Business details

  • VAT number: 626927022

Overview

Mark practices in the areas of insolvency, company, banking and private international law. He is the author of “Watson-Gandy on Accountants“, “Corporate Insolvency Practice” and “Personal Insolvency Practice“. He is one of the Editors of the Butterworths Corporate Law Service.

He is a Visiting Professor at the University of Westminster.

His Holiness Pope Benedict knighted him in recognition of “his work as a barrister and law professor for the Catholic Church” in 2007 (Knight of the Order of St Gregory of the Great).

Mark is also a member of the Bars of the Eastern Caribbean (BVI) and DIFC (Dubai).

Cases of interest

  • Seneschall v Trisant Foods [2023] EWHC 109 (unfair prejudice).
  • Khan v Sing-Sall [2022] Bus LR 1045 (discretion to annul bankruptcy).
  • Mshila v Pontes [2021] EWHC 3756 (striking out of a just and equitable petition).
  • Focal Image Ltd v Al-Jaber [2021] Represented the Sheikh on summary judgement applications over a £4 million loan.
  • Cambridge Analytica [2019] 2 B.C.L.C. 664, [2019] B.P.I.R. 833, [2018-19] Counsel for the administrators in the Cambridge Analytica / SCL administrations.
  • Stanford International Bank [2020] 1 B.C.L.C. 446 [2015-2019] (Admitted pro tem as an attorney-at-law at the Antigua and Barbuda Bar to appear as leading counsel) representing the court appointed amicus curiae on first instance and on the liquidator’s appeals to the Eastern Caribbean Court of Appeal and to the Privy Council on a $1.3 billion recoupment claim over the 2nd largest Ponzi scheme ever.
  • Fairfield Sentry [2018] Appeared as counsel for the amicus curiae on this case over proposed allocations by the liquidator between the Bernie Madoff investment funds.
  • Natrass v UKIP [2013] Represented the United Kingdom Independence Party (UKIP) in over the fairness of their election process after the de-selection of their former Deputy Leader, Mike Nattrass as a MEP candidate.
  • Ticketus v Whyte [2013] Represented Craig Whyte in the £27 million claim brought by Ticketus in relation to the financing of his acquisition of Rangers Football Club.
  • McGuinness v Feely [2012] bankruptcy forum shopping claim.
  • Schofield v Schofield [2011] 2 BCLC 319 Court of Appeal decision on the Duomatic principle.
  • Kaupthing Capital Partners [2010] All ER (D) 191 validity of the administration of the investment fund of Iceland’s largest Bank.
  • Re: Marrache [2010] specially admitted to the Gibraltar Bar to appear as leading counsel in this high profile bankruptcy case before the Gibraltar Court of Appeal
  • Papal Visit [2010] – Counsel for the Bishops’ Conference on the Papal Visit.
  • R (Singh) v HMRC [2010] All ER (D) 39, [2010] UKUT 174 (TCC); [2010] B.T.C. 1548; [2010] S.T.I. 1723 Acted for Her Majesty’s Revenue and Customs on this case on the effect of bankruptcy on a tax judicial review.
  • Watersheds v DaCosta [2009] 2 BCLC 515 financial services and the recoverability of corporate finance finders fees.
  • Tamil Nadu Electricity Board v ST-CMS (2008) Lloyds Rep 93 jurisdictional dispute over a £170m power station in India. Led by Steven Gee QC.
  • Feetum v Levy (2006) The Times, 2nd January: bar on administrative receivers under Enterprise Act 2002; £50m project finance exception. Led by John McDonnell QC.
  • Dubai Financial Services Authority – Assisted in the drafting of new regulations governing the profession of auditor in Dubai.
  • Society of Lloyd’s v Levy [2004] All ER (D) 1860 (Comm): Lloyd’s Names challenge to premium claims under the Audit Directive.
  • R (on the application of Barnett) v Inland Revenue Commissioners [2003] All ER (D) 429, [2003] SWTI 1875 judicial review over the powers of the general commissioners on tax appeals.
  • DTI v Daniel (2002) The Times 8th April, (2002) All ER (D) 354, (2002) Law Society Gazette 16th May, 31, (2002) 146 SJLB 93: acted for DTI both at first instance and before the Court of Appeal in this human rights test case on the reverse burden of proof in bankruptcy prosecutions. Led on appeal by James Eadie.
  • Berlusconi v The Economist: advised Silvio Berlusconi in his claim for libel against the Economist over allegations that he was unfit to be President of Italy.

Qualifications & appointments

  • 2023 – British Virgin Islands Government Legal Services Panel Counsel.
  • 2021 – Abu Dhabi Global Market Arbitration Centre – Panel of Arbitrators.
  • 2019 – Present – Great Legal Services Champion, Ministry of Justice.
  • 2019 – Present: Chair – Home Office Biometrics and Forensic Ethics Group.
  • 2018 – Present – Visiting Professor – Université de Lorraine.
  • 2003 – 2006: A List, Prosecuting Counsel to the Crown (B List 2002).
  • 2000 – 2012: Junior Counsel to the Crown (Civil) – reappointed 2003, 2005 & 2007.
  • 1999 – 2002: Prosecuting Counsel, Department of Trade & Industry.
  • 2016 – Present: Chairman – Disciplinary Appeals Committee, Institute of Financial Accountants
  • 2015 – Present: Member of Court, University of Essex
  • 2007 – Present: Special Lecturer, Cass Business School, City University
  • 1999 – Present: Visiting Professor, University of Westminster
  • 1999 – Present: Honorary President – London Arbitration Centre

Memberships

  • Association of Business Recovery Professionals (“R3”), Fellow (FBRPA)
  • Insolvency Lawyers Association, Member
  • Chancery Bar Association, Member

Publications

  • Simple Contract Law: A brief introduction to English Contract Law – KDP, 2020
  • Watson-Gandy on Personal Insolvency Practice: Litigation Procedure & Precedents – Wildy’s Legal Publishing – 3rd edition, 2023
  • Watson-Gandy on Corporate Insolvency Practice: Litigation Procedure & Precedents – Wildy’s Legal Publishing – 2nd edition, 2017
  • International Trends of Criminal Compliance, Professors Tai & Tageguchi, Shinyama-Sha, Japan, 2015, (UK Contributor)
  • Tolley’s Company Secretary’s Review – Corporate Precedents: Directors, Lexis Nexis 2013
  • Butterworths Corporate Law Service, Lexis Nexis (Company Law: co-editor since 2008)
  • Watson-Gandy on Accountants – Law, Practice and Procedure, 1st Edition, Barry Rose Law Publishers – 2000, 2nd Edition Hammicks Legal Publishing – 2008
  • Tax Advocacy, ICAEW Tax Digest – 2000
  • Thomson Tax Guide (tax encyclopaedia – co-editor – 1998, Avoidance, Evasion and Tax Investigations)
  • Beyond the Peradventure, Barry Rose Law Publishers – 1991