Profile: Commercial Disputes
Experience and Expertise
Mark appears in a range of commercial disputes, often with a financial services or tax element to them.
Cases and Work of Note
- Nationwide Debt Consultants v Financial Conduct Authority  UKUT 0142 TCC (Significance of record keeping allegations in an application to suspend an interim permission pending determination of a reference in a financial services case.)
- Acting for a global bank in a test case concerning interest rate variations on a mortgage pool in 2017.
- Maoudis v Financial Conduct Authority (2017) BPIR 1555 (Application to suspend the ceasing of an interim permission of a debt management firm pending determination of the firm’s reference.)
- Koksal v Financial Conduct Authority (2016) CTLC 201 and (2017) BPIR 1517 (Tribunal reference challenging a decision refusing to authorise a credit broker. The first consideration by the Tribunal in an authorisation case of its revised jurisdiction under the Financial Services Act 2013.)
- PDHL Ltd v Financial Conduct Authority (2017) BPIR 1623 (Application to suspend the ceasing of an interim permission of a consumer credit firm pending a book sale. Led by Javan Herberg QC.)
- Revenue & Customs v Smart  BPIR 1329 (Operation of the EU mutual assistance directive in the context of a bankruptcy petition. Clarifies whether the court can review the foreign claim on public policy grounds.)
- Advising a major banking group on aspects of the legislation ring fencing retail and investment banking.
- Revenue & Customs v Ben Nevis (Holdings) Ltd & Ors  STC 2157 and  WTLR 1 (In this case a claim was made for judgment in respect of over £220 million in unpaid South African tax from two offshore companies. Led by James Ayliffe QC.)
- Advising in relation to litigation in the High Court of Singapore concerning the operation of dual currency swaps entered into by two high net worth individuals.
- Revenue and Customs Commissioners v Ali  EWHC 880 (Ch) (Authority in which it was determined that HMRC has sufficient right to support a freezing order where income tax assessments have been issued, but the obligation to pay tax sought under the assessments has not yet crystallised. Led by David Chivers QC.)
- Advising and representing HM Revenue and Customs in relation to various commercial issues arising from the decision of the High Court in Abbey Forwarding Ltd v Hone  EWHC 2029 (Ch).