Practice overview
Mark is instructed to act on a wide range of contentious and advisory matters including in the following areas: commercial litigation, construction, insolvency and professional negligence. There is often a property related dimension to much of Mark’s work.
Clients value Mark’s approachability, as well as his impressive advocacy and cross examination skills.
Before coming to the Bar, Mark had a successful career in corporate finance, which included working as an analyst for JP Morgan in its UK Mergers and Acquisitions team. As a result, Mark brings an astute commercial approach to his work.
Outside work, Mark is keen on cycling, cooking and travelling.
Areas of expertise
- Commercial dispute resolution
- Commercial litigation
Commercial litigation
Mark handles a wide range of commercial disputes. These have included:
- A £1 billion+ DIFC-LCIA arbitration. Acting for the company in an unfair prejudice claim concerning control of a £multi-billion food delivery/technology company in Saudi Arabia. Assisted leading counsel as a junior over several months.
- Representing the successful Defendant in a two-day multi-track case. The matter concerned a commercial dispute between two catering businesses.
- Barbara Marczak v Amarjit Singh-Mann (Central London County Court, claim no. D95YJ841) — Mark successfully represented the Claimant in a five-day multi-track case concerning disputed personal loans made to the Defendant totalling £110,000. The Claimant was awarded costs on the indemnity basis.
- Companies, joint ventures & partnerships
Companies, joint ventures & partnerships
Mark has particular expertise in company law related matters, providing both advisory work and advocacy. He also handles cases involving joint venture and partnership disputes.
Recent work:
- Kerai v Pindoria (Central London County Court, Claim no. G10CL162) — Successfully represented the Defendants in what was scheduled to be a four-day partnership dispute before HHJ Parfitt. The case settled on the first day of trial.
- Instructed by Jersey solicitors in a significant disclosure review exercise in relation to an ex-parte disclosure application made a family member (and shareholder) in the context of £multi-billion family shareholder dispute.
- Instructed in relation to a £multi-million property partnership dispute, in relation to a residential property portfolio.
- Advised shareholders of a leasehold management company which was set up to manage a block of 22 flats above commercial premises. The freeholder of the block was a multi-national pub management company. Mark advised the leaseholders (and then later, the company) to effect the removal of the two directors on the basis of them having failed to exercise reasonable care and skill, by causing significant wasted expense.
- Commercial litigation
- Property
- Commercial landlord & tenant
Commercial landlord & tenant
Mark has considerable experience in commercial property litigation, which has included:
- Advising commercial landlords in respect of a range of different forfeiture proceedings.
- Breach of user covenants.
- Renewals under the 1954 Act.
- Liability of guarantors.
- Determination of commercial leases.
- Real property & mortgages
Real property & mortgages
Mark has a varied real property practice. Recent work has included:
- Paricha v Pasricha [2021] Costs L.R. 403 — appeared for the Appellant before Marcus Smith J, where the court considered an appeal against an order for “no order as to costs” following an abortive trial where CPR 3.14 applied (concerning the automatic costs consequences of a party failing to file a costs budget). Mark’s arguments on appeal concerning the law were successful.
- In relation to disclaimed leasehold property, acting for a major high street bank to obtain a vesting order under s.320 Insolvency Act 1986.
- Advising on breach of user covenants and rights of way disputes.
- Trusts of land and co-ownership disputes. Mark has extensive trial advocacy experience concerning TOLATA disputes.
- Nuisance/neighbour disputes.
- Charging order applications.
- Applications for orders for sale, both for and against banks.
- Commercial landlord & tenant
- Construction & engineering
Construction & engineering
Mark handles a variety of construction related disputes including adjudications, Party Wall Act disputes, claims under the Defective Premises Act 1972 and contractual disputes in relation to the construction of new homes, shopping centres and other infrastructure projects.
Recent work:
- Orbell v Taylor Wimpey (UK) Ltd (HT-2022-BRS-000002) — Acting for the homeowner claimants in relation to a significant six-figure claim against Taylor Wimpey in connection with allegations of defective construction of their five-bedroom family home in Truro. The outer leaf of the house was built from stone from Lantoom Quarry, which has been the subject of recent litigation in the High Court (see BDW Trading Ltd v Lantoom Ltd [2023] EWHC 183 (TCC)). The case settled the day before the two-day trial of the action.
- Acting for a main electrical contractor against in a claim against a specialist fire alarm sub-contractor, concerning allegations of breach of contract and negligence in work undertaken in the fitting out of a major UK shopping centre.
- In adjudication proceedings, acting for a specialist water proofing contractor in relation to allegations of negligence concerning the construction of a basement in a high value London home.
- Representing a claimant in proceedings concerning defective refurbishment of residential premises. The claim successfully settled pre-trial.
- Acting for a claimant against a local developer in relation to failures to provide an electricity supply to a new build home.
- Mark often acts for both referring and responding parties, in relation to payless notice disputes (“smash and grab” adjudications).
- Presently instructed as sole counsel by the Defendant contractor in a significant claim brought against it by a developer. The case concerns alleged defective construction works undertaken at a large complex of student accommodation. The Defendant is cross-claiming for unpaid invoices in relation to the same work.
- Personal insolvency
Personal insolvency
Mark has experience in a wide range of insolvency related matters, particularly where there are property assets involved. He regularly appears at winding-up and bankruptcy petitions on behalf of both petitioning creditors and debtors.
Recent work:
- Providing advice to a private school in connection with various debtors, including drafting statutory demands and, subsequently, bankruptcy petitions.
- Advising on the merits of restoration and winding-up petitions, and in respect of applications to rectify the Companies House register.
Professional associations
- Association of Business Recovery Professionals (R3)
- Commercial Bar Association
- Property Bar Association
- Technology & Construction Bar Association
Qualifications
- BPTC (Very Competent), BPP London 2016
- GDL (Commendation), BPP London 2015
- MRes War Studies (Distinction), King’s College London 2010
- MA Intelligence & International Security (Distinction), King’s College London 2009
- BA (Hons) Politics (First Class), Durham 2006
Scholarships
- Lord Denning Scholarship (Lincoln’s Inn)
- Hardwicke Entrance Award (Lincoln’s Inn)
- Wolfson Scholarship (Lincoln’s Inn)
