Experience and Expertise
Mark appears regularly in the Companies Court and the Bankruptcy Court in insolvency matters. He has particular expertise in directors’ disqualification work, insolvency matters involving unpaid taxes, and public interest winding up petitions.
Cases and Work of Note
- Secretary of State for Business Innovation and Skills v Marley  EWHC 236 (Ch) (High Court case concerning the impact of professional advice on the assessment of the fitness of a director in disqualification proceedings relating to an insolvent company.)
- Nationwide Debt Consultants v Financial Conduct Authority  UKUT 0142 TCC (Significance of record keeping allegations relating to ‘debt solutions’ for consumers facing insolvency in an application to suspend an interim permission pending determination of a reference in a financial services case. Sole Counsel.)
- 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 by the company which faced insolvency. Consideration of the status of assets held by the company. Led by Javan Herberg QC.)
- Maoudis v Financial Conduct Authority (2017) BPIR 1555 (Application to suspend the ceasing of an interim permission of a debt management firm carrying on a business advising on ‘debt solutions’ for consumers facing insolvency.)
- 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.)
- Revenue & Customs v Ben Nevis (Holdings) Ltd & Ors  STC 2157 and  WTLR 1 (In these proceedings a claim was being made for judgment in respect of over £220 million in unpaid South African tax. The Claimants relyied on sections 423-425 of the Insolvency Act 1986 to challenge an alleged transaction to defraud creditors. Led by James Ayliffe QC.)
- Revenue and Customs Commissioners v Harris  STI 3429 (Case concerning the status of an income tax closure notice and VAT assessments in the Bankruptcy Court.)
- Advising and representing HM Revenue and Customs in relation to various insolvency issues arising from the decision of the High Court in Abbey Forwarding Ltd v Hone  EWHC 2029 (Ch).
- Representing the Official Receiver in the Administrative Court in connection with an attempt to judicially review its conduct in connection with a bankrupt estate.
- Appearing in a High Court case concerned with the extent to which debts arising in family proceedings can be relied on in a bankruptcy petition.
- Mark regularly represents the Secretary of State for Business, Innovation and Skills and the Official Receiver in directors’ disqualification claims.
- He also regularly represents the Secretary of State for Business, Innovation and Skills in public interest winding up petitions.