VAT fraud.
• A dispute between a sub-contractor and contractor under an alleged contract to provide consulting services, including claims for interest at penal rates. 
• An application to set aside default judgment in proceedings where the Defendant was resident outside the jurisdiction and the quality of the original service was challenged.

• The correct construction of a variety of exemption clauses (in disputes under both bespoke and standard form contracts) across a number of commercial sectors. 

Companies & Partnership

Charles has assisted in advising in relation to:

• A dispute between shareholders in a joint venture company including allegations of breach of contract, breach of fiduciary duty and unfair prejudice (and on the scope for relief under s.994 Companies Act 2006).

• A dispute between a former equity partner of a Solicitor’s practice and the remaining partners over the buyout of his share (raising a range of issues under the Partnership Act). 

Insolvency

Charles has advised a claimant in relation to an application to the Insolvency Service on the liquidation of a judgment debtor. Charles has appeared in the County Court and High Court in, and assisted in advising in relation to, a range of interim applications in insolvency proceedings including:

• Applications to set aside statutory demands.
• Orders for the appointment of provisional liquidators.

Professional Negligence

Recent work:

• Advising a bank in relation to potential liability arising out of a fairness opinion provided in relation to a merger.
• Assisting in advising on quantum in a solicitor’s negligence claim arising out of a failure to facilitate a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993.

• Assisting in advising in relation to a claim by the buyer of a company against the company’s auditors for the negligent preparation of the company’s accounts.

Shipping and Aviation

Charles has acted for a defendant airline in a claim under various aviation finance agreements. As a pupil Charles gained experience of advising and drafting pleadings in time charter disputes (late redelivery) and has researched various shipping related points of law (including matters in relation to mortgages of ships).  Charles is particularly interested in developing his practice in this area.

PROPERTY & PRIVATE CLIENT

Trusts and Land

Charles has advised, with Caribbean and Liechtenstein Counsel, on certain litigation risks arising out of various proposed off-shore holding structures. Further, Charles has assisted in relation to:

• A claim for undue influence in relation to the sale of a house by a terminally ill individual to an associate.  
• Advising as to the enforceability of certain pre-emption rights granted prior to the coming into force of the Land Registration Act 2002.
• Advising as to the construction of historic real property deeds and in relation to adverse possession in both registered and unregistered land.
• Research for the forthcoming edition of Cousins on The Law of Mortgages.

Court Work

Charles appears regularly in the County Court and High Court in:

• Interim and strike out / summary judgment applications in Consumer Credit matters.
• Obtaining interim and final charging Orders
• Possession hearings brought by mortgagees and applications brought by mortgagors to stay possession proceedings.
• Possession hearings by local authorities and housing associations.

Charles has also assisted in relation to applications in the Senior Courts Costs Office.