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Mark Mullen

| Call 2001

Profile: Insolvency

Experience and Expertise

Mark Mullen undertakes work in all areas of insolvency law. He advises and represents trustees in bankruptcy, liquidators and corporate and individual clients in insolvency matters.

He regularly acts for the Secretary of State for Business, Innovation and Skills and others in public interest windings up. He has particular experience of directors disqualification cases, including applications for permission to act, and applications for bankruptcy restrictions orders.

He has extensive experience of cases relating to challenges to decisions made at creditors’ meetings, misfeasance claims against directors, the recovery of preferences and transactions at an undervalue or defrauding creditors.

He is a Deputy Registrar of the High Court, sitting both in bankruptcy and in the Companies Court.

Cases

Preston v Green (Liquidator of Cre8atsea Ltd) [2016] EWHC 2522 (Ch). Compulsory winding-up – Credibility – Extensions of time – Locus standi – Relief from sanctions – Rescission – Tax assessments

Secretary of State for Business Innovation and Skills v KJK Investments Ltd [2015] EWHC 1589 (Ch). Winding up – pension release scheme.

Official Receiver v. Lloyd [2015] BPIR 374. Bankruptcy Restrictions Orders – partnership – jurisdiction and proper regime.

Hope v. Ireland [2014] EWHC 3854 (Ch); [2015] BPIR. 344; [2015] BVC. 7; [2014] STI. 3705. Appeal from the decision of the chairman of creditors’ meeting to consider IVA proposals – sums due under VAT assessment – assessment set aside – whether sums under assessment properly admitted – ‘best judgment’ requirement.

Spencer Michael v. Official Receiver [2014] EWCA Civ 1590. Second Appeal – Bankruptcy Restrictions Order – judicial bias – bias by predetermination – proper test.

Harada Ltd v. HM Revenue and Customs [2013] EWHC 4155 (Ch). Application to restrain advertisement of winding-up petition – alleged compromise of debts – whether debt disputed on substantial grounds.

Official Receiver v. Becker and others [2013] BPIR 352. Bankruptcy – annulment – Centre of Main Interests for the purposes of the EC Regulation – ‘forum shopping’.

Official Receiver v. Cooksey [2013] BPIR 526. Bankruptcy – suspension of discharge – jurisdiction to vary order granting a certificate of discharge.

Re OTC Network Limited [2011] All ER (D) 151 (Jan). Financial services – misrepresentation – public interest winding up – false and misleading statements and carrying out unauthorised regulated financial activity.

Secretary of State for Business, Innovation and Skills v. Lakewest Associates Ltd [2011] BCC 368. Compulsory winding-up – Private companies – Public interest.

Dean v. Stout [2006] 1 FLR 725. Insolvency – husband and wife – exceptional circumstances – s. 335A(3) Insolvency Act 1986.

Publications

Contributor to Insolvency Litigation: A Practical Guide, Sweet & Maxwell (2016) (Chapter 2: An Introduction to Court Procedure and Practice).

Contributor to Tolley’s Insolvency LawLexisNexis (Looseleaf) (Chapter on Bankruptcy and Litigation).

 

Mark Mullen
“Admired for furnishing clear and practical advice.”

Chambers UK