Charles Béar QC
Call date
1986
Silk date
2003
Practice Areas
Charles Béar has a broad commercial and civil practice, specialising in:
- General commercial litigation
- Judicial review and public law; and
- Employment
Recommendations (Practitioners' Guides)
"...the “absolutely brilliant” Charles Béar QC, is much admired for his commitment to cases and ability to negotiate “voluminous documentation.” Peers praised his “easy and persuasive” manner in court, with one saying: “He’s probably the best advocate I’ve seen in terms of holding everyone’s attention - the court just listens and respects him.” [Chambers 2008]
"...Fountain Court Chambers’ employment practice has been boosted by the arrival of the ‘talented’ and ‘quick-thinking’ Charles Béar QC from 11KBW, commended for his ‘first-class brain’ and ability to bring a fresh perspective to issues." [Legal 500 2007]
"The "incisive and intelligent" Charles Béar QC is "the right choice for a tricky situation that requires a bullish approach." His practice spans commercial litigation and the High Court aspects of employment law." [Chambers 2007] "...He spends much of his time involved in regulatory or disciplinary-type proceedings, advising on City whistle-blowing matters and bonus disputes. Clients find him “extremely bright” and recommend him for injunctions." [Chambers 2008]
"Charles Béar QC of Fountain Court Chambers has a well-established public procurement practice. Described by clients as “practical and constructive in his advice - he answers the questions and also looks beyond,” he is highly praised for his advocacy skills..." [Chambers 2008]
"Despite Charles Béar QC’s move to the more commercial groves of Fountain Court Chambers, he continues to pursue local government-based work. His practice is firmly grounded in tax and vires work, at which he excels." [Chambers 2008]
Ranked by Legal Experts 2009 in:
- Commercial litigation
- Administrative and Public Law
- Employment
- Education
Education
1st Class Honours in Jurisprudence at Magdalen College, Oxford 1982-85.
Appointments
Recorder
Member of COMBAR Executive
Professional Experience
Numerous High Court trials and injunction and other applications; appellate work in the Court of Appeal and House of Lords; appearances in the Cayman Grand Court; judicial reviews; other fora including disciplinary tribunals and employment tribunals; advisory work on major commercial transactions especially involving issues of public law; advisory work on constitutional, finance and human rights issues affecting local authorities.
Recent Practice
2009 Highlights:
Appeared before the Law Lords in one of their final cases, R(M) v Lambeth LBC, July 2009. Judgment awaited.
Successfully represented NICE (the National Institute for Health and Clinical Excellence) in two separate Administrative Court judicial review challenges.
Leading for easyJet in their ongoing challenge to the Civil Aviation Authority’s price determination for Gatwick Airport, to be heard by the Court of Appeal later this year.
Commercial Litigation
Regularly acts and advises in a wide range of commercial disputes. He brings his wide experience in employment and public law disputes to bear on cases which often reach into a number of legal categories.
Recent work includes:
Representing the defendant airline in London 28 Ltd v Flugfelahid Air Atlanta, Commercial Court, ongoing.
Represented the defendants in Morgan Stanley v Gisad dis Ticaret, Commercial Court, 2009 (claim on €100m loan facility).
Led for the defendants in Sigma v Copeland, Commercial Court, 2008-09. Product liability claim arising out of supply of aircon units to train fleets here and in Australia. Case settled globally after 2-day mediation in which led the international team.
Led for the defendant in the first ever trial involving disputes over an ongoing clinical research trial, Xytis Pharmaceuticals v London School of Hygiene and Tropical Medicine, Commercial Court, February 2008 (trial settled after first week on claimant withdrawing all claims and paying defendant’s costs).
Leading for the claimant in R (EasyJet Airline Co) v Civil Aviation Authority, Administrative Court, ongoing (challenge to Gatwick airport charges for 2008-2013).
Led for the applicants in SES Contracting Ltd and SES Holdings plc v UK Coal plc and others [2007] EWHC 161 (QB) (first ever order for pre-action disclosure in a fraud context).
Appeared for the claimants in a £100m fraud claim arising from a listed company takeover AWG v Morrison (one of The Lawyer Top 10 trials for 2006; settled on the eve of a 9-month trial; interlocutory proceedings at [2006] 1 WLR 1163).
Business sales, joint ventures etc:
- Campbell v Ocè UK, LTL 5.4.05 (enforceability of expert determination clause in business sale agreement).
- P1 V Revo250 [2005] All ER (D) 172 (claim for injunction to prevent competition from "supercar" club)
- Moneygram v Davar [2003] EWHC 2368 (claim for springboard relief and breach of confidence arising out of the termination of a money transfer business).
- Baird Textiles v Marks & Spencer plc [2002] 1 All ER (Comm) 737 (implied contract and estoppel as a cause of action).
- Advising an internationally-known brand on termination of its UK logistics arrangements.
- Representing a Fortune 500 company in its claim against ICI over purchase of ICI's ammonia production business.
- PPL v Wapshott, LTL 17.9.01 (unfair prejudice petition under s.459 Companies Act).
- Electro Hydraulic Technology v Husco Inc. LTL 28.7.01 (claim to restrain competition arising out of a technology licensing agreement).
- Zeneca v Orica LTL 3.7.98 (claim for rectification of pharmaceutical distribution agreement).
Breach of confidence:
- Represented a professional services firm obtaining injunctive relief to prevent disclosures of alleged wrongdoing by former staff.
- Represented the UK arm of a Fortune 500 technology manufacturer and distributor in a claim over alleged misuse of customer information.
- Moneygram, above
Public sector commercial disputes:
- Considerable experience in public procurement work, see under Competition & European Law.
- Led for Arun DC in its £6m QBD claim against Onyx UK following early termination of a 15-year waste collection agreement.
- Representing a UK university in a High Court dispute over an accreditation agreement with a foreign educational institution.
- Advised and appeared in the interest rate swaps litigation. Has subsequently advised on many issues relating to the consequences of ultra vires transactions.
Restitution:
- Appeared in some of the leading modern cases: Guinness Mahon v Royal Borough of Kensington & Chelsea [1999] QB 215, Kleinwort Benson v Lincoln [1999] 2 AC 349.
Civil Fraud:
Appeared for the claimants in a £100m fraud claim arising from a listed company takeover AWG v Morrison (one of The Lawyer Top 10 trials for 2006; settled on the eve of a 9-month trial).
PPL v Wapshott, LTL 17.9.01 (unfair prejudice petition under s.459 Companies Act).
Experience over many years in freezing and search and seizure orders.
Competition & European Law:
Recognised as a leader in the field of public procurement (Chambers Global 2006). Regularly advises on major transactions and projects.
Recent work:
- Advising a waste disposal authority on 25-year shared use Energy from Waste facility agreement.
- Cookson & Clegg v MoD [2005] EWCA 811, LTL 10.6.05: availability of separate public law challenge under EU procurement legislation to British Army tender decision.
- Represented Cheshire in its dispute over a £25m highway tender with a subsidiary of Jarvis plc.
- Advising the Greater London Authority on its standard terms and conditions for suppliers.
- Advice in numerous sectors including waste disposal, parks, highways, temporary staff.
Employment:
Specialises in the contentious High Court aspects of employment law, with great experience of acting for and advising employers, directors and executives in contentious termination cases at the injunction stage (if applicable) and through to trial. These involve a wide variety of issues where his commercial experience proves invaluable, such as
- restrictive covenants
- springboard claims
- garden leave
- breach of confidence
- poaching
- asset recovery.
Notable cases:
- Metrobus v Unite the Union [2009] IRLR 851, CA, acted for the employer in a leading case on employers’ ability to obtain injunctions against unlawful strike action.
- Norbrook Pharmaceuticals v Adair [2008] IRLR 878, acted for the employer in obtaining an injunction under restrictive covenants.
- Cantor Fitzgerald v Horkulak [2005] ICR 402, the leading case on discretionary bonus compensation.
- Cantor Fitzgerland v Bird [2002] IRLR 842 - employee poaching, including breach of contract and constructive dismissal.
- Midas v Opus Group, 21.12.99, Ch.D. - the leading case on expanding the availability of springboard relief in the employment field.
Restrictive covenants: He regularly advises and appears in this area in both the Queen’s Bench and Chancery Divisions. Recent cases include UBS v Vestra and others (2008, settled), Norbrook Pharamceuticals v Adair [2008] EWHC, Heath Lambert v RFIB (2007, settled).
Industry sectors:-
- City work including money broking, insurance broking, fund management.
- Telecoms.
- Higher education: His employment practice here overlaps with his significant public law practice. He has represented universities in judicial reviews concerning employment issues as well as in academic challenges. He has recently completed a 3-week internal disciplinary University hearing, chaired by a former judge of the Court of Appeal, into charges of research fraud.
He has also acted both for and against trade unions in industrial action disputes.
Administrative & Public Law:
A broad practice covering regulation, human rights, public procurement, local government powers and finance, and education.
In local government law, his practice spans the entire field of operation from capital finance, vires and constitutional issues to community care. It takes in the frequent human rights issues which arise in this field.
His advisory clients include the GLA as well as many major local authorities around the country. Recent advisory work includes the £200m disposal of Dolphin Square for Westminster, the legal implications of hung councils, and the human rights consequences for English law of child marriages in South Asia.
Recent cases of note include:
R (Bristol-Myers Squibb Pharmaceuticals Ltd) v NICE [2009] EWHC 2722 (Admin). Led for the defendant, resisting a challenge by the claimant drug company, on grounds of fairness and EU law, to NICE’s decision not to recommend its product. Claim dismissed.
R (WK) v Kent CC, LTL 11.5.09, Administrative Court. Led for the defendants in test case for over 70 High Court challenges to the validity of age assessments of asylum-seekers. Claim dismissed (appeal to be heard 2010).
R (EasyJet Airline Co) v Civil Aviation Authority, 2008-09, ongoing – challenge to CAA’s determination of airport charges for 2008-2013.
R (M and A) v Lambeth LBC and Croydon LBC [2009] LGR 24 (age assessment of asylum seekers - successfully appeared for defendants on determination of preliminary issues concerning article 6 and statutory construction - judgment now awaited from Supreme Court.
R (Fraser) v NICE (2009) 107 BMLR 178. Led for the defendant, successfully resisting a challenge to NICE’s guideline on Chronic Fatigue Syndrome/ME. Following the dismissal of the claim, substantial costs were claimed against and paid by the legally-aided claimants’ solicitors.
Cooper v Attorney General (QBD, 2008) – first ever claim for damages under EU law arising out of judicial error (Kobler liability).
Queen Mary University of London v Higher Education Funding Council for England [2008] ELR 540 – successful challenge to HEFCE clawback decision.
R (Ireneschild) v Lambeth LBC [2007] HLR 34, CA – rationality and fairness in assessment of adult needs.
Cookson & Clegg v MoD [2005] EWCA 811, LTL 10.6.05: availability of separate public law challenge under EU procurement legislation to British Army tender decision.
R (Western Riverside Waste Authority) v Wandsworth LBC [2005] LGR 846: legality of charging and disposal policy for commercial waste.
R (Grant) v Lambeth LBC [2005] 1 WLR 1781: legality of offering illegal immigrant transport home, article 8 ECHR rights.
Sanders v Kingston [2005] LGR 701: disqualification of councillor for offensive remarks, article 6 and 10 ECHR rights.
R (London Oratory School) v Schools Adjudicator [2005] ELR 52: legality of decision preventing Catholic school from interviewing, article 9 ECHR rights.
R (Spink) v Wandsworth LBC [2005] 1 WLR 258 and 2884: legality of means-testing for benefits for the disabled; article 8 ECHR rights.
R (G) v Barnet LBC [2004] 2 AC 208: extent of duties owed to children in need, articles 8 and 14 ECHR.
Civil Liberties & Human Rights:
See under Human Rights.
Education:
His practice spans the commercial, employment and public law aspects of the education sector. He regularly advises and acts in significant cases concerning universities. He is ranked as a leading silk in this area by The Legal 500 for 2006.
- Appeared for the defendant in the first ever trial involving disputes over an ongoing clinical research trial, Xytis Pharmaceuticals v London School of Hygiene and Tropical Medicine, Commercial Court, February 2008 (trial settled after first week on claimants withdrawing all claims and paying defendant’s costs).
- Queen Mary University of London v Higher Education Funding Council for England, LTL 26.6.08 – successful challenge to HEFCE clawback decision
- Representing a UK university in a High Court dispute over an accreditation agreement.
- Represented the London Oratory School in its challenge to the Schools Adjudicator, R (London Oratory School) v Schools Adjudicator [2005] ELR 52.
- Recently appeared for a university in a 3-week disciplinary tribunal, chaired by a former Court of Appeal judge, to consider issues of medical research fraud.
- Judicial reviews concerning university promotion and examination awards.
- Represented the LEA in a challenge to the legality of a proposed City Academy, R (Macdonald) v LB Merton, 29.7.05.
Human Rights:
Regularly deals with human rights issues as part of his public law practice.
Recent work includes:
R (M and A) v Lambeth LBC and Croydon LBC [2009] LGR 24 (age assessment of asylum seekers - successfully appeared for defendants on determination of preliminary issues concerning article 6 (House of Lords hearing July 2009, judgment awaited))
R (Grant) v Lambeth LBC [2005] 1 WLR 1781: legality of offering illegal immigrant transport home, article 8 ECHR rights.
Sanders v Kingston [2005] LGR 701: disqualification of councillor for offensive remarks, article 6 and 10 ECHR rights.
R (London Oratory School) v Schools Adjudicator [2005] ELR 52: legality of decision preventing Catholic school from interviewing, article 9 ECHR rights.
R (Spink) v Wandsworth LBC [2005] 1 WLR 258 and 2884: legality of means-testing for benefits for the disabled; article 8 ECHR rights.
R (G) v Barnet LBC [2004] 2 AC 208: extent of duties owed to children in need, articles 8 and 14 ECHR.
Local government:
See under Administrative & Public Law, Competition & European Law, Education and Human Rights.
Partnership:
Regularly advises on partnership (including LLP) issues, in particular concerning termination and post-termination disputes. Work is normally confidential but in recent years has included accountants and solicitors.
Professional Discipline:
Has appeared in a number of university disciplinary hearings, most recently a 3-week disciplinary tribunal, chaired by a former Court of Appeal judge, considering issues of medical research fraud.
Languages
Fluent French