Mark Cawson QC

Call 1982 Silk 2001

Mark is recognised as a leading QC in Legal 500 and as a Band 1 (North) QC in the Chambers and Partners UK Bar Guide 2016 in the fields of Commercial Dispute Resolution, Chancery, Insolvency/Restructuring, Partnership and Professional Negligence.

His practice extends principally to:

  • Corporate and personal insolvency work
  • Company and partnership litigation and disputes
  • General commercial litigation
  • Solicitors’ and other professional negligence work
  • Commercial fraud
  • Commercial property disputes

Mark’s clients include government departments, local authorities, banks, office holders, Plcs, SMEs/SMBs, and private clients.

Mark sits as a Deputy High Court Judge and a Recorder, and he is an accredited mediator.

  • What the directories say
    • Restructuring/Insolvency:
      A vastly experienced insolvency practitioner. He has a broad practice, and is regularly instructed in matters pertaining to transaction avoidance, directors' disqualification, company voluntary arrangements and professional negligence claims.
      Expertise: "He is personable, knowledgeable and committed." "He is a quiet thinker with a formidable legal mind who is extremely easy to deal with." "He demonstrates every key attribute required of an effective QC and he never fails to impress clients."
      Chambers & Partners UK 2016
    • Professional Negligence
      Has a wide-ranging practice and considerable experience of handling claims relating to insolvency and property law as well as conveyancing issues. He predominantly focuses on both pursuing and defending claims against solicitors.
      Expertise: "He's approachable, calm, constructive and helpful. Excellent with the client, he has good empathy, and is quite pragmatic in his advice."
      Chambers & Partners UK 2016
    • Commercial Dispute Resolution
      A leading commercial silk with highly regarded expertise in a broad spectrum of commercial disputes, who acts for significant public sector clients and private companies. Among his recent instructions have been high-value deceit claims.
      Expertise: "I have been thoroughly impressed by his attitude, his paperwork and his quick and easy grasp of a detailed case." "Always very well prepared, he never dodges a difficult question and is always willing to give the client as much time as they need."
      Chambers & Partners UK 2016
    • Chancery
      An exceptional silk with a strong reputation in commercial dispute resolution and insolvency restructuring. He has long-standing experience in fraud, partnership disputes and professional negligence claims.
      Expertise: "He is just brilliant; steady, bright and a really safe pair of hands."
      Chambers & Partners UK 2016
    • Commercial, banking and Insolvency (North)
      "Vast experience, sensible and commercial"
      Legal 500 UK 2015
  • Cases of interest
    • Porter Capital v Masters [2016] EWCA Civ 5: Appeal relating to construction of factoring agreement governed by law of Connecticut
    • Re CC Automotive Group Limited, (2015): Advised the joint administrators in respect of a number of issues arising in the “Carcraft” administration
    • Mellor v Partridge, (2014-2015): Acting in defence of £15m+ deceit claim brought by former cabinet minister against proprietor of fine arts business
    • Re McNally, McNally v Dymond and National Westminster Bank [2013] BPIR 604 (HHJ Purle QC): Acting for bank on issue as to valuation of security for purposes of voting on an IVA
    • Consolidated Finance v Collins [2013] BPIR 543 (CA): Application of Consumer Credit Act 1974 to credit agreement funding annulment from bankruptcy
    • Montpelier Estates Ltd v Leeds City Council [2013] EWHC 166 (QB): Acting as lead Silk for Leeds City Council in successful defence of £34.5m claim in deceit and under the Public Contracts Regulations 2006
    • Amble Assets LLP v Longbenton Foods [2012] 1 All ER (Comm) 764: Acting for joint administrators on application concerning the entitlement of the joint administrators to forfeit a deposit paid under a contract for the sale of land
    • Howarth v (1) Cartmel (2) HMRC [2012] BPIR 428: Acting for trustee in bankruptcy on application by bankrupt to annul on grounds of lack of mental capacity
    • RBS v Chandra [2010] 1 Lloyd’s Rep 677 (Richards J), [2011] EWCA Civ 192 (Court of Appeal): Successful enforcement of guarantees on behalf of bank notwithstanding defence of undue influence by wife
    • Accident Group Limited, (2003 – 2011): Acting for the joint administrators, and subsequently the joint liquidators The Accident Group Limited in respect of claims against former directors and others, and various applications for directions

     

  • Notable reported decisions as a Deputy High Court Judge
    • Fryatt v Preston Mellor Harrison [2015] EWHC 1683 (Ch): Professional negligence claim against Solicitors (London)
    • Petrocapital Resources Plc v Morrison & Foerster (UK) LLP [2013] EWHC 2682 (Ch): Professional negligence claim against Solicitors raising company law issues (London)
    • Fons HF v Corporal Ltd [2013] EWHC 1801 (Ch): Interpretation of legal charge raising question as to meaning of,“debentures or other securities” (Manchester)
    • Schomberg v Randall and Taylor [2013] WTLR 1413: Finding that will executed as a result of undue influence (London)
    • Green v Eadie [2012] Ch 363: Decision as to the limitation period applicable in respect of a claim under S. 2(1) of the Misrepresentation Act 1967 (London)
    • Re Rajit Singh, Ahluwalia v Singh [2012] WTLR 1: Decision as to whether will had been duly attested and application of presumption of due execution (London)
    • Aviva Life and Pensions UK Ltd v Kestrel Properties Ltd [2011] EWHC 3934 (Ch): Decision as to effect of expert determination clause relating to overage provisions in contract for sale of land (London)
    • Re Oxford Pharmaceuticals Ltd; Wilson v Masters International Ltd [2009] 2 BCLC 485: Claim relating to preference and misfeasance, and the availability of remedies against third parties (London)
    • Flegg Transport Ltd v Brinor International (Lawtel 06/01/10): Application to strike out carriage of goods by road (CMR) claim (Mercantile, Manchester)
    • Re Paycheck Services 3 Ltd; HMRC v Holland [2008] 2 BCLC 613: Claim relating to misfeasance, and unlawful dividends paid on basis of unsuccessful tax planning scheme (London)
    • Lomax Leisure Limited v. Miller [2008] 1 BCLC 262: Application concerning a liquidator’s duties in respect of the payment of dividends to creditors (London) 
  • Qualifications & appointments
    • Deputy High Court Judge
    • Recorder
    • Bencher of Lincoln’s Inn
    • Accredited Mediator (ADR Group)
    • Chairman – Northern Chancery Bar Association
  • Memberships
    • Chancery Bar Association
    • Insolvency Lawyers’ Association
    • The Association of Business Recovery Professionals (R3)
    • Professional Negligence Bar Association
    • Northern Chancery Bar Association
    • Northern Circuit Commercial Bar Association
  • Education
    • Wrekin College, Shropshire,
    • University of Liverpool, LLB
    • Inns of Court Law School, Bar Finals
    • Hardwicke Entrance Scholarship, and Wolfson Pre-Pupillage Scholarship, Lincoln’s Inn
    • Accredited Mediator (ADR Group)
  • Personal interests

    Outside work, Mark enjoys travel, the Cumbrian countryside, watching Sale Sharks and Liverpool FC, and playing the occasional round of golf.  He enjoys reading, armchair politics and theology, and taking an active part in his local Church and Church affairs.

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