Charles Gibson KC

Charles 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.

He has represented a number of multinationals facing claims against parent companies and subsidiaries in various African and South American countries. He recently represented the Dyson group in claims arising from working conditions at factories in Malaysia.

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.

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.

“Charles is undoubtedly the leading silk in these areas. He has total command of the law and is tactically very savvy. The fact that he has been in the trenches so often inspires huge trust and confidence with clients, who hang on his every word.” Legal 500 2024

Representative cases

• Kumar and others v Dyson 2023

• The Fundao Dam Litigation 2023

• The Diesel Emissions Litigation 2023

• Milasi Josiya & 793 Others v BAT 2022

• AB and others v Vedanta 2016-2019

  International group action- parent company/subsidiary, jurisdiction.

• AB and others v Unilever 2016-2019

  International group action- parent company/subsidiary, jurisdiction.

• The Colombian Pipeline Litigation

  Costs/Group Action/Indemnity.

• The Bomu-Bonny Pipeline Litigation 2014/2015

  Group Action – Private International Law – nuisance – conflict of law – damages – statutory construction.

• Various claimants v Barking, Havering and Redbridge University Hospitals NHS Trust 2014

  Successfully opposed Group Litigation Order application by 34 claimants who alleged clinical negligence and Human Rights Act breaches by NHS Trust.

• Kessabo and others v Afrcan Barrick Gold Plc QB 2014

  Rules governing extensions of time and pleadings- anti suit injunction.

• The Atomic Veterans Litigation (C of A 2010/Supreme Court 2012)

  Group action – negligence – causation – limitation.

• The Abidjan (Ivory Coast) Personal Injury Litigation (QB/C of A 2011)

  Costs – group action.

• Guerrero and others v Monterrico Metals PLC (QB 2011)

  Parent company liability – negligence – conflict of laws – human rights.

• 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.

• 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 – parent company duty of care to worker for exposure to asbestos.

• Afrika v Cape Plc (CA)

  Group Action – costs sharing.

• The Organophosphate Litigation (QB and CA)

  Strike out for abuse of process.

• 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.

• 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.

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

Representative cases

• The Fundao Dam Litigation 2023

• Milasi Josiya & 793 Others v BAT 2022

• AB and others v Vedanta 2016-2019

  International group action- parent company/subsidiary, jurisdiction.

• AB and others v Unilever 2016-2018

  International group action- parent company/subsidiary, jurisdiction.

• Columbian Pipeline Litigation 2014/2016

  International Group Action, conflict of laws, environmental damage, construction, contract and tort.

• The Colombian Pipeline Litigation

  Costs/Group Action/Indemnity.

• The Bomu-Bonny Pipeline Litigation 2014/2015

  Group Action – Private International Law – nuisance – conflict of law – damages – statutory construction.

• Arroya v BP TCC 2013

  Measure of loss for damage to land- Wrotham Park Damages.

• Colombian Pipeline Litigation QB 2012/2013

  Group action – conflict of laws – commercial contracts – jurisdiction and environmental damage.

• Guerrero and others v Monterrico Metals PLC (QB 2011)

  Parent company liability – negligence – conflict of laws – human rights.

• Eskom v Alstom Energy Ltd (Comm. Court 2008)

  Turbine explosion – contract – tort – choice of law.

• 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.

• 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’.

• UCC v Todd Construction (TCC)

  Tort, contract, damages, remoteness.

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 is currently mediating a multi-handed commercial dispute.