Mikhail Charles (2012)

Barrister (England and Wales) | Barrister (Eastern Caribbean) | Chartered Director | Mediator

Mikhail’s practice incorporates commercial law, property law, landlord and tenant, insolvency, trusts, contract and general civil litigation wherein he appears in County Courts, tribunals and the High Court in England and Wales.
He is fully versed in all forms of ADR and accepts instructions in mediation and arbitration, both domestic and international.
Often his cases involve an offshore/international element (and is Chambers and Partners ranked for Saint Vincent and the Grenadines) and he is familiar with the particular considerations of cases which involve proceedings in other jurisdictions.
He has extensive experience obtaining emergency injunctions, including freezing orders.
The same where he appears in the High Court and Court of Appeal in the Eastern Caribbean.
He undertakes drafting and advisory work within the above areas. In depth detail is available upon request.
He also regularly provides expert evidence on matters of Commonwealth Caribbean Company and Corporate Law.
He was educated at the Saint Vincent Boys Grammar School, did A-Levels in Saint Vincent and his LL.B at University of Wales (Cardiff), bar at City University Law School and a Masters in Corporate and Insolvency Law at Nottingham Law School.
He lectures in commercial law, advocacy and professional ethics at the University of Greenwich and is a company law consultant at the British Institute of International and Comparative Law.
Mikhail’s focus upon commercial litigation and upon the demands of HNW clients has meant that many of his cases have involved either an international or off shore element. Accordingly he is experienced in the international aspects of all of the areas in which he practices.
His main international focus would be cases involving off-shore companies, structures and international contracts/arbitration as well as enforcement of judgments.
Amongst other things, he is admitted to and practising at the Bar of the British Virgin Islands and the Saint Kitts and Nevis Bar. He also holds the LEC, a credential which allows him to be admitted to the Bar of any Commonwealth Caribbean State as of right.
He is also a 4th Dan (Master Grade) Taekwondo practitioner and was formerly world ranked – he teaches / coaches at Tan Gun Taekwondo and Mixed Martial Arts Academy

EXPERTS YOU CAN TRUST

EXPERIENCE & BACKGROUND

He has substantial experience within this area, regularly advising, drafting and appearing in matters such as boundary disputes, trespass, easements, freehold and leasehold covenants, nuisance, rights of way, adverse possession and compulsory purchase orders, appearing in both Courts and Tribunals in England and Wales and in the offshore Caribbean.
In conjunction with real property, this constitutes an extensive part of his practice, he undertakes commercial and residential work on behalf of both landlords and tenants, He is legal aid registered so is able to cater to both sides of these types of disputes and has experience dealing with many areas including the creation of leases, both equitable and legal, all manner of issues appertaining to the Landlord and Tenant Act 1954 and the forfeiture, surrender and determination of leases. He is regularly instructed to conduct cases for both landlords and tenants relating to assured shorthold and assured tenancies, disrepair, the accelerated possession procedure and rent arrears. Representative instructions include:
  • Advising and preparing Defences to a variety of claims for unpaid rent which raised issues of disrepair, contractual interpretation, validity of Section 8 and Section 21 Notices.
  • Appearing at a number of private rental possession proceedings (and advising on such proceedings)
  • Advising on and preparing Particulars of Claim for a variety of circumstances, including  the forfeiture of commercial leases, residential property etc.
  • Representing Parties in diverse applications to the First Tier Tribunal.
  • Representing landlords and property owners in residential possession proceedings against tenants and trespassers
He has developed a UK facing practice dealing with co-ownership of a homes or other property in non-marital relationships, proprietary estoppel and undue influence under TOLATA 1996 and in the offshore Caribbean. Representative experience includes:
  • Advising personal representatives on the proper construction of a will and how the estate assets fall to be distributed.
Representative experience includes:
  • Representing the Claimant in Part 8 proceedings in relation to the administration of a trust (the case settled prior to trial)
 
  • Representing the Claimant in contested Part 8 (now Part 7 proceedings) for Section 15 TOLATA proceedings over a joint names property valued at £2 million.
He is regularly instructed in cases involving the creation of contracts, incorporation of terms, breach and enforcement of contracts.  He has considerable experience of dealing with cases involving cross border contracts, assets and judgment enforcement, specifically in the Caribbean Region.
He has considerable experience of appearing in court and advising on a wide range of corporate and personal insolvency matters. He welcomes instructions in this area of practice. Representative instructions include:
  • Appearing for petitioning creditors and companies at the hearing of numerous winding up petitions
  • Appearing for petitioning creditors and debtors at the hearing of numerous bankruptcy petitions
  • Advising and appearing on a variety of applications to set aside statutory demands.
He has experience of advising on a range of company law matters and appearing at trials and hearings on behalf of companies and company directors. He welcomes instructions in this practice area. Representative instructions include:
  • Appearing at a hearing concerning a claim for rectification of a company’s register of members
  • Advising on an application to restore a company to the register
  • Appearing on applications to extend time for the registration of a charge.
     
In addition to the above, He frequently undertake a wide variety of work relating to all manner of civil litigation in both the County and High Court in England and Wales and in most Eastern Caribbean countries.
He undertakes public access work, for which he is supervised as he is under 3 years PQE.
  • England and Wales: Barrister | Mediator (Civil and Commercial –
  • PDSL, Civil Mediation Council, Chartered Institute of Arbitrators and International Mediation Institute)
  • Eastern Caribbean (British Virgin Islands, St. Kitts and Nevis, St. Vincent and the Grenadines, St. Lucia and Grenada):
  • Barrister | Notary PublicEmail: info@mikhailcharles.com
  • Chancery Bar Association
  • Commercial Bar Association
  • Property Bar Association