Charles IRVINE 560x670

Charles Irvine

Year of Call: 2010
Email Address: [email protected]
Telephone: 020 7583 8055

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Clerk Details

  • Clerk Name: David Fielder
  • Clerk Telephone: 020 7583 8055
  • Clerk Email: [email protected]

Property and Estates

Charles enjoys a busy property practice and his experience includes:

  • Real property, with a focus on trusts of land, proprietary estoppel and the interpretation of deeds.
  • Landlord and Tenant: Commercial and residential landlord and tenant law, including possession, advising on secured and assured tenancies, 1954 Act renewals and forfeiture and surrender

Recent and reported cases:

Hambling & anor v Wakerly & anor [2023] EWHC 343 (Ch); [2023] All ER (D) 77 (Feb)
Charles was successful at both first instance and at appeal in a claim brought against his clients for: (i) interference with a right of way, which was dependant on the interpretation of a transfer; (ii) interference with a right to light; and (iii) proprietary estoppel.  Charles won on all issues at first instance.  On appeal, the issue centred on whether the interpretation of a right of way and whether there was any “ancillary” use arguments which would benefit a right of way.  Again, Charles was successful in opposing the appeal.

The case attracted a significant amount of national press interest:

Gillbac Ltd v (1) Clinkett & (2) Persons Unknown [2023]
Charles successfully represented the Claimant in complex commercial possession proceedings involving the removal of a former business tenant from premises to be sold to developers as part of a £2.8million development. The former tenant took forceable repossession of the site to operate from and refused to leave on the basis that the local council had failed to find alternative premises for him to operate from.  The matter attracted a national press interest.

Uddin & Begum v Hussain & Islam [2023]
Charles successfully obtained a High Court injunction on behalf of the Claimants to prevent the Defendants (their son and daughter-in-law) from selling a home in which they all lived in.  In the substantive claim, the Claimants seek to set aside/void a fraudulent transfer deed which transferred the property into the Claimants’ son’s sole name.  The Claimants assert that their son forged for his parents’ signature on the transfer deed.  Alternatively, the First Defendant made his parents sign the transfer deed on the basis of a fraudulent misrepresentation and/or as a result of applying undue influence and/or by mistake.

Carshalton Beeches Bowling Club Limited v Seaton House School [2020]
Charles successfully represented the Defendant, Seaton House School, named Independent Preparatory School of the Year 2018, at a 3 day trial in the County Court at Central London.  The claim concerned a business lease renewal under the Landlord and Tenant Act 1954 and a claim for a new lease under the principles of proprietary estoppel. The case has attracted news coverage including in The Telegraph, The Times, the Evening Standard and the Daily Mail.

Shah & Shah v Greening & Greening [2015]
A 2 day trial in the High Court concerning the specific performance of a contract for sale which raised issues of illegality and exceptional hardship.

Pressland v Sonigara [2015]
A 2 day trial at the County Court at Central London concerning the surrender of a lease by operation of law.

Hayatt v Cherwell District Council [2014]
First Tier Tribunal Property Chamber (Residential Property) appeal against the refusal to revoke an Interim Management Order.

  • Articles

    • 3PB reviews new changes to the execution of legal documents during COVID-19

      19th May 2020

      Lydia Pemberton, deputy head of 3PB’s Property and Estate team, and Charles Irvine, a member of 3PB’s Property and Estates team and Commercial team, have reviewed the new changes to the execution of documents brought about shortly before and since the COVID-19 pandemic and lockdown.

      New ways of working have meant a rise in technology and electronic communications which brings new formalities when it comes to dealing with the execution of legal documents. In this article, Lydia and Charles assess the current rules on formalities of deeds and documents and give their detailed response to these frequently asked questions from private client and property solicitors:
      • What constitutes signature?
      • What amounts to attesting?
      • What happens if a deed fails to meet the formality requirements?
      • What about formalities for notices and section 44 of the Companies Act 2006?
      • What is HM Land Registry’s response to the COVID-19 lockdown?
      • What are the formalities for wills?

      View Article

    • Changing the locks during lockdown:The Coronavirus Act 2020, Commercial Property and Forfeiture

      27th Apr 2020

      3PB’s specialist Property and Estates Barristers Charles Irvine and Rebecca Farrell have issued an updated guide on the rights of commercial landlords and their tenants during the Coronavirus pandemic.

      The guide reviews the existing position for commercial landlords and their tenants as well as an update on the latest Government’s announcement on 23rd April 2020.

      View Article

    • Changing the locks during the lockdown

      9th Apr 2020

      3PB's Charles Irvine and Rebecca Farrell discuss Changing the locks during lockdown: The Coronavirus Act 2020, Commercial Property and Forfeiture

      View Article
  • Recommendations

    Charles Irvine of 3PB Barristers is an accomplished junior with a growing practice which covers an array of property disputes. He demonstrates impressive expertise in residential and commercial landlord and tenant work and also acts in cases with elements of trusts law.
    Strengths: “Charles is an advocate who inspires confidence in and provides reassurance to instructing solicitors and clients alike.”

    Chambers UK 2024/Real Estate Litigation/South Eastern Bar

    Strengths: “He is a highly skilled tactician, he grasps issues quickly and always ensures the client's interests are protected.”
    “I find that he matches the enthusiasm of the junior counsel but has the methodical approach of a senior.”
    “Clients like how he approaches the advice and the way in which he keeps them calm and grounded, making sure they understand his thinking and strategy.”

    Chambers UK 2024/Commercial Dispute Resolution/South Eastern Bar Charles Irvine is a barrister with expertise in commercial litigation with an emphasis on insolvencies and boardroom disputes. He also has experience in contractual and professional negligence cases.
    Strengths: “Charles has a great client manner and is excellent in his written work; he is thorough and firm in his advice, and his legal knowledge is exceptional.”
    “Charles is very responsive and personable. His drafting is very good and he is technically strong.”

    Chambers UK 2023/Real Estate Litigation/South Eastern Bar

    Charles Irvine is a barrister with expertise in commercial litigation and an emphasis on insolvencies and boardroom disputes. He also has experience in contractual and professional negligence cases.
    Strengths: “Charles is really bright. His written work is spot on.”
    “Charles is extremely responsive and quick to pick up nuances. He is a brilliant advocate - technically skilled and knowledgeable.”

    Chambers UK 2023/Commercial Dispute Resolution /South Eastern Bar

    An accomplished junior with a growing practice which covers an array of property disputes. Irvine demonstrates impressive expertise in residential and commercial landlord and tenant work and also acts in cases with elements of trusts law.
    Strengths: "Charles is exceptionally commercially minded, both in helping clients focus on their true objectives and, upon reaching those goals, providing total client care in pre-empting further developments following on from his instruction." "He is personable, meticulous and tenacious."
    Recent work: Charles successfully defended a school in a claim brought by a local bowling club under the Landlord and Tenant Act 1954 for the club to continue operating within the school’s premises.

    Chambers UK 2022/Real Estate Litigation/South Eastern Bar

    Strengths: "Charles is a barrister who thinks outside of the box and can develop arguments and raise key points that haven’t been considered before." "He is thorough and provides clever, commercial advice."
    Recent work: Successfully obtained summary judgment on a deed of personal guarantee given by a director of a company, despite allegations of undue influence

    Chambers UK 2022/Commercial Dispute Resolution /South Eastern Bar

    ‘Charles' drafting of pleadings and attention to detail are strong points. He also provides decisive, commercial views and turns work around quickly.’

    Legal 500 2024/Company and Insolvency/South Eastern - Ranked Tier 1

    ‘Charles’s firm commandment of a court room in pursuit of a faultless strategy is a sight to behold, much to the elation of clients. He is affable with clients, reassuring with solicitors and most importantly, an outstanding representative for the party he fights for.’

    Legal 500 2024/  Property and Construction/ South Eastern Bar/ Leading Junior - Tier 1

    Charles Irvine is a ‘top-notch tactician’ and successfully defended a complex claim, including allegations of fraud, brought by one sister against another in a claim concerning the rectification of deeds upon the division of a large estate.

    ‘Charles’ knowledge and experience in construction law are second to none. His drafting of pleadings demonstrates that he can grasp the issues succinctly and effectively articulate them.’

    Legal 500 2023/Property and Construction/Leading Juniors/South Eastern Circuit - Ranked Tier 1

    ‘Charles’ strengths are his attention to detail, ability to develop and execute effective strategies. He is able to put forward his client’s position in an effective and most persuasive way.’

    Legal 500 2023/Company and Insolvency/South Eastern - Ranked Tier 1

    ‘Charles is thorough and conscientious, and provides excellent advice. He is a calm and considered advocate.’

    Legal 500 2022/Property and Construction/Leading Juniors/South Eastern Circuit

    Charles is ranked in the Legal 500 2022/Property and Construction/Leading Juniors/South Eastern Circuit edition

    ‘His grasp of the issues and his knowledge of the law are second-to-none.’

    Legal 500 2021/Property and Construction/South Eastern

    ‘Turns matters round quickly, is very good value for money and is at the end of the phone to discuss technical queries when the need arises.’

    "Charles Irvine at 3PB is adept at handling insolvency matters, particularly with respect to individual bankruptcies and corporate liquidations, including ones involving disputes between company directors."

    Legal 500 2021/Company and Insolvency/South Eastern

     

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