Charles Marquand

Cases Of Interest

Clarion Ltd v National Provident Institution (fax switching, SIB principles as implied terms);
Tequila Cuervo v Diageo plc (English company law issues arising in Texas litigation);
Needler Financial Services v Taber (test case on pensions misselling);
Williams' Life, Pension & Mortgage Services v FSA (whether variation of permission "necessary", before FSMT);
PNC Telecom plc v Thomas (members' requisition of EGM);
Eurosure Investment Services Ltd. v FSA (whether exercise by FSA of own-initiative power "proportionate", before
FSMT).
MTM v Financial Supervision Commission (whether regulator's failure to determine corporate services licence application lawful)
Evolution Beeson Gregory (before FSA Regulatory Decision Ctte) (market abuse - first market manipulation case
brought by FSA)
Credit Agricole Indosuez v BB Energy NV (bank's waiver of condition precedent in debt rescheduling agreement)
Saudi Arabian Monetary Agency v Dresdner Bank AG (bank's right of set-off, before Court of Appeal);
Pace Micro Technology (before FSA Regulatory Decisions Ctte) (breach of listing rules).
FSA v Anderson, Peacock & Pruthi (unregulated deposit taking and collective investment schemes)

Publications

Various publications on financial services and related areas (list and copies available on request). Also co-author of
Halsbury's Laws of England, 4th edition re-issue, volume on Money. Tolley's Company Law - chapter on Investor
Protection, Companies and the FSMA. Contributor to OUP's Annotated Companies Legislation, Seminars/lectures to solicitors and at conferences on financial services topics and related areas.

Overseas Qualifications

Member of the Bar of Northern Ireland.

Employment

1988-1993 Practised at the Chambers of John Rowe QC (2 Pump Crt.) at the common law bar.

1993-1996 Legal Adviser to HM Treasury, dealing with financial services, "City" regulation, European law,
company/commercial law. Involved in drafting legislation (including the Public Offers of Securities Regulations
1995, Uncertificated Securities Regulations 1995 (CREST), Financial Markets and Insolvency Regulations 1996,
investment advertisement exemption orders) and oversight of overseas investment exchanges doing business in
London. Assisted in negotiation of directives in Brussels dealing with retail aspects of financial services.

1996 Returned to the Bar, practising in specialist areas and other areas of practice (see above).

Languages

Fluent spoken French

Academic

M.A (Oxon), M.A in Law (City), Dip. EC Law (Kings Coll. Lond.) Dip. EC Competition Law (Kings Coll. Lond.)

Professional

Member of the Commercial Bar Association, the Chancery Bar Association and the Bar European Group.

Areas of Practice

Financial Services (including insurance, banking,  collective investment schemes and funds, exchanges, market abuse, promotions, prospectuses, capital raising, "perimeter" issues)
"City" Regulation (FSMA, FSA rules & guidance)
Disciplinary and Regulatory Tribunals
Financial & Commodity Markets
Financial Services Ombudsmen & Arbitrations
European law aspects of the foregoing
Company / Commercial / Insolvency

Arbitration

Fellow of Chartered Institute of Arbitrators
Chartered Arbitrator with Chartered Institute of Arbitrators
Arbitrator for London Metal Exchange
Member LCIA

Notes

Advising eastern & central European, central Asian and Vietnamese govts. on modernisation of legal and regulatory systems. Worked as agent temporaire at European Commission of Human Rights in 1990