Mark is a Partner in the Restructuring & Insolvency team.
Experienced in contentious and non-contentious insolvency matters and on business restructuring to avoid insolvency. This includes advice on pre-insolvency options for creditors and debtors, risk mitigation strategies for asset-based lenders and private equity investors, the use of company voluntary arrangements, company administrations and liquidations, breach of duty and misfeasance claims against directors, antecedent transactions and the recovery of company assets and personal bankruptcies.
Mark also provides advice on the reuse of prohibited name provisions in the Insolvency Act.
Among the insolvency practitioners he acts for are FRP Advisory, Mazars, Moore Kingston Smith, Begbies Traynor and Wilson Field. Mark also acts for companies, directors, shareholders, private individuals, lenders and creditors.
Recent examples of how Mark has supported clients include:
- overturning a bankruptcy order on behalf of a tax advisor by establishing that the English courts had no jurisdiction because the petitioning bank had not satisfied the centre of main interest test under the Insolvency Act (Masters v Barclays Bank Plc  EWHC 2166 (Ch));
- negotiating the sale of an apartment and student accommodation development on behalf of joint administrators who had been convinced the property would have to be disclaimed as onerous due to complex title problems;
- successfully resisting an administration order against a care home, which was part of a group implicated in a widespread property fraud, by convincing the court to allow creditors to opt into a company voluntary arrangement which was more likely to result in a dividend; and
- recovering a six figure sum for the liquidator of a collapsed retailer by pursuing a successful misfeasance claim against one of the company’s former directors.