Profile: Commercial Disputes
Experience and Expertise
Mark West acted for a number of local authorities in the interest rate swaps litigation arising out of the decision of the House of Lords in Hazell v. Hammersmith & Fulham LBC  2 AC 1 that interest rate swaps were ultra vires local authorities and void.
He has appeared in a number of reported cases in the Commercial Court, the Court of Appeal and the House of Lords.
Cases and Work of Note
- Kleinwort Benson v. Sandwell BC  4 All ER 890 (Hobhouse J) (restitution of monies paid under ultra vires interest rate swap contracts)
- Morgan Grenfell v. Welwyn Hatfield DC; Islington LBC (Third Party)  1 All ER 1 (Hobhouse J) (whether interest rate swap contracts are wagers within the terms of s.18 of the Gaming Act 1845 and/or the Gaming Act 1892)
- Kleinwort Benson v. Birmingham CC  QB 380 (Court of Appeal) (whether passing on is a defence to restitution of monies paid under a void interest rate swap contract)
- Kleinwort Benson v. Lincoln CC, Birmingham CC, Kensington & Chelsea LBC & Southwark LBC  2 AC 349 (House of Lords) (whether money paid under a void interest rate swap contract can be recovered on the ground that it was paid under a mistake of law)
- In 2005 he acted for the Railtrack Private Shareholders Action Group (as junior counsel to Keith Rowley QC) in the action which they brought against Stephen Byers MP and the Department of Transport alleging misfeasance and breach of human rights in putting Railtrack Plc into administration. This case was widely discussed in the legal and national press; the judgments can be found at:
- Weir v. Secretary of State for Transport (No.1)  EWHC 812 (Ch) (Lindsay J) (the Railtrack litigation; costs capping orders)
- Weir v. Secretary of State for Transport (No.2)  EWHC 2192 (Ch) (Lindsay J) (the Railtrack litigation; administration order; misfeasance in public office).
Other Recent/Notable Cases Include:
- Acting in a dispute over substantial professional fees incurred in a major hotel and leisure development in Leicester Square
- Acting for a wine importer and distributor in a dispute over terms of business with a South African wine grower.
- Advising joint liquidators of a number of companies about land bank frauds perpetrated by the former directors and shareholders of allied companies.