Mark Stephens

Practice overview

Mark Stephens specialises in employment and executive disputes, discrimination, restraint of trade and commercial litigation. He is recommended in Tier 3 by The Legal 500 for Employment.

Mark has a leading practice in employment and executive disputes, with a particular focus on complex, high‑value and strategically important litigation. He acts for both claimants and respondents across the full range of employment law, including discrimination, unfair and constructive dismissal, whistleblowing, redundancy, bonus disputes, TUPE, breach of contract, and the enforcement of restrictive covenants and confidentiality obligations.

Known for his excellent interpersonal skills and depth of legal knowledge, Mark acts for both corporate and individual clients across all levels of the judicial system, including the Employment Tribunal, High Court, Court of Appeal and appellate tribunals. He is also experienced in representing clients in mediation and other forms of alternative dispute resolution.

Areas of expertise

• Commercial dispute resolution
  • Commercial litigation

    Commercial litigation

    Mark Stephens has a broad commercial litigation practice, with particular strength in complex, high‑value disputes involving financial institutions, guarantees and indemnities, restrained trade, and claims arising out of banking, lending and insurance relationships. He regularly acts for institutional and commercial clients in litigation raising difficult questions of liability, contractual construction and appellate procedure.

    A significant feature of Mark’s practice is his experience in urgent and strategic interim relief, including injunctions and freezing orders, often in cases involving alleged wrongdoing, fiduciary breaches or the protection of assets pending trial or enforcement. His work frequently involves proceedings at appellate level, where his cases have contributed to authoritative guidance on procedural and substantive points of law.

    Many of Mark’s commercial matters intersect with executive and employment disputes—particularly where contractual, fiduciary or restrictive covenant issues arise. Please see employment tab for more information.

    Recent cases:

    • Smorthit & Others v Dent & Others (2025–2026): Representing multiple defendants in High Court litigation concerning disputed ownership of a well‑known Banksy artwork.
    • Ellis & Ors v John Benson Ltd [2025] EWHC 2096 (KB): Acted as sole counsel in a group action concerning termination and good faith obligations. Raised developing issues at the intersection of employment and commercial law, with significant damages and appellate potential. Read more here.
    • Azhar v All Money Matters t/a TFC Home Loans [2023] EWCA Civ 1341: Successfully represented the Claimant at trial and in the Court of Appeal which provided important guidance on appellate procedure. Supreme Court permission was sought but refused.
  • Employment & executive disputes

    Employment & executive disputes

    Mark Stephens has a leading practice in employment and executive disputes, with a particular focus on complex, high‑value and strategically important litigation. He acts for both claimants and respondents across the full range of employment law, including discrimination, unfair and constructive dismissal, whistleblowing, redundancy, bonus disputes, TUPE, breach of contract, and the enforcement of restrictive covenants and confidentiality obligations.

    Mark is especially well known for his work in group and large‑scale claims, worker status and gig‑economy litigation, and disputes at the intersection of employment and commercial law, including franchise and quasi‑employment relationships. His practice regularly involves appellate work in the EAT, Court of Appeal and beyond, with several of his cases cited as authoritative guidance.

    He also has particular experience advising senior executives and professionals, including surgeons in disputes against NHS trusts, and is frequently instructed in matters raising novel points of law, complex evidential issues, and significant reputational or commercial risk.  He a member of the Employment Lawyers Association.

    Recent cases:

    • Rose v Pimlico Plumbers (2026): Acting as sole counsel at first instance for Pimlico Plumbers in worker status litigation, and being led by David Reade KC in the EAT.
    • Celebrity Speakers Limited v David Daniel and others [2023] EWHC 2158 (KB): Acted as sole counsel for the UK’s leading celebrity agency in restrictive covenant and breach of contract claims. Judgment was given for the Claimant in litigation involving high‑profile talent and attracted national press attention.
    • Kenney v Infor (UK) Ltd (2022): Acted for a senior software executive in constructive dismissal and bonus claims. Following success in the Tribunal, pursued High Court proceedings for unpaid bonus exceeding £350,000, raising complex evidence issues in multinational organisations.
    • Haynes & Others v Leicestershire County Care Ltd (2022): Represented multiple care home operators defending claims arising from COVID‑era contractual changes and alleged TUPE breaches. Claims were dismissed, with guidance on contractual necessity in post‑pandemic contexts.
    • Wee Leong Lum v Bun Chan (2023): Acted for the Claimant in substantial High Court litigation involving misappropriation of funds and breach of fiduciary duty. Obtained freezing relief, pursued contempt proceedings, and secured judgment exceeding £750,000 following complex tracing and enforcement.
    • Singh v Glass Express (Midlands) Ltd (2020): A successful appeal overturning an unfair dismissal remedy decision. The EAT gave authoritative guidance on contributory fault, mitigation and Polkey. The decision is cited in Harvey on Industrial Relations and Employment Law.
    • Smolarek v Tewin Bury Farm Hotel (2020): Represented the Respondents in a multi‑day discrimination and constructive dismissal claim. All claims were dismissed with costs awarded. The EAT upheld the costs order and gave guidance on vexatious claims.
  • Franchising

    Franchising

    Mark Stephens has substantial experience advising and acting in franchising disputes, particularly in complex and high‑value litigation involving termination, post‑termination restrictions and allegations of misrepresentation. He regularly represents both franchisees and franchisors in disputes requiring careful analysis of contractual construction, good faith obligations and enforcement strategy.

    Recent cases:

    • Ellis & Ors v John Benson Ltd [2025] EWHC 2096 (KB): Acted for a large group of franchise‑style contractors in group litigation concerning termination and good faith obligations. Raised developing issues at the intersection of employment and commercial law, with significant damages and appellate potential. Read more here. The case will be heard by the Court of Appeal in December 2026, in which Mark will be led by Jason Galbraith-Marten KC.