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Charlene Ferns

Associate

CMS RM Partners
82 Maude Street
3rd Floor
Sandton
2196 Sandton
Johannesburg
South Africa
Languages English, Afrikaans

Charlene is an Associate in the Dispute Resolution team.

She has assisted clients with a variety of dispute resolution and litigation services, with a focus in areas such as arbitration, ESG, banking and commercial disputes. She has experience in Magistrates Court, High Court and Supreme Court of Appeal matters.

During her Articles of Clerkship, Charlene rotated in various teams including corporate and commercial, tax and funds and regulatory and employment and labour.

Charlene first obtained her BA Law degree in 2018, which was subsequently followed by an LL.B degree from the University of the Pretoria in 2020, in which she was part of the Dean’s Merit List in her final year. Charlene was part of the International Golden Key Academic Honor Society and represented the University of Pretoria at the Salzburg Summer School program (European Private law).

She has a keen interest in large scale commercial disputes, as well as ESG related disputes, Charlene is a formidable, ambitious and conscientious individual who is always willing to assist clients in the most time efficient and cost effective manner.
 


 

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Relevant experience

  • A development finance institution – assisting with a shareholder’s dispute in relation to an Irish company, which is company that mass-produces mechanical trees which are more efficient than actual trees at removing CO2 from the atmosphere. 
  • A multinational bank - with a variety of dispute resolution services regarding the recoveries of monies, including but not limited assisting in the representation of client in High Court and Supreme Court of Appeal Proceedings.
  • A major asset management company - in confidential arbitration proceedings against a global advisory and administration firm for damages claims in the region of ZAR321 million, excluding interest.
  • A major intelligent transport solutions company - on various disputes arising out of FIDIC contractual agreements with the City of Cape Town, and National Treasury
  • African Parks Network - assisted with a last-minute ‘lifeline’ in a major purchase and rhino rewilding project for 2,000 African rhinos. 
  • Laboratory equipment supplier – assisting with defending a claim instituted against it by national Pet Nutrition company. This dispute centres around two instruments used in the production of a popular dog food brand.
  • A national development finance institution – assisting with a number of litigation matters with a view to settling these matters expeditiously on their behalf.
  • A South African state-owned entity – advising on its exposure as a shareholder to a large listed agro-processing company in business rescue.
  • A fibre and mobile network construction solutions provider - assisting in numerous litigation matters.
  • Multinational motor vehicle parts manufacturer – assisted in a dispute between two major luxury vehicle parts manufacturers.
  • A development finance institution – in relation to a dispute on the non-payment of the construction loan provided by our client for a construction of hospital.
  • A national mobility equipment supplier - assisted in the removal of a director and launching of proceedings for the recovery monies illegal withdrawn from their business account. Further assisted in a PAIA application regarding this misappropriation of company property.
     

 

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Education

  • 2020 - LL. B, University of Pretoria
  • 2019 - Certificate of completion for summer school program in European Private Law
  • 2018 - Bachelor of Arts in Law, University of Pretoria    
     
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Expertise

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19/08/2024
CMS South Africa welcomes Senior Restructuring & Insolvency Lawyer to enhance...
The South African office of CMS, a leading global law firm, is pleased to announce the addition of Bridget Letsholo to our Johannesburg office. Bridget Letsholo, an expert in restructuring, insolvency...
23/07/2024
CMS International Disputes Digest – 2024 Summer Edition
Welcome to the Summer 2024 edition of the International Disputes Digest, our bi-annual publication exploring the latest trends and solutions to the challenges facing global business. Those challenges include the continuing war against Ukraine and in the Middle East, in addition to others such as climate change and Artificial Intelligence. In this edition, our experts in Brazil explain the impact of AI on resolving disputes and why robots will not replace arbitrators anytime soon. Separately, our colleagues in the Netherlands describe how Dutch litigation is leading the way in making both governments and companies accountable for policies resulting in climate damage, and how this litigious trend is defending biodiversity. The case of the Sultan of Sulu and how the passage of time in arbitration agreements might affect the integrity of an arbitration clause is the topic of analysis by our experts in Paris. We also consider the envisaged changes to the 7th edition of the SIAC Rules, a hot off the press analysis of the recently published 2024 IBA Guidelines on Conflict of Interest in International Arbitration, and our 2024 UK Banking Disputes Report, amongst other topics. We hope that you will enjoy reading these articles and please do contact the authors if you have queries in relation to them.
28/03/2024
Warning to all landlords: Perfect or suffer the consequences
Does a landlord have an automatic right of retention/ lien over the movables of the lessee that can be exercised to off-set arrear rental? The Supreme Court of Appeal in the recent case of Ergomode (Pty)...
28/03/2024
Warning to all landlords: Perfect or suffer the consequences
Does a landlord have an automatic right of retention/ lien over the movables of the lessee that can be exercised to off-set arrear rental? The Supreme Court of Appeal in the recent case of Ergomode (Pty)...
25/03/2024
The growing importance of risk management and where ESG fits into the picture
For almost as long as businesses have existed, so has some level of risk management. Risk management encompasses identifying, assessing and controlling financial, legal, strategic and security risks within...
02/10/2023
CMS Expert Guide to Digital Litigation in South Africa
1. Describe the state of digitalisation of the civil justice system in your jurisdiction in general. Prior to the COVID-19 pandemic, the digitalisation of the justice system with South Africa's Office...
Comparable
27/09/2023
African Parks Network rewilding project
CMS South Africa’s closes landmark acquisition as lead legal advisor that created a “last minute lifeline” to 2,000 endangered African rhinos. In recognition of World Rhino Day on 22 September CMS...
07/11/2022
Money Laundering and Crime Syndicates: FICA and POCA
When one reads media headlines relating to money laundering and organized crime, it can strike fear of the unknown in any reader. It should come as no surprise that South Africa has one of the highest...
07/11/2022
Money laundering and crime syndicates: FICA and POCA
When one reads media headlines relating to money laundering and organized crime, it can strike fear of the unknown in any reader. It should come as no surprise that South Africa has one of the highest...
22/08/2022
An analysis of the Constitutional Court ruling in Relebohile Cecilia Rafoneke...
As many already know, on 16 September 2021, a highly contentious matter was brought before the High Court of South Africa, Free State Division, Bloemfontein for an order declaring the provisions of section...
21/07/2022
CMS International Disputes Digest - 2022 Summer Edition
Welcome to the summer edition of the International Disputes Digest, a bi-annual publication that highlights, explores and analyses the latest trends in the global dis­pute-res­ol­u­tion sector. Although the...