Region Area

Barristers

Charles Graham KC

Charles Graham KC

Position

Recommended for his experience in commercial litigation and international commercial arbitration, particularly in energy-related matters. Areas of expertise include oil and gas contracts, share sale agreements/breach of warranty claims, jurisdiction and conflicts of laws, unjust enrichment, restitution, completion accounts, expert determinations and complex questions of contractual interpretation. Recent cases include (a) a case before the Court of Appeal on the question of whether a director or officer of a company who is outside the jurisdiction can be committed for his company’s contempt of Court; (b) an international commercial arbitration concerning issues of causation and quantum arising out of the breach of pre – emption rights under a shareholders’ agreement relating to a mobile phone company based in Nigeria; (c) an international commercial arbitration concerning the rights of a Russian deal-broker to commission arising from the sale of certain Nigerian oil & gas assets; (d) an international commercial arbitration concerning the proper interpretation of a BOT (Build Operate transfer) Contract relating to the reconstruction of an aluminium plant in Montenegro; (e) defending a Nigerian oil and gas company in Commercial Court proceedings against claims for commission based on a supposed oral contract and claims for quantum meruit totalling $200m; (f) successfully resisting a claim based on the supposed tort of malicious defence of civil proceedings brought against a defendant out of the jurisdiction; (g) assisting an expert forensic accountant in relation to legal issues arising in the context of a dispute over the form of completion accounts; (h) a Commercial Court trial in which the central issue was the proper classification (under and for the purposes of a JOA) of a well drilled in the North Sea. Recent reported cases include Dar Al Arkan Real Estate Development & a nor v Al Refai & ors: [2014] EWCA Civ 715; Energy Venture Partners Ltd v Malabu Oil and Gas [2013] EWHC 2118 (Comm); Ithaca Energy (UK) Ltd v North Sea Energy (UK) Ltd [2012] EWHC 1793; ING Bank NV v Ros Roca SA [2012] 1 WLR 472 CA; Bloomsbury International & Ors v Sea Fish Industry Authority [2010] 1 WLR 2117 (CA); CEP Holdings Ltd v Steni AS [2009] EWHC 2447 (QB); AI-Rawas v Pegasus Energy [2009] 1 All ER 346; Doughty Hanson v Roe [2008] 1VCLC 404 (Ch); ACP Capital v IFR Capital [2008] 2 Lloyd’s Rep 655; J&H Ritchie Ltd v Lloyd Ltd [2007] 1 WLR 670 (HL).

Career

Qualified 1986, Middle Temple; QC 2003.

Education

Wellington College; University College, Oxford (1984 Greats [Lit Hum] First Class); City University (1985 Diploma in Law).

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