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A leading set specialising in commercial, construction, insurance and property law

Introduction

Mark is a specialist ‘go to’ commercial practitioner acting for both claimants and defendants.

Noted for his excellent interpersonal skills and for acting in his clients best interests, he regularly undertakes both commercial and employment matters and has frequently appeared in the High Court, Court of Appeal and Employment Appeals Tribunal.

He has particular experience in care home matters, TUPE disputes and group actions.

Mark has experience within insurance and recently instructed in matters concerning the enforcement of insurance contracts and liability claims.

Mark has acted both for and against institutional clients within the banking sector.

Key areas of practice

B2B disputes
Actions upon guarantees and indemnities
Partnership disputes
Injunctions and freezing injunctions
Restraint of trade

His extensive employment practice includes unfair dismissal, discrimination, whistleblowing, redundancy and breach of contract and restrictive covenants involving breach of confidence.

Mark has advised and represented a number of surgeons in employment disputes against NHS trusts.

Recent High Court Cases

Team 2 Clean Ltd v Maftei [2014] EWHC 2645 (QB) Acting for the claimant in a franchise case involving the grant of an injunction for the alleged breach of a non-solicitation agreement.

Josa v White Water Recovery Ltd & Anor [2013] EWHC 4755 (QB) Acting for the claimant Mark successfully defended against an application to bring proceedings against a third party for a loan agreement involving the salvage of aircraft.

National Westminster Bank Plc v Lotay & Anor [2012] EWHC 1436 (QB) Mark acted for the defendant in a guarantees for a bank loan case and whether there was joint and several liability.

Notable Court of Appeal Cases

Davey & Another v Lombard Asset Management [2006] ALL ER (D) 134 The case involved the sale and delay in completion of a property due to the failure of the purchaser to register for VAT purposes.

Davis & Another v Richard Reed (Transport) Limited [2006] ALL ER (D) 58 The case involved the appropriate method of calculating bonus payments under a contract of employment.

Fagan v Jeffers [2005] ALL ER (D) 146 The case involved a road traffic collision where both parties failed to exercise due care and consideration as well as an analysis of the apportionment of damages.

Employment Appeal Tribunal

Singh v Singh Trustee Representative on behalf of the Guru Nanak Gurdwara West Bromwich UKEAT/0158/16/BA

Singh v Asian Care EAT 2014

Parker v SSAB Swedish Steel EAT/0170/12/SM

Jones v Collegiate Academy Trust EAT/0011/SM Mark acted for the respondent in a case where it was determined that the Employment Tribunal had correctly directed itself as to a breach of implied term of trust and confidence. Further, it was entitled to conclude that the Claimant had not been constructively dismissed.

Beckett v Financial Trade Partnership Limited EAT 2009