Charles is a leading expert in product liability (contract and tort claims and related insurance issues) and group actions. He has particular expertise in the strategic management of group actions. He has been in all the leading cases in which the rules and procedures governing group actions have been deployed. He has been retained by a number of major corporations to give strategic guidance on product safety, product withdrawal and potential contractual liabilities.

He has represented corporate Defendants in the successful defence of many domestic and international group actions over the last 25 years.  As a result, he has worked extensively with experts in a variety of scientific, technical and industrial disciplines and with accountants dealing with business losses. Most recently, he represented the Ministry of Defence in the Atomic Veterans Litigation and Trafigura in the Abidjan Group Action.

His general commercial and insurance law experience covers cases involving the construction of contracts (including insurance and energy service contracts) and sale of goods/products and services contracts. He has conducted cases involving claims arising out of the manufacture and distribution of industrial components, scientific instruments, food, drink, chemicals, cosmetics and consumer and agricultural products. 

His general insurance work includes policy disputes, Lloyds insurance disputes and fire, building/plant damage claims and contamination claims causing business losses. 

He has also acted on behalf of local authorities, the fire brigade, the NFU and other organisations in cases arising from factory explosions, fires, negligent auditing, local government fraud and negligent advice.

Through his general product liability, pharmaceutical, personal injury and clinical negligence work he has developed a sound knowledge and understanding of scientific and medical issues. He has worked extensively with leading scientists and clinicians in numerous fields including nuclear physics, ophthalmology, immunology, virology, genetics, microbiology, pharmacology, gastroenterology, respiratory diseases, cancer research, psychiatry, toxicology, epidemiology and general medicine. 

He has also acted and advised in a number of cases involving jurisdiction disputes, private international law and practice and the potential liability of parent companies in respect of torts committed by subsidiaries.
International law cases have involved South Africa, Namibia, Colombia, Peru, Ivory Coast and various US states.

Health Safety work represents a substantial part of his practice and he is listed in the Legal 500 and the Chambers Directory as a leading silk in the field.  He has particular experience in health and safety matters affecting the railway and power industry. He has also acted on behalf of commercial entities in many different sectors including manufacturing, building, leisure, food and beverage, sports and the car industry in health, safety and personal injury matters (both civil and criminal).

He advises and acts on behalf of major corporate and public bodies on health and safety related issues (e.g. corporate manslaughter, risk assessments, product safety issues, the work place, the asbestos regulations etc).
He also conducts civil claims involving diseases caused by exposure to dangerous substances and dust and work-place accidents.

He has most recently defended:

• A telecommunications company following a fatal accident
• Various companies in the leisure and entertainment industry following fatal accidents
• A construction company following an accident which involved serious injuries
  

He has also been advising on the health and safety issues arising at a substantial car park servicing a large number of retail outlets and advising a leading corporation supplying electricity.

Recent cases within this field include representing mining and  factory owners alleged to have polluted surrounding areas, defending a multinational being sued by Ivory Coast nationals claiming injuries caused by oil waste, and defending a multinational sued by Colombian farmers in respect of oil pipeline damage and Peruvian nationals in respect of a mining development.

He has acted on behalf of waste management/disposal authorities, mining corporations facing claims in respect of injuries to employees and residents concerning exposure to pollutants including radiation/asbestos/silicon dust.

He has been instructed in a large number of major commercial cases – some of which are commercial disputes arising out of products and installations - but many of which are not product related.

In recent years his Commercial Court cases have concerned explosions and catastrophic failures, power plants, ship propellers, sale of goods disputes, product-related claims, business losses and related insurance issues.  These cases also often involve international contracts and conflict of law issues.

He has significant experience of major inquiries, having appeared at:

• the Kings Cross Underground Fire Inquiry
• the Clapham Rail Accident Inquiry
• the Severn Tunnel Rail Accident Inquiry
  

He assisted the inspectors with the Inquiry conducted by DTI Inspectors into London Underwriters Limited (Lloyds).
He has also appeared before many employment, disciplinary and regulatory tribunals (including the HFEA) and has gained experience of Judicial Review in the course of his commercial and disciplinary/regulatory work and on behalf of HM Customs and Excise.
 
Mediation
He is a CEDR Accredited Mediator and he advises on, and acts in, mediations.  He has successfully mediated a number of multi-party commercial disputes.
He lectures on UK and EU health and safety, product liability, commercial and insurance law.  He is familiar with US product liability law.

Examples of Product Liability/Insurance/business loss claims

• Contamination claims (various genotoxic agents) involving food ingredients, drinks and petrol
• Various Fire claims involving plant, machinery and industrial processes with resulting business loss claims
• Cement Plant - breach of contract - damage to plant - coverage
• Turbine explosion - business loss claims
• Defective ship propeller claims
• Defending oil company in respect of alleged damage from pipeline
• Gas Turbines - breach of contract - sale of goods
• Boiler Explosions - negligence - causation - damages - coverage
• Electricity Turbines - negligence - causation - damages
• Cameras - sale of goods - breach of contract - defective product
• Tyres - sale of goods - defective product - coverage
• Agricultural products and pesticides - defective product - damages - coverage
  

Examples of Product liability/Personal Injury/Insurance Group Actions

• The Abidjan Personal Injury Litigation
• The Buncefield Litigation
• The Atomic Veterans Litigation
• Factory pollution claims
• The tobacco litigation
• The Barlow Clowes litigation
• Holiday claims
• Contaminated water claims
• Mine radiation claims
• Mesothelioma/asbestos claims (The Cape litigation)
• The organophosphate (sheep dip) litigation
• Drink contamination/product recall claims
  

Group and Individual Actions involving Pharmaceuticals and Medical Devices include:

• The Acomplia Litigation
• Claims arising out of Thalidomide
• The MMR vaccine Litigation
• The Sabril Litigation
• The Seroxat Litigation
• Benzodiazepines
• Lariam
• Herbal remedies
• Prozac
• Norplant contraceptive implants
• Breast implants
• The Shiley heart valve
• Minocin
• Opren
• Roaccutane
• Blood Products Litigation
  

Health and Safety Cases Include:

• The Potters Bar Inquest
• Defending telecommunications company 
• Defending companies in the construction industry
• Defending companies in the power industry

Significant Reported Products, Group Action and Commercial cases include:

• The Atomic Veterans Litigation (C of A 2010/Supreme Court 2011): group action - negligence - causation - limitation
• The Abidjan (Ivory Coast) Personal Injury Litigation (QB/C of A 2011): costs - group action
• R v VK Power - Health and Safety 2011
• Colombian Farmers Group v BP (QB 2011): group action - conflict of laws - environmental damage - human rights
• Austin and others v Miller Argent Group (QB/C of A 2011): group action - nuisance - environmental regulation
• Guerrero and others v Monterrico Metals PLC (QB 2011): parent company liability - negligence - conflict of laws
• The Seroxat Litigation (QB 2010): product liability - pharmaceuticals - group action
• The Abidjan Group Action (QB 2010): group action - conflict of law - negligence - causation - environmental damage
• Arbitration (2009): insurance - coverage - business interruption
• Eskom -v- Alstom Energy Ltd (Comm. Court 2008): turbine explosion - contract - tort - choice of law
• The Sabril Litigation (QB 2008)
• The Sudan Red Litigation (QB 2008)
• The Potters Bar Inquest (2007/08)
• Gleeson Group Plc -v- Frankona Reinsurance (Comm. Court 2006/7): construction of insurance policy - building contract - dry rot
• The Buncefield litigation (QB 2007/2008): oil depot explosion - group action directions
• Celtech -v- Dalkia  (Comm Ct 2005): Energy services contract  - combined heat plant  - construction - rectification - termination clauses - penalty clauses
• FA de Muynch -v- Farha (TCC 2005): Guarantee - whether applicable to past debts
• Arkin -v- Borchard Lines (CA 2005): Shipping conference contracts - liability of third party funder for costs - apportionment of liability for costs as between party and funder
• The MMR Litigation (QB 2005): Service - interrogation of witnesses - delivery up of documents from out of the jurisdiction
• Bass Britvic -v- Terra Industries (CA): Sale of Goods - product recall - damages
• Bacardi -v- Terra Industries: Manufacturer’s liability in tort - exclusion clauses - meaning of ’damage’
• Nash -v- Eli Lilly & Co: Limitation of action - group actions - personal injuries - power to override time limits
• Lubbe -v- Cape Plc (HL 2000): Practice - stay - private international law
• Afrika -v- Cape Plc (CA): Group Action - costs sharing
• The Organophosphate Litigation (QB and CA): Strike out for abuse of process
• UCC -v- Todd Construction (TCC): Tort, contract, damages, remoteness
• Hodgson -v- Imperial Tobacco Ltd [1998] 1 WLR 1056 (QB and CA): Costs - conditional fees - order for costs - interlocutory application - publication of proceedings in chambers
• Other unreported judgments in the Tobacco Litigation (QB and CA): Limitation - costs sharing
• The Norplant contraceptive implant litigation (QB): Costs sharing and general directions in group actions
• Connelly -v- Rio Tinto Plc [1997] 3 WLR 373 (HL): Practice - stay of proceedings - foreign causes of action - appropriate forum - legal aid factor
• Connelly -v- Rio Tinto Plc  (QB): Duty of care owed by parent company - foreign limitation periods
• AB -v- John Wyeth & Brother (1997) 8 Med LR 57 (QB and CA): Group action - abuse of process
• Other unreported judgments in the Benzodiazepine Litigation (QB): Substantiation of medical reports - proof of causation in tort
• West Wiltshire District Council -v- Garland (QB): Negligence - duty of care - district auditor - nature of duties owed by local government officers