Charles Auld


Charles Auld

Call 1980 (Middle Temple)
Qualifications BA (Dunelm)
Professional Membership Member of Chancery Bar Association

Expertise


Charles’ practice has always included a significant number of commercial cases.  These have included a dispute over the importation of golf clubs from China, which was successfully concluded in the Court of Appeal (Taiwan Scot v Masters [2009] All ER(D) 221), and also one relating to the quality of boat trailers.

Charles has a particular interest in aviation related matters (he holds a Private Pilot’s Licence and owns a share in a small aeroplane) and has dealt with a number of disputes about aircraft. For example he has conducted cases in Court where an aircraft owner is in a dispute with his maintenance provider.  He also advises on compliance with the provisions of the Air Navigation Order 2009.

He has conducted cases in the Court of Appeal over whether a contract is void for uncertainty (Scammell v Dicker [2005] 3 All ER 838) relating to the construction of a solicitor’s undertaking (Reddy v Lachlan [2000] Lloyd’s Rep PN 858) and the setting aside of a statutory demand (Platts v Western Trust and Savings [1996] BPIR 339).

Libel and Slander

Charles has always had an interest in libel and slander and he continues to give advice on such matters.

Recommendations

  • “Charles’ workload includes partnership disputes, professional negligence and wills and trusts.” Legal 500, Commercial, banking and insolvency (2015)
  • “Charles is very knowledgeable of law and procedure, and not shy of giving forthright advice” Legal 500, Commercial, banking and insolvency (2014)
  • “Charles is very thorough.” Legal 500, commercial, insolvency and property (2013)
  • “Charles is articulate, approachable and provides good commercial advice.” Legal 500, commercial, insolvency and property (2012)

Charles often deals with cases arising under the Inheritance (Provision for Family and Dependants) Act 1975.

Charles has often been instructed in partnership disputes.  In addition to matters about the ownership of the partnership assets, disputes in which he has been instructed have included whether a partnership exists and, if so, when it was formed.

Charles specialises in professional negligence that arises out of his other areas of practice.  Normally this relates to conveyancing and similar land transactions where the relevant professional involved is alleged to have failed to carry out the transaction properly.

Much of Charles’ practice concerns Property and Real Estate.  He has been instructed in:

  • Disputes over land including traditional boundary disputes, restrictive covenants, rights of way and other easements (Wheeler v Saunders [1996] Ch 19). In Melhuish v Fishburn [2009] All ER(D) 23 he was successful in the Court of Appeal in an action concerning the interaction of boundary agreements and section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.
  • Landlord and tenant disputes, both residential (Springfield Investments v Bell [1991] 1 EGLR 115 CA) and commercial (Looe Fuels v Looe Harbour Commissioners [2008] All ER(D) 305 CA).
  • Matters relating to mobile homes and mobile home parks (Howard v Kinvena Homes (1999) 32HLR541).
  • Applications before the Adjudicator to H.M. Land Registry and appeals from there to the Chancery Division (Mann v Dingley [2011] EWLandRA 2010_0582).
  • Disputes between potential purchasers and developers of new-build residential properties where the purchasers, because of declining values, wish to be released from their contracts or where the developer wishes to ensure that the purchasers can be obliged to purchase (Eminence Properties v Heaney [2011] 2 All ER (Comm) 223).

Recommendations

  • “Charles is a respected barrister with expertise in land registration and land-related cases, in addition to more traditional chancery matters. His broad practice runs the full gamut of commercial property issues. ‘Charles is extremely personable, client-friendly, supportive and pragmatic.’ ‘Good at putting clients at ease.’ “ Chambers UK, Real Estate Litigation (2017)
  • “Charles is experienced in land-related claims.” Legal 500, Property (2016)
  • ” ‘I trust his knowledge and opinions. He knows real estate inside out.’ ‘Charles is a very strong practitioner who is able to gain and retain the client’s trust when dealing with complex property disputes.’ ” Chambers UK, Real Estate Litigation (2016)
  • “Charles is experienced in boundary disputes, landlord and tenant work, and rights of way issues, among other matters.” Legal 500, Property (2015)
  • “Charles handles a variety of agricultural and domestic property disputes on behalf of both private and commercial clients. He focuses his extensive chancery practice on land-related matters. ‘He is very good with clients, particularly when it comes to putting them at ease and explaining his legal arguments in lay term.’ ‘He gets the job done very quickly and efficiently.” Chambers UK, Real Estate Litigation (2015)

Charles advises on the construction of wills and trusts and together with applications to the Court for directions.  Court actions have included applications relating to the Trusts of Land and Appointment of Trustees Act 1996.  He has also acted on a number of occasions for interveners in matrimonial disputes where the question of who owns particular assets has needed to be decided.

Recommendations

  • “Charles acts for clients in property disputes and contentious probate. He also takes instructions in professional negligence and partnership matters. ‘Certainly very impressive, he’s been around so long he knows his stuff.’ ” Chambers UK, Chancery (2017)
  • “Recommended for traditional Chancery matters.” Legal 500, Commercial, Banking, Insolvency and Chancery Law (2016)
  • “Charles is highly intelligent and articulate. If you want someone who can charm the judge and be strong in the courtroom – he’s the man.” Chambers UK, Chancery (2016)
  • “Charles manages a diverse chancery practice focused principally on commercial litigation. He frequently represents clients in partnership and property disputes, and is also adept in related professional negligence claims and will challenges. ‘He is knowledgeable in the law, but also has a pragmatic approach to cases, he can see a possible settlement that others might miss – and his advocacy is excellent.’ ” Chambers UK, Chancery (2015)

Practice Overview

Charles’ practice comprises both commercial disputes and more traditional chancery matters. He is a respected barrister with expertise in land registration and land-related cases, in addition to more traditional chancery matters. His broad practice runs the full gamut of commercial property issues. He is described by peers as extremely personable, client-friendly, supportive and pragmatic.

Charles is qualified to undertake public access work in appropriate cases, for further information, please visit our Public Access page.