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Overview

Mark was born and brought up in Nottingham and attended a local comprehensive school.  He read for his law degree at the University of Glamorgan where he graduated with first class honours.  He then studied at the University of Nottingham where he obtained a Masters’ degree in International Commercial Law, graduating with distinction.

During the time spent at the University of Nottingham, Mark was one of a team of two which represented the University at the Willem C Vis International Commercial Arbitration Moot competing against twenty two universities from eighteen countries.  The University of Nottingham team was placed second with Mark being recognised as one of the competition’s ten best advocates.

Mark is a specialist in personal injury, commercial, property and chancery, counter fraud and public sector matters.

He regularly delivers lectures and talks to solicitors and other interested parties on topical legal subjects.  Recent subjects dealt with include forfeiture and relief and the tactical use of proceedings for negative declaratory relief in road traffic cases.

He is registered with the Bar Council to undertake Public Access work and is able to receive instructions directly from lay clients, as well as those on the traditional professional client basis.

Away from his practice at the Bar, Mark enjoys reading and playing squash and badminton.  He remains determined to obtain his private pilot’s licence notwithstanding an extremely long (and continuing) period of training.

Personal Injury

Mark has had a lively personal injury practice from the beginning of his career at the Bar, representing Claimants and Defendants in all manner of cases from employers liability to road traffic collisions.

More recently his personal injury practice has focused on cases with an international element.

Counter Fraud

The largest part of Mark’s personal injury practice is the defence of alleged fraudulent claims.

Much of his work relates to road traffic collisions and he has extensive experience of dealing with all manner of frauds including:

  • Staged collisions (full and partial)
  • Stooge vehicle collisions
  • Slam on collisions
  • Low velocity impact defences

Leading on from his road traffic fraud practice, he has also developed a practice acting in employers’ liability cases where there is an element of fraud involved, either staged accidents or exaggerating the level of injury.

He also has experience of defending other types of fraudulent claim, including:

  • Travel
  • Household
  • Fire
  • Animals

Mark is able to bring to bear detailed fact management as well as an ability always to keep the correct legal analysis of the case firmly at the forefront of preparation.  Finally, most crucially, certainly at trial, Mark has a comprehensive knowledge of the law of evidence.

Commercial

Mark regularly conducts trials and carries out advisory work in all types of commercial disputes, including:

  • General and commercial contract
  • Sale of Goods
  • Undue influence
  • Misrepresentation
  • Personal and company insolvency
  • Professional negligence

Property and Chancery

Mark undertakes all manner of contentious and non-contentious property work, including:

  • Landlord and tenant
  • Commercial leases
  • Dilapidations
  • Enfranchisement
  • Breach of statutory duty
  • Forfeiture
  • Unfair contract terms
  • Property damage
  • Nuisance
  • Construction
  • Wills
  • Inheritance (Provision for Family and Dependents) Act 1975 claims
  • Joint bank accounts
  • Trusts

Mark is frequently instructed in professional negligence claims concerning property-related professionals including surveys and lawyers.

Housing

Mark advises and represents tenants, Local Authorities and Housing Associations across a broad range of housing work:

  • Possession, demotion, licensing and management under the Housing Acts
  • Disrepair
  • Unlawful eviction
  • Anti-social behaviour and neighbour nuisance
  • Right to buy
  • Statutory nuisance
  • Licensing and management under the Housing Act 2004

Mark has represented both tenants and Local Authorities in appeals against allocation decisions around homelessness.

Public Sector and Not For Profit

Mark has conducted prosecutions for local authorities in the areas of planning and benefit fraud both in the Magistrates and Crown Courts.

He provides advice and representation in the area of licensing in particular Hackney Carriage and Private Hire vehicle licensing and liquor licensing.

Notable Cases

Forcelux Ltd. v Binnie [2010] HLR 20 (case concerning the correct meaning of the word “trial” in Part 39.3 of the CPR and whether the first hearing of a possession claim is a trial so as to limit the Court’s powers to set aside an order made at that hearing.  The case also dealt with the correct interpretation of a covenant in the lease requiring the tenant to pay the landlord’s costs of forfeiture proceedings on the indemnity basis)

BSS Group plc v Makers UK Ltd. [2011] EWCA Civ 809 (case concerning a dispute about the sale of goods.  In particular whether the purpose for which the goods were to be used had been communicated to the seller)

Long v Tolchard & Sons Ltd. [2001] PIQR P2 (second junior counsel in a case where the Defendant successfully applied for permission to appeal a decision on limitation out of time and relying principally on evidence given by the Claimant at the quantum trial which had a bearing on his date of knowledge)

Areas of Work

  • Personal Injury
  • Counter Fraud
  • Commercial
  • Property and Chancery
  • Housing
  • Public Sector and Not For Profit

Professional Memberships

  • Personal Injuries Bar Association
  • Professional Negligence Bar Association

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