Charles Samek KC

Charles’ commercial law and banking and finance litigation practice is high profile and concerned with many of the most important and high value cases of the day.

Recent cases of interest include:

• Servis-Terminal LLC v Drelle [2026] Ch 1 – successful appeal to the Court of Appeal ruling that a sum awarded under an unrecognised foreign judgement could not found the basis of a bankruptcy petition (on appeal to the UK Supreme Court)
• Secretary of State for Health and Social Care v PPE Medpro Ltd [2025] EWHC 2486 (Comm) – Charles acted for the defendant company resisting claims in relation to the supply of 25 million sterile surgical gowns during Covid; case involved issues of sale of goods, rejection, breach of contract, sterility and statistics
• Athena Capital Fund Sicav-Fis Sca & Ors v Secretariat of State of the Holy See [2025] EWHC 355 (Comm) – successful action obtaining important declaratory relief in favour of Charles’s clients in relation to a property transaction regarding a landmark building on Sloane Avenue, Chelsea, London
• Agate Assets SA et al. v Banque Privée Edmond de Rothschild Europe SA et al. [2020] – Commercial Court – Charles (since 2017) is acting for the liquidator of an Italian investment fund and for an Italian pension fund in litigation arising out of the sale by Commerzbank of a structured product alleged inter alia to contravene Luxembourg / EU legislation relating to UCITS 5-week trial to take place in November 2021.
• Horlick and others v Cavaco and others [2020] – Charles is acting for a number of defendants in a case brought by various claimants to inter alia recover sums alleged to be due arising out of sundry agreements allegedly entered into in relation to a mining opportunities in Mozambique.
• Allergy Therapeutics (UK) Ltd v Inflamax Research Inc [2019] EWHC 2526 (Comm) &[2017-2018] – breach of contract case concerning provision of services in relation to testing of anti-pollen allergy product produced by claimant; Charles acted for the defendant research organisation 5 weeks trial settled days before hearing.
• Alexandroff v Credit Suisse International [2017-2018] – Commercial Court – Charles acted for the claimant suing for introduction fees in relation to two lucrative banking transactions.
• Financière Mademoiselle Desserts v French et al [2017] Chancery Division – Charles acted for the claimant in a claim in fraudulent misrepresentation and breach of warranty arising out of a share sale agreement in relation to a dessert and cake production business.
• ICICI Bank (Singapore Branch) Ltd v Essar Global Fund Ltd [2017] – Commercial Court – Charles acted for claimant bank in successful application to enforce $580 million New York judgment.
• Emmott v Michael Wilson & Partners, Ltd [2017] EWCA Civ 367 – appellate case concerning construction and application of CPR72 10 to monies in court – consideration of interests of secured creditor – effect of prior judgment ordering payment out of sums.
• Michael Wilson & Partners Ltd v Sinclair [2017] EWCA Civ 3 – Charles was successful before the Court of Appeal in overturning a decision of Teare J ([2012] EWHC 2560 (Comm)) striking out the claimant’s claim for abuse of process on the grounds that the fundamental basis of the claim had been determined against it in a prior related arbitration between it and a third party. The case will now proceed to trial in the Commercial Court. See also the linked case below ([2015] C P Rep 45).
• Michael Wilson & Partners Ltd v Sinclair [2017] EWCA Civ 55 – Charles was again successful before the Court of Appeal in overturning a decision of Whipple J. The Court of Appeal held that the correct CPR rule for (in general) applying for stays of execution of money judgments, including of registered foreign judgments, was CPR 83.7 rather than under CPR 3.1(2)(f). It also held that the judge’s alternative exercise of discretion based on the correct rule was flawed and that there was no basis for disturbing the usual ‘pay-as-you-go’ rule.
• AmTrust Europe Ltd v Trust Risk Group SpA [2016] – in a suite of Commercial Court hearings before Blair J, Charles successfully acted for the defendant Italian brokerage house in resisting claims for further injunctive relief and amendments to allege corruption of a Milanese arbitral tribunal trying claims between the same parties and to allege attempted extortion of one of the claimant’s directors.
• Dexia Crediop SpA v Provincia Brescia [2016] EWHC 3261 (Comm) – Charles acted for the Italian public authority defendant in Swaps litigation against Dexia and Deutsche banks. This case concerned a jurisdiction battle in relation to competing English and Italian exclusive jurisdiction clauses. Reported at [2016] EWHC 3261 (Comm.).
• St Vincent European General Partner Ltd v Robinson [2016] EWHC 2920 (Comm) – Charles successfully resisted a jurisdiction challenge to English proceedings in relation to a Cypriot-law shares pledge. The Court accepted Charles’ arguments that the English court was bound to take jurisdiction even though the shares pledge contained a Cypriot exclusive jurisdiction clause because it was bound to recognise a prior Cypriot High Court ruling that the English Court had jurisdiction.
• Hertel v Saunders [2015] 5 Costs L R 825. Charles (who had not acted below) successfully persuaded Morgan J to overturn a Master’s decision that an offer letter in an alleged partnership / joint venture dispute was a Part 36 offer letter. Interpretation of CPR Part 36 and consideration of necessary conditions for an offer to be a Part 36 offer; Morgan J ruling that an offer made after proceedings had commenced and relating to an intended claim was not a Part 36 offer.

Charles’ Civil Fraud practice is high-profile, complex and distinctly international. He has appeared in many of the leading cases in the civil fraud arena.

Recent cases of interest include:

• Athena Capital Fund Sicav-Fis Sca & Ors v Secretariat of State of the Holy See [2025] EWHC 355 (Comm) – successful action against the Vatican State, resulting in the dismissal of all allegations against Charles’ clients of unlawful means conspiracy, fraudulent misrepresentation and dishonesty
• JSC BTA Bank v Khrapunov [2018] UKSC 19 – Charles appeared for Mr Khrapunov in the UK Supreme Court what is now the leading English case on the scope of the tort of unlawful means conspiracy and on the application of the Brussels / Lugano jurisdiction scheme to such claims. See also [2018] EWCA Civ 819 on privilege against self-incrimination and cross-examination on assets in face of extradition threat.
• Tsareva & ors. v Ananyev & ors. [2019] EWHC 2414 (Comm) – Commercial Court case on whether English Court had jurisdiction to hear claims by depositors against oligarch Ananyev brothers arising out of collapse of Promsvyaz Bank in Russia.
• Cyprus Popular Bank Public Co Ltd v Vgenopoulos [2018] EWCA CIV 1 – Charles appeared for the successful appellant, Cyprus Popular Bank, in the leading English appellate case on the application of the Brussels / Lugano enforcement of judgments regime to foreign worldwide freezing order and on the meaning and interpretation of the English procedural rules and the Brussels / Lugano scheme to what matters constitute ‘enforcement’ and which are thus prohibited within the period of an appeal against registration of a foreign judgment.
• JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev [2017] – Charles acted for Mr Sergei Pugachev in litigation with the claimants arising out of the insolvency of JSC Mezhdunarodniy Promyshlenniy Bank, a subsidiary liability Russian judgment against him and an English default judgment enforcing the former Reported judgments at [2017] EWHC (Ch) 1751; 1767; 1847; 1853.
• JSC BTA Bank v Khrapunov [2017] 2.5.17 (HHJ Waksman KC) – Successful application for the defendant to amend his application to set aside a freezing order for material non-disclosure so as to add further grounds of alleged non-disclosure and alleged misleading of the Court by the claimant.
• GFH Capital Ltd v Haigh et al. [2017] Charles was instructed by one of the defendants in Commercial Court litigation against David Haigh, formerly of Leeds United FC. The present action concerns the claimant’s attempt to register a Dubai money judgment against Mr Haigh and parasitic claims against third parties.
• Abela v Baadarani [2017] – Charles was instructed by defendants who are resisting fresh proceedings brought by the claimants on the back of default judgment obtained against the principal defendant, Mr Baadarani. There has been a decision (unreported) by Nugee J in relation to a Third Party Debt Order and a Norwich Pharmacal Order which is the subject of an application for permission to appeal to the Court of Appeal.

Charles has acted in many of the leading cases in relation to private international law jurisdiction disputes, and has considerable experience of anti-suit and anti-enforcement relief.

• Atlas Holdings LLC v Aviator LLC, City Loft LLC and Ugulava [2024] EWHC 2562 (Comm) – Charles successfully obtained anti-enforcement and anti-suit injunctions against defendants arising out of arbitral proceedings
• Alimov v Mirakhmedov [2024] EWHC 3322 (Comm) – Claim brought under Kazakhstan law against multiple defendants, one of whom was properly served in England; question whether the other defendants should be subject to English court jurisdiction; reasonable prospects of success.
• Athena Capital Fund SICAV-FIS SCA v Secretariat of State for the Holy See [2022] 1 W.L.R. 4570; [2022] 1 W.L.R. 1389 – Charles’ clients, the claimants, successfully defeated a jurisdiction challenge by the defendant Vatican State and on appeal overturned the case management stay ordered by the lower court.

• PJSC Bank “Finance and Credit” v Kostyatin Zhevago [2021] EWHC 2522 (Ch) stay of proceedings granted in claims brought in tort under Ukrainian law on the basis that Ukraine was the most appropriate forum for determination of the dispute. Otherwise, court would have granted worldwide freezing order relief against main defendant.
• BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2020] 1 All E.R. 762] jurisdiction dispute arising out of ISDA swap transaction for defendant corporation .
• Horlick and others v Cavaco and others [2020] – Charles is acting for a corporate defendant challenging the jurisdiction of the English Court in a case brought by various claimants to inter alia recover sums alleged to be due arising out of sundry agreements allegedly entered into in relation to a mining opportunities in Mozambique.
• JSC BTA Bank v Khrapunov [2018] UKSC 19 – Charles appeared for Mr Khrapunov in what is now the English case on the application of the Brussels / Lugano jurisdiction scheme to tortious conspiracy See above.
• Khrapunov v JSC BTA Bank [2018] EWCA Civ 819 – whether judge had been entitled to refuse to adjourn the cross-examination of a defendant on his asset disclosure obligations under a worldwide freezing injunction or to permit him to give his evidence by video link from Switzerland.
• Tsareva v Ananyev [2019] EWHC 2414 (Comm) – jurisdiction challenge in relation to claims brought by Russian bank customers against owners of bank.
• JSC BTA Bank v Ablyazov [2018] EWHC 1368 (Comm) – whether order requiring the second defendant to provide full disclosure regarding the way in which his legal expenses were being funded should be made; issue whether claimant had a properly arguable case that his legal expenses were being funded by monies which were subject to worldwide freezing orders.
• St Vincent European General Partner Ltd v Robinson [2016] EWHC 2920 (Comm) – Charles successfully resisted a jurisdiction challenge to English proceedings in relation to a Cypriot-law shares pledge. The Court accepted Charles’ arguments that the English court was bound to take jurisdiction even though the shares pledge contained a Cypriot exclusive jurisdiction clause because it was bound to recognise a prior Cypriot High Court ruling that the English Court had jurisdiction.
• Cyprus Popular Bank Co Ltd v Vgenopoulos – see above.
• Dexia Crediop SpA v Provincia Brescia [2016] EWHC 3261 (Comm) – Charles acted for the Italian public authority defendant in Swaps litigation against Dexia and Deutsche banks. This case concerned a jurisdiction battle in relation to competing English and Italian exclusive jurisdiction clauses.
• Emmott v Michael Wilson and Partners [2016] EWHC 3010 (Comm) – Charles acted for the defendant in anti-suit injunction proceedings brought by the claimant to restrain proceedings in New South Wales, Australia.
• AmTrust Europe Limited v Trust Risk Group SpA [2015] EWHC 1927 (Comm) successfully resisting (with Alexander Robson) on behalf of Italian med/mal insurance broker application for anti-arbitration injunction brought by insurer in order to restrain Milan arbitration proceedings.

Charles is a member of the Bar of the Eastern Caribbean Supreme Court, Territory of the (British) Virgin Islands. He has appeared on many occasions in the BVI commercial court and the Eastern Caribbean Court of Appeal. Many of his instructions involved jurisdiction disputes or litigation under the BVI Business Companies Act or Insolvency Act. He also appeared for the successful respondents in what is the leading case for the admission of illegally obtained evidence under the BVI Evidence Act (see Capital case below). He has also been admitted ad hoc to the Cayman Islands Bar where he is currently involved in litigation proceeding there.

• O’Connor v Fox; Fox v O’Connor; Re Hestian Innovation Ltd [2026] – Charles is instructed on behalf of the BVI company, the subject of two unfair prejudice, petitions, including allegations of Ebrahimi v Westbourne Galleries quasi-partnership.
• Global Steel Holdings Ltd (in liquidation) v Direct Investments Ltd et al. – [2025-2026] Charles is instructed on behalf of the defendant, including Pramod Mittal, in relation to BVI proceedings brought by the liquidators for recovery of assets in relation to alleged defeasible transactions.
• State House Trust Co Ltd v Friend Media Technology Systems Ltd [2026] – advising claimants in Jersey proceedings in relation to unfair prejudice petitions, including based on allegations of Ebrahimi v Westbourne Galleries quasi-partnership.
• Re BT Global [2024-2026] – Charles is instructed on behalf of the Cayman Islands company resisting clay was brought by a Brazilian liquidator rising out of a notorious Brazilian bankruptcy.
• Liu Kai Hong Gilda v TJY Holdings Ltd [2025] – BVI – Charles successfully acted for the defendants in disclosure mitigation in the context of wider unfair prejudice proceedings.
• DCI Advisors Ltd et al v Single Purpose Vehicle Three Ltd – [2024] – BVI – Charles acted for the claimants resisting applications to set aside statutory demands.
• Despins v K Legacy Ltd & Qiang Guo [2024-2025] – Charles acted for the defendants in relation to proceedings brought with the ultimate objective of obtaining control of a very valuable property in Kensington, London.
• BNP Paribas v Chagoury & Blue Line Fund; Re Laurella Ltd [2023] – BVIHC (COM) 2017/0076 – Charles acted for the Swiss bank as successful applicants for section 24A worldwide freezing order relief against the respondents in support of substantive proceedings in Switzerland.
• Capital WW Investment Ltd v Tall Trade Ltd [BVIHCMAP2020/0025BVIHCMAP2020/0026 2022] Charles successfully resisted an application by a loan debtor to set aside a statutory demand issued by the creditor. Jack J sitting in the BVI Commercial Court applied the Sparkasseprinciples in a comprehensive judgment rejecting the application.
• International M R Pty Ltd v Bonafide Holdings Inc [2021-2022] – Charles acted for the claimants in long running BVI unfair prejudice / “quasi-partnership” dispute proceedings involving very valuable property in Hong Kong, mainland China, and elsewhere.
• VTB Bank v Mazurov et a – Charles acted for the Russian bank in proceedings against the defendant in the Isle of Man in the context of worldwide freezing order relief.
• SFC Swiss Forfaiting Co Ltd v Swiss Forfaiting Ltd BVIHCMAP2015/001 – Charles successfully resisted an appeal in the Court of Appeal by the BVI corporate appellant seeking to overturn the decision of the judge staying the claim against Charles’ client, a Swiss company.

Please contact Charles’ clerks if you are interested in instructing Charles in an Offshore / Caribbean case. The clerks are well versed in the practicalities of engagements in that jurisdiction and formalities at the London end can be effected speedily.

Charles has acted as advocate in arbitrations: e.g. for a group of shareholders in an LCIA arbitration concerning a shareholders’ dispute in an alcohol producing company; he has also acted in another LCIA arbitration in a dispute concerning Ukrainian grain infrastructure.

Charles was one of three arbitrators in an LCI arbitration concerning the international supply and importation of cold rolled steel. Charles is acted as 1 of 3 arbitrators in an LCIA arbitration regarding a commodities dispute and on an UNCITRAL arbitration.

Charles is a member of the European users’ council of the LCIA.

Charles was educated at St. Paul’s School and Oriel College, Oxford University where he holds a BA and MA in Literae Humaniores (Mods and Greats – Latin and Greek literature, Greek and Roman ancient history and modern and ancient philosophy). At Oriel, Charles was the joint recipient of the Sir David Ross prize in ancient philosophy. After Oxford, he did his one-year law conversion course at City University, now part of the University of London.

Charles is a member of Middle Temple and Inner Temple and was awarded a Middle Temple Bursary and was also an Astbury Scholar.

Charles is fluent in Italian; speaks and understands French to a very good standard; and is at an intermediate level in Russian.