Mark is a senior associate in the commercial litigation team.
Mark advises on a broad range of disputes involving individuals, charities and businesses across a large number of business sectors, including construction, property development, IT, sports, events, hospitality, retail, medical and other legal professionals.
Mark is recognised for his technical expertise and proactive and detailed approach to managing and resolving disputes.
Mark joined Russell-Cooke as a trainee in 2009 and qualified as a solicitor in 2011.
Residential and commercial construction disputes
Mark acts for employers, contractors and subcontractors on a wide range of construction disputes, including for referring and responding parties in adjudications and in arbitrations and proceedings in the Technology and Construction Court (TCC). Mark regularly acts on payment disputes, disputes relating to patent and latent defects, final account disputes, repudiation claims and professional negligence claims arising from construction projects. Specific examples are set out below.
- Acted in disputes about the formation of construction contracts. This includes successfully defending the claim in Berkeley Square Investments Limited v Ian Block  EWHC 1253 (TCC) for a declaration that the defendant was a contracting party to a construction contract and responding to a claim for £1 million that was based on a subcontractor entering into a binding contract with a main contractor.
- Acted in adjudications and related enforcement proceedings based on the operation of the default payment regime for construction contracts. This includes successfully defending a claim for over £1.2 million on the basis that the contractor had failed to serve a valid interim payment notice and so the employer was not under an obligation to serve a pay less notice.
- Acted for employers and contractors in claims arising from substantial residential new-build, renovation, refurbishment and basement projects with values in excess of £2 million. This includes disputes concerning the application of consumer protection legislation to a residential construction contract, the abandonment of the project by the builder and disputes about the quality of the works.
- Acted in quasi-tribunal insurance proceedings in a claim of £2 million following from the destruction of a pool house in the grounds of a Grade II listed property.
- Acted alongside the construction, real estate, regulatory, insolvency and construction teams to advise the developer of a multi-unit residential site following the insolvency of the main contractor. This included ensuring the orderly termination of the existing contract, dealing with subcontractors and third parties, responding to retention of title claims and assisting the developer with their claim under the contractor's performance bond and in completing the works.
Commercial corporate disputes
Mark acts for claimants and defendants in disputes between company directors and/or shareholders, residents' management company disputes, disputes between partners of professional practices and claims for breach of duty and unfair prejudice. Specific examples are set out below.
- Acted for a firm of solicitors in a dispute following the expulsion of a member from a limited liability partnership. The case involved issues about the removal of confidential and sensitive information.
- Acted alongside the corporate and real estate disputes teams to resolve disputes between the members of residents' management companies about share rights, claims for unfair prejudice and about alleged financial impropriety and mismanagement.
- Acted for a shareholder of a quasi-partnership family business with a value of £18 million about his exclusion from the management of the company and the purchase of his shares.
- Acted for one of the partners in a dental practice in various disputes relating to compliance with the partnership agreement and the parties' respective financial entitlements following the sale of the business.
Mark acts for claimants and defendants in claims involving the misappropriation of property, contractual and quasi-contractual claims, misrepresentation claims, contested debt claims, disputes relating to banking facilities and guarantees, costs recovery and insolvency enforcement measures. Specific examples are set out below.
- Acted for a ticket provider for sporting events in a breach of contract claim arising from the failure to supply match tickets for the European Football Championships. The case also included a successful claim for a third party costs order against the parent company responsible for funding and conducting the defence of the litigation.
- Acted for a property developer in proceedings in the Commercial Court against one of the major banks for consequential losses of £2.8 million following the mis-sale of interest rate hedging products and the loss of the opportunity to further develop the site. The case settled at mediation.
- Acted for a property developer in proceedings in the Commercial Court against a large lender following its unilateral decision to vary the basis on which it would calculate the applicable interest rates to a lending facility of over £10 million. The case settled at mediation.
- Acted for an investor in proceedings in the Chancery Division based on misrepresentations concerning the terms of a joint venture agreement.
- Law, Warwick University
- LLM with Merit, University College London
- Distinction for Legal Practice Course, The College of Law London