Charles Fussell
SENIOR PARTNER
charles@ghaffarifussell.com
+44 (0)20 7839 9713
+44 (0)7766 9169 089
Charles specialises in high value and complex commercial claims, with a particular emphasis on financial services, fraud related matters, professional negligence and energy disputes. Charles has also acted for claimants and defendants in a number of high value international arbitrations and commercial court actions arising out of arbitrations.
Prior to establishing the firm in 2007 Charles was a member of the commercial litigation team at Herbert Smith (now Herbert Smith Freehills). Charles has led the firm in a number of high-profile matters.
These include JJH Enterprises Ltd v Microsoft Corporation & Others, ENRC v Dechert, Neil Gerrard & Others, Ras Al Khaimah Investment Authority v Azima, Neil Gerrard & Others, Al Sadeq & Others v Dechert, Neil Gerrard & Others, Federal Republic of Nigeria v Shell & Others, Maroil & Another v Cally Shipholdings, Kazakhstan Kagazy Plc & Others v Maksat Arip, Peak Hotels & Resorts, The Libyan Investment Authority v Goldman Sachs and The Libyan Investment Authority v Societe Generale & Others , Dar Al Arkan Real Estate Development v Majid AL Refai & Others, Berezovsky v Abramovich, and claims arising out of The Estate of Arkady Patarkatsishvili.
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BA Hons Exeter University (1989-1992)
CPE Westminster University (1992-1993)
Inns of Court School of Law (1993-1994)
Called to the Bar at Lincoln’s Inn (1994)
Pupillage at 1 Temple Gardens (Chambers of Lord Burnett, former LCJ) (1994-1996)
Herbert Smith from 1996 to 2005
Admitted to the roll of Solicitors in 1997
Solicitor advocate from 2000
Set up Charles Fussell & Co LLP in 2007
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JJH Enterprises Ltd v Microsoft Corporation & Others
The firm has been representing the claimant since 2020 in a substantial claim for breach of European competition rules currently being heard in the Competition Appeal Tribunal in conjunction with Maya Lester KC, Jon Lawrence, Max Schaefer and Andris Rudzitis of Brick Court and Matthew Lavy KC of 4 Pump Court and Henry Edwards of 8 New Square. The firm successfully defended an application by the Defendants to challenge jurisdiction in 2022 (see [2022] EWHC 929 (Comm) Picken J). The claim is currently progressing in the Competition Appeal Tribunal (see [2024] CAT 69), and the liability trial is scheduled for 2026.ENRC v Dechert, Neil Gerrard and the Serious Fraud Office
The firm has represented the second defendant, Mr Neil Gerrard, in the above substantial commercial court claim since mid-2022. The matter has included an application for contempt of court in which the firm, together with Sasha Wass KC of 6KBW and Michal Hain of Twenty Essex, succeeded in securing the recusal of the trial judge. The trial of Phase 2 of the case (quantum) is scheduled for 2026 (See [2023] EWHC 3280 (Comm)).Al Sadeq v Dechert & Others
The firm is acting for the second defendant, Neil Gerrard, in conjunction with Fionn Pilbrow KC and Aarushi Sahore of Brick Court Chambers, in the above proceedings concerning a substantial claim for damages arising out of an investigation into a multi-billion dollar fraud (see [2023] EWHC 184 (KB)).SMK SA v Maliba Mining Services and Junction Contract Mining SARL
The firm represents the claimant in substantial dispute (c US$30 million) arising out of a gold mine in Mali, West Africa. The matter is scheduled for a 7 day trial of preliminary issues in 2026.Ras Al Khaimah Investment Authority v Farhad Azima
The firm acted for a defendant in a substantial counterclaim brought by Farhad Azima seeking substantial damages for alleged hacking and to overturn a prior judgment of the High Court. The firm, in conjunction with Fionn Pilbrow KC and Aarushi Sahore of Brick Court Chambers, represented one of the defendants from mid-2022, including in relation to the above appeal to the court of appeal. (See [2023] EWHC 2018 (Ch), [2023] EWHC 693 (Ch), [2023] EWCA Civ 507).Hummingbird v AMS & Perenti
The firm acted for the defendants/counterclaimants in a substantial claim arising out of a mining contract in Mali, West Africa. The counterclaim, which was vigorously defended, was particularly complex, involving allegations of a fraud worth in excess of $400 million, with underlying issues concerning various torts and breaches of contract.Katanga Contracting Services v Tenke Fungurume Mining
The firm acted, together with Charles Kimmins KC and Mark Tushingham of Twenty Essex, on behalf of a claimant, in successfully fending off an application to challenge an arbitration award under section 68 of the Arbitration Act 1996 and securing enforcement pursuant to section 66. The decision also upheld a substantial award of litigation funding costs (see [2021] EWHC 3301 Comm).Albion Resources Limited v Heritage Oil & Others [2022] EWHC 162 (Comm)
The firm acted, together with Michal Hain of Twenty Essex, on behalf of a claimant in a commercial court claim concerning the repayment of a substantial loan to a former shareholder of an oil company. Judgment was successfully obtained in early 2022.Federal Republic of Nigeria v Royal Dutch Shell Plc & Others [2020] EWHC 1315 (Comm)
The firm acted on behalf of a defendant in a substantial claim for damages arising out of the award of an oil concession in Nigeria. Charles Fussell acted (as Counsel) for a successful defendant in an application to challenge jurisdiction under Articles 29 and 30 of the Brussels Regulation (Recast).Albion Energy Limited v Energy Investments Global Limited [2020] 1 Lloyds Rep. 501
Acting for the claimant, together with Lord Grabiner KC of One Essex Court, Julian Kenny KC and Michal Hain of Twenty Essex in a claim for US$33 million for breach of a share purchase agreement, including a successful application for summary judgment and defeating the defendant’s application to stay proceedings under section 9 of the Arbitration Act 1996.Kazakhstan Kagazy Plc & Others v Maksat Arip & Others
The firm represented the defendant post-judgment in connection with enforcement of a substantial claim for damages arising out of a fraud.Libyan Investment Authority v Goldman Sachs International [2016] EWHC 2530 (Ch) and Libyan Investment Authority v Societe Generale & Others
The firm acted in conjunction with Enyo Law on behalf of the claimant in its substantial claims for damages in the above matters.Dar Al Arkan Real Estate Company & Anor v Al Refai [2015] EWHC 1793 (Comm)
The firm, together with Addleshaw Goddard (together with David Foxton QC, Charles Bear QC, Anthony Trace QC) acted for the Claimants in connection with the substantive underlying fraud claims and subsequently in connection with enforcement proceedings concerning judgments from Bahrain (See [2018] EWHC 616 (Comm)).