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 sits as a Deputy Insolvency and Companies Court Judge.
Hope v Revenue and Customs Commissioners  EWHC 812 (Ch). Bankruptcy petitions – individual voluntary arrangement – setting aside judgment for fraud – estoppel – HMRC’s duty of care towards taxpayer under statute and at common law in assessing tax – misfeasance in public office.
Preston v Green (Liquidator of Cre8atsea Ltd)  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  EWHC 1589 (Ch). Winding up – pension release scheme.
Re Sharp Business Development Limited  EWHC 4272 (Ch). Creditors’ meeting to appoint liquidators – whether debt due under an assessment to tax, recovery of which had been postponed, should be admitted in full for voting purposes.
Official Receiver v. Lloyd  BPIR 374. Bankruptcy Restrictions Orders – partnership – jurisdiction and proper regime.
Hope v. Ireland  EWHC 3854 (Ch);  BPIR. 344;  BVC. 7;  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  EWCA Civ 1590. Second Appeal – Bankruptcy Restrictions Order – judicial bias – bias by predetermination – proper test.
Harada Ltd v. HM Revenue and Customs  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  BPIR 352. Bankruptcy – annulment – Centre of Main Interests for the purposes of the EC Regulation – ‘forum shopping’.
Official Receiver v. Cooksey  BPIR 526. Bankruptcy – suspension of discharge – jurisdiction to vary order granting a certificate of discharge.
Re OTC Network Limited  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  BCC 368. Compulsory winding-up – Private companies – Public interest.
Dean v. Stout  1 FLR 725. Insolvency – husband and wife – exceptional circumstances – s. 335A(3) Insolvency Act 1986.
Contributor to Gore-Browne on Companies, LexisNexis (Looseleaf) (Chapter on Voluntary Liquidation).
Contributor to Tolley’s Insolvency Law, LexisNexis (Looseleaf) (Chapter on Bankruptcy and Litigation).
Contributor to Insolvency Litigation: A Practical Guide, Sweet & Maxwell (2016) (Chapter 2: An Introduction to Court Procedure and Practice).