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Primary areas of practise:

  • Crime
  • Fraud & Financial Crime
  • Corporate Crime & Financial Regulatory
  • Regulatory & Disciplinary Proceedings
  • Civil Law

Other Work

Mark’s background and initial legal training was in medical law which makes him a popular choice in cases where anatomical or psychiatric understanding is important.  He has recently given a lecture to the British Cardiological Society on causation at St Bartholomew’s Hospital in London.  He has lectured at the American Bar Association Conference in London on developments in employment law.  He has also given talks on “Human Rights post Brexit” and “Parliamentary Sovereignty Post Miller” in 2017.

He has written articles on “The FSA goes over the Wall” on the Einhorn/Greenlight Capital decision as well as “Losing on Libor-loss and damage in Deutsche Bank-v-Unitech) both in the Journal of International Banking and Financial Law.

Memberships

  • Mark is an Honorary Member of the CBA (having been an Executive Committee member)
  • He sits on the Bar Council as Western Circuit nominated rep.
  • He was a member of the Lord Chancellor’s Advisory Committee 2015-2017
  • He is a member of the Employment Lawyers’ Association
  • He is a former member of the New York City Bar Association.
  • He is a Megarry Scholar of Lincoln’s Inn.

Appointments

  • CPS London Grade 4 Prosecutor
  • CPS Fraud Group Grade 4
  • CPS Proceeds of Crime Group Grade 4
  • CPS Serious Crime Group Grade 4

Professional Memberships

  • New York City Bar Association
  • CBA Executive Committee
  • ELA
  • Bar Council Member

Mark has been described as an “outstanding advocate” (Legal 500).  He has practised at all levels of courts, from Magistrates, through Crown and County Courts, to the Court of Appeal and both the House of Lords as well as the Supreme Court.  He has done this whilst, for 14 years, lecturing on advocacy and case presentation as an Associate Lecturer at the Oxford Institute of Legal Practice.  His knowledge of the subject and his background made him an ideal choice as one of the teams in  R (Lumsdon and others) -v- The Legal Services Board [2015] UKSC 41 on the regulation of criminal advocacy in England and Wales, which went from the Divisional Court to the Supreme Court.

In the field of criminal law, Mark accepts instructions in both defence work and for the prosecution.  He has in recent years been particularly focused on fraud and money laundering, though has undertaken a number of murder cases (both for the prosecution and defence) and long-running sex, CSE and historical sexual abuse cases.

In 2017 he acted in two important Court of Appeal cases.  The first R-v-Terri Palmer in front of the Lord Chief Justice, Lord Thomas, on the issues of provocation and self-defence in murder.  The second, in Proceeds of Crime he appeared successfully for the defendant-appellant in the recent leading case of R-v-John Brooks [2016] EWCA Crim 44; a multi-million pound proceeds cases that addressed extra-jurisdictional property as well as the interpretation of Anwoir.

In 2017, he has led in cases ranging from murder (for the defence where he secured a conviction for manslaughter on a murder charge) through multi-million-pound fraud defence case, to the last 14 weeks of the year acting in a Child Sexual Exploitation case where he secured acquittals for his client.  He has also acted in two significant private prosecutions, successfully representing the Defendants in cases brought by property developers as well as solicitors’ firms.

In the last four years, Mark has continued to keep up his civil work and has acted in cases ranging from contested wills cases in the Chancery Division, through contractual disputes in the Central Count Court and Queen’s Bench Division to employment cases.

Crime

Mark has practised in London, the Western Circuit and the South Eastern Circuit for much of his career . He has appeared in nearly all of the courts within those areas.

He has appeared for both prosecution and defence in the whole range of cases from offences of dishonesty and minor violence through to major drug importations; serious sexual offences, both historic and recent and murder and manslaughter.

Mark was one of the lead defence counsel in the largest ever case of conspiracy to commit football violence that has come before the courts in this country and has also been lead prosecution counsel on a major fascist/anti – fascist public disorder case (Operation Cavalry).

The case of Lumsdon – v – LSB finally arrived at the Supreme Court (presided over by Lord Neuberger). In a case that considered new scope of stand – alone proportionality in European and domestic jurisprudence , had been one in which Mark had been involved since the initial consultations on the scheme in 2008.

R – v – Gallacher
Mark represented a man charged with an eighteen million pound VAT and construction fraud instructed by Hughmans for two months in 2015

R – v – Jackson (2015)
Mark represented Kierron Jackson in one of the highest profile murders of the last 18 months in the Old Bailey over 8 weeks this year. Instructed by Karen Todner of Kaim Todner, the case attracted significant publicity in local, national and television media.

Partridge – v – Schehtman (2015 – ongoing)
Mark represented the Defendnat in a large private prosecution brought against a Company Director. Once the case was transferred from other lawyers, Mark successfully agreed the scope of the prosecution in bringing the case to a successful conclusion before trial for his clients.

R – v – Graham Selfrides ( 2013)
Robbery

Operation Arrow (2012 – ongoing)
Defending in 16 – handed drugs conspiracy.

R v Baksh (2011 – 2012 )
Representing a police officer on corruption and money – laundering charges.

Operation Snorkel (2011 – 2012 )
Leading counsel for the defence in a multi – handed international drugs – smuggling operation.

Operation Cavalry ( 2011 – 2012)
Leading counsel prosecuting two trials involving a 22 – handed conspiracy to commit violent disorder.

Fraud & Financial Crime

Mark is instructed both by prosecution and defence solicitors. He has been leading counsel, as well as sole counsel, in a number of significant fraud cases over the years.

In recent years, for example, Mark has led on a successful eleven – handed prosecution in relation to a “ghost employee” conspiracy and money laundering case. He has been leading counsel for the defence in a series of accountant’s fraud case; a CIS fraud case, both in the crown court and in the Court of Appeal. Mark has been leading counsel in two recent large conspiracies to cause substantial criminal damage in Surrey and Hampshire arising from defrauding a number of victims out of large sums of money; as well as MTIC/carousel frauds.

In 2011 Mark was involved in the largest global fraud tr ial to be brought before the criminal courts, where he represented an international company formation agent in relation to fraud in three continents. In addition in 2011 Mark also appeared in a fraud between two well known national companies by company dir ectors; a regulatory fraud in relation to an electronics plc and a corruption case in local government. He was also instructed in the Chancery Division in relation to section 236 Company Act hearings arising in civil proceedings that are now charged as the country’s largest mortgage fraud trial due to commence this year.

Currently he is instructed in a large multi – handed VAT fraud. Mark is also instructed as lead counsel to represent a defendant in an international money laundering trial and to represent a foreign national in relation to a series of property frauds.

Operation Spallation 2013/14 CCC

Operation Cocoabean 2014 Southwark

Operation Wig (2012 – ongoing)
Landbank/Carbon Credit Fraud prosecuted on behalf of CPS Central Fraud Division as Junior alone.

Operation Savette (2012 – ongoing)
Leading Counsel for defence in an 8 handed fraud and money laundering case.

Operation Nacho (2011 – ongoing)
Leading counsel for the defence in a “cash for crash” fraud.

R v McCann & Others (2011 – 2013)
Led Junior for the defence, representing a businessman in an international conspiracy to defraud and money – laundering trial arising out of a billion – dollar sale of an African telecommunications company.

R v Armstrong and Tolley (2011)
As Junior alone, prosecuted a five – week section 4 Fraud Act case against two businessmen in a fresh air invoice fraud.

Corporate Crime and Financial Regulatory

Instructed in a n array of corporate matters, Mark has assisted a defendant company in a prosecution arising from alleged breaches of the controversial waste Shipment Regulations and the Transfrontier Shipment of Waste Regulations 1994. More recently has been lead counsel for the defence in a series of accoun tant’s fraud cases and a CIS fraud case.

He has also been instructed to advise the defence, for a well – known firm of London solicitors, in relation to jurisdictional issue arising from allegations of civil and criminal fraud both in the UK and in Hong Kong.

Regulatory & Disciplinary Proceedings

Having undertaken the necessary training in 2009 , Mark is a monitoree on the panel of counsel to appear before the General Medical Council.

Recent cases include:

The Application to Lumsdon – v – LSB and others Court of Appeal Master of the Rolls

Civil Law

Mark has, for his entire career, maintained a substantial practice in the civil field. As well as personal injury and medical negligence work, Mark developed a large and successful practice in employment law. He has represented large and small businesses as well as individuals in Employment Tribunals; courts and appellate courts in London and throughout the country. In this field he has been involved in cases of breach of contract; wrongful and unfair dism issal; restrictive covenants; all areas of discrimination and human rights. He has been instructed to represent companies as diverse as HSBC; McDonalds; Schering Plough; Honeywell Bull; Pimm’s, Nike, Wincanton and Thomas Cook as well as Local Authorities and individuals. He was instructed for the Respondent in one of the longest running reported cases of breach of contract and dismissal in recent years.

Mark also appears internal investigatory hearings and has recently been involved in such hearings in the education field as well as on behalf of private companies in employment and criminal fields.

His arguments in relation to a police discrimination case led to a change in primary legislation in relation to Chief Constables liability for acts of individ ual officers. He was led junior in the House of Lords in Re Lord Mayhew’s Petition in an action relating to the rights of hereditary peers to sit in the House of Lords.

Mark has been appearing regularly in the civil courts in the last year. In the Queen ‘s Bench Division, Mark has appeared for a company director in a long – running restrictive covenant dispute with a national property company.

In the Chancery Division, Mark has recently finished a novel adoptee case arising out of a contested will under t he Inheritance (provision for Family and Dependants) Act 1975.

He has also appeared in the Chancery division (Companies Court) in a Section 236 Insolvency Act case.

In the Family Division Mark completed a 16 – day Care Case with contested technical expert evidence.

Mark still appears in Employment cases and has bee n instructed for the Respondent Company in a 12 day union – related dismissal case this year. He has also advised a number of executives on issues arising out of restructuring and termination.

He has also been instructed in civil confiscation cases.

Reported Cases

Gover v Propertycare [2006] ICR 1078

Lord Mayhew of Twysden’s Petition [2002] 1AC 109

Hodes v Marks & Spencer plc [2001] ICR1 Notes

AM v PV & another [1999] ICR 1218

Tice v Cartwright [1999] ICR 769

Burrell v H M Customs & Excise [1997] STC 1413

P & O Trans – European v Wincanton Logistics [2001] EWCA 227