"Mark delivers extreme professionalism and value. I would highly recommend his services to all."
(Matt Broomfield, Head of Commercial at Berkeley Homes Eastern Counties)
Mark is an experienced Senior Commercial Dispute Lawyer, based at Freeths’ Sheffield office. He is recognised as a “Next Generation Lawyer” in the Legal 500, which means he makes a material difference to the firm’s offering.
He acts for private and public clients, both national and international, on the avoidance and resolution of a diverse range of complex and high value commercial disputes.
Mark is recognised as a “Next Generation Lawyer” in Commercial Litigation by The Legal 500 (2019 Edition).
Procurement Law & Litigation
Mark has substantial experience of acting for public and private sector clients in relation to challenges to public procurements. His clients have included central government departments, local authorities, charities and large corporates.
- Acted in relation to a high value and high profile procurement challenges brought by four separate claimants. This also involved complex areas of EU law, as well as the bringing of Judicial review claims. All of the challenges/claims were successfully rebutted.
- Acted on and settled a high value damages claim arising from a long running and complex public procurement for waste services which had been abandoned. The claims were primarily for bids costs and were complex and novel.
- Advised a large international aviation client on its unsuccessful procurement for the provision of military aviation services. The procurement was high value, complex and had been challenged, abandoned and re-commenced on a number of occasions.
- Dealt with a procurement challenge to the award of a contract for the provision of bus services in South Reading. Mark also advised on its abandonment and subsequent successful re-tendering of the contract through a new and revised procurement process.
- Acted for a charity in its defence to public procurement challenge proceedings brought by a disappointed bidder for Olympic legacy contracts. This was one of the first cases to impose the automatic suspension in the Public Contracts (Amendments) Regulations 2009. This was resolved on terms favourable to the charity.
- Successfully argued that there was a material change in the circumstances of a procurement surrounding a large city centre development.
- Advised on errors in the evaluation criteria and methodology utilised by an authority in a procurement process for healthcare provision. Ensured that the procurement was abandoned. Mark’s client subsequently agreed extended contracts with the authority.
IT & Data
Mark advises on and acts in relation to a range of IT and Outsourcing contractual disputes.
- Acted for the UK division of an international company delivering public services across the UK & Europe, North America, Asia and the Middle East. Mark acts in relation to various high value and complex IT and Outsourcing agreements.
- Acted for a large UK provider of IT services to a large charity where services had been sub-contracted and those sub-contracted services were disputed. Involved complex issues around contractual responsibilities and liabilities as well as questions around T&M (time and materials) arrangements.
Reputation Protection, Defamation & Privacy
Mark regularly advises on reputational management issues including libel, slander and malicious falsehood. Mark also advises on and assists with the drafting of press releases and market communications to ensure that they are legally robust.
- Advised the tax and accounting solutions division of a multinational mass media and information corporation on the reputational management aspects of an IT dispute with a UK distributor. Mark advised on allegations of defamation, the client’s own press releases and the IT dispute itself.
- Successfully had defamatory statements made against a corporate client removed from Facebook.
- Advised a corporate on and ensured that one of its ex-employees removed defamatory videos from YouTube.
- Rebutted a claim in defamation and malicious falsehood against an international company that had mined materials which it had asserted were superior in quality to those of a competitor.
- Advised an individual client against whom a website had been set up dedicated to making critical and defamatory statements about him. The website was taken down.
- Advised a large retail shopping centre in relation to a tenant displaying defamatory statements. Those statements were taken down.
- Acted as part of large and highly skilled internal, client and Counsel teams for a leading international company, providing critical industrial services across the UK, Middle East and Asia Pacific. This matter related to insurer led multi-million pound contribution claims flowing from historic asbestos disease liabilities. The litigation involved challenging issues around subrogation, indemnitees, insurance law, product liability, agency, confidentiality, insolvency and privilege.
- Advised an International Construction client on the strategic aspects of a UK Freezing Injunction in the context of wider international litigation.
- Acted for a central government department in a high profile and complex public procurement dispute and application for Judicial Review. This involved the government’s decision to abandon its public procurement exercise for the award of a prominent rail franchise.
- Advised a UK company on a breach of warranty claim following a sale of one its companies. This related to alleged international bribery and corruption that it was asserted substantially inflated the value of the purchased company.
- Acted for a UK metals supplier and member of Aero Metals Alliance in a dispute regarding alleged defective products for incorporation into aircraft.
- Advised a UK entrepreneurial company which entered into distribution agreements in Asia (including China) and which had alleged breaches of patent law. The company had commenced an international arbitration process.
- Acted for a client in a case involving the assessment of damages. This rose out of an order discharging an interim freezing injunction, obtained against a company providing specialist climbing equipment.
- Acted in a sizeable arbitration surrounding breach of a contract claim about defective conductor. This involved complex issues surrounding the formation and terms of contract, as well as industry standards (interpretation of the London metal exchange).
- Advised and acted for an American multinational corporation and major international sportswear manufacturer. This was in relation to alleged breaches of trademarks/passing off/confidentiality, resulting from its employees’ alleged acquisition and misuse of a competitor’s confidential seasonal clothing range brochure.
- Advised a Cayman Island based company on its dispute with a nominated advisor for its membership of AIM. Also, its investigation into a multimillion pound sum allegedly fraudulently stolen by a director and flowing from his affiliation with a Malaysian funds management company.
- Acted for a Dutch company in relation to a damages claim. This resulted from a decision of the European Commission finding that the company had taken part in a cartel affecting sales in the multi-billion euro range, spanning Belgium, Luxemburg, Netherlands, Germany, France and Spain.
- Advised on a complex international case surrounding the termination of an agreement for the sale of engineering components in the UK from Germany. This involved analysis of the law surrounding commercial agents.
- Represented and advised a UK based world provider of forensic services in relation to a complex and attritional contractual dispute involving alleged over charging of fees.
- Advised and represented at mediation an Australian public trade body, in relation to a complex and emotive claim for defamation following the dismissal of an employee.
Transport & Logistics
Mark historically acted for the UK’s leading provider of tools, plant and specialist hire equipment dealing with claims for lost and stolen equipment, as well as substantial claims for hire charges. Mark regularly advised on Hire Association of Europe terms and conditions, as well as those of the CPA.
Mark has acted for various logistic and transport companies on contractual disputes, haulage costs and claims involving lost and stolen goods.
Energy & waste
Mark has acted for a number of waste companies in relation to procurement challenges and judicial review, particularly around public sector tenders for alternative waste solutions, including EfW solutions.
Mark has acted for a number of central and local public authorities in relation to contractual disputes with providers, including those relating to IT and other services.
Mark has also acted on a number of procurement challenges and judicial reviews, particularly around sale of land (for example, school fields) and public sector procurements for the award of a wide variety of supply, works and or services contracts. Example procurements are for bus services, rail and shared services.
“I have worked with Mark for a number of years in my roles at LGC and Consort and he is always a pleasure to work with – he is quick to identify the material issues and provides incisive, commercially-focused, solution-driven and pragmatic advice. He is a great lawyer to have on your side.”(John Ilett, Group General Counsel & Company Secretary, Consort Medical)
“During my time at LF Logistics Mark worked on a number of Commercial disputes for us and I always found his approach, level of service and advice extremely professional. I would highly recommend Mark’s services as he significantly helped LF Logistics through some very challenging commercial situations.”(Richard Hill, Senior Vice President, LF Logistics)
“I have benefitted from Mark’s expertise in litigation on two occasions and I was hugely impressed with his ability to familiarise himself with the detail of both long running disputes in an incredibly short space of time. Mark delivers extreme professionalism and value. I would highly recommend his services to all.”(Matt Broomfield, Head of Commercial at Berkeley Homes Eastern Counties)
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