Charles Béar QC
Call date
1986
Silk date
2003
Recommendations (Practitioners' Guides)
“Destined for greatness” Legal 500 2010
"A fantastic advocate, who is passionate about his cases and exceptionally bright" Chambers 2011
“overwhelmingly compelling submissions” (R (FCL) v Pembs CC, 22.12.10)
“probably the best cross-examination I’ve seen” – unsolicited testimonial, national firm litigation partner
Ranked by Legal Experts 2012
Practice Areas
Charles Béar QC is considered one of the leading advocates of his generation. He has a broad commercial and civil practice, shown by his ranking in 5 areas in Chambers 2012. Charles specialises in:
- Commercial litigation;
- Judicial review and public law;
- High Court aspects of employment law.
Professional Experience
Numerous High Court trials and injunction and other applications, in the Commercial Court, Chancery Division, Queen’s Bench Division and Cayman Grand Court; appellate work in the Court of Appeal and House of Lords; judicial reviews; other fora including disciplinary tribunals and employment tribunals; advisory work on major commercial transactions; advisory work on constitutional, finance and human rights issues affecting public authorities.
Much of Charles’s work is high-profile. In an era when litigation does not always fit easily into recognisable categories, he offers clients the benefits of a broad crossover perspective resulting from the combination of his experience in diverse practice areas.
Current and recent work
Representing the first defendant in JSC BTA Bank v Ablyazov and related proceedings in which sums in excess of US$2 billion are claimed.
Representing Alpstream AG and other affiliates of the National Reserve Group, Russia, in a US$30m claim against GE Commercial Aviation and PK Airfinance arising out of the repossession and subsequent sale of 7 Airbus aircraft.
Representing the claimants in obtaining wide-ranging springboard and other relief arising out of a team move in high-tech industry: Clear Edge v Elliott and others (forthcoming in IRLR).
Representing the NHS in South West England in resisting a major judicial review challenge to its outsourcing and efficiency programme.
Advising a major UK corporate on a warranty claim arising out of a £1 billion acquisition.
Acted for easyJet in its regulatory challenge to the CAA over its five-year determination of Gatwick passenger charges ([2010] ACD 19).
Past commercial work illustrates the breadth of his experience:
Representing Baxter Healthcare, one of the world’s top 20 pharmaceutical companies, in its Chancery Division dispute with Kuros Biosurgery AG concerning a multi-hundred million dollar collaboration agreement, leading a team of 3 counsel. This was the latest in a significant body of pharmaceutical sector experience, including acting successfully for the defendant in Xytis Inc v London School of Hygiene and Tropical Medicine, Commercial Court, February 2010, believed to be the first-ever commercial dispute over an ongoing clinical trial; and successfully representing a leading UK university in disciplinary proceedings against a research doctor.
Led a team of 3 counsel to conduct an internal inquiry into the management of a massive contract involving an annual spend of several hundred million pounds. A 120-page report was completed on budget and on time.
Led for a major supermarket bank in its dispute with an insurance provider (Commercial Court, 2011).
Other work includes: the landmark restitutionary cases, Kleinwort Benson v Lincoln CC [1999] AC 341 and Guinness Mahon v Royal Borough of Kensington & Chelsea [1999] 1 QB 1; fraud (AWG v Morrison [2006] 1 WLR 106); a disputed US$350m insovency (HSH, Cayman Grand Court, 2010); representing the defendant in a US$100m claim on a loan facility and worldwide freezing order (2009); leading for the defendants in Sigma v Copeland, Commercial Court, 2008-09 (product liability on train fleet, settled globally after 2-day mediation in which Charles led the international team).
Charles, whose employment law directory entry for Chambers 2011 describes him as “constructively bullish”, also specialises in the contractual and equitable issues arising during and after employment. Before joining Fountain Court, he spent 18 years at 11 King’s Bench Walk. He was the originator of the now widely-used springboard injunction (Midas Group v Opus Group, Ch D, 21.12.99). He has acted or advised in well over 100 contested post-termination disputes involving restrictive covenants, confidentiality claims, IP issues, asset and information tracing, pre-emptive orders including freezing and search orders, and employee poaching (Cantor Fitzgerald v Bird [2002] IRLR 852). He regularly deals with issues relating to bonuses and represented the employer in the leading case (Cantor Fitzgerald v Horkulak [2004] ICR).
In public law, Charles Béar QC "knows how to pick a winning strategy” (Chambers 2011). Charles has extensive experience across the entire field of public law. He acted for a group of care homes, successfully challenging the level of care fees in what the BBC described as a “landmark” decision (bbc.co.uk/news/uk-wales-12056305). The High Court ruled that the fees set were “logically indefensible”. Notable recent cases include successfully representing NICE in High Court challenges to its guidelines on ME and on treatment for rheumatoid arthritis, and representing the local authorities in resisting challenges to age determinations brought by unaccompanied asylum-seekers. He is currently representing the NHS in a major judicial review challenge to its outsourcing.
He regularly advises on major public procurement issues where Chambers 2011 describes him as “long been a force to be reckoned with”.
Education
1st Class Honours in Jurisprudence at Magdalen College, Oxford 1982-85.
Languages
Fluent French.
Appointments
Recorder
Member of COMBAR Executive