Mark Cunningham QC

Mark is a litigator equally at home dealing with interlocutory matters, conducting trials and arguing in appellate courts, whether in the UK or abroad. He is comfortable and familiar with handling substantial cases, particularly where the facts and documents are complex and heavy.  He is an experienced and well regarded cross-examiner and notably effective where the honesty or integrity of the witness is in issue.

Mark regards himself as a specialist advocate and in particular a trial lawyer.  He has appeared in over 80 reported cases, covering a wide range of legal topics.  He is happy to appear in any tribunal, anywhere in the world: in recent years he has represented clients in the House of Lords, the Court of Appeal, all divisions of the High Court, the Crown Court, the Upper Tribunal, the First Tier Tribunal, the Solicitors’ Disciplinary Tribunal, the Copyright Tribunal, and having been called to the East Caribbean Bar in 2005, at first instance and in the Court of Appeal in Grand Cayman, and at first instance in the BVI.  Prior to taking Silk he had been on the Panel of Junior Counsel to the Crown (Chancery) and then on the Attorney-General’s A Panel.  He has been a DTI Inspector, conducting insider-dealing inquiries and was involved in the BSE Inquiry.  He is an accredited mediator.

Since taking Silk Mark has diversified his practice so as to embrace a wide range of private, regulatory and government work.  Though he welcomes unusual and “one-off” cases, his practice generally falls within the following areas of law:

• Commercial Chancery
• Company/Corporate Insolvency
• Tax
• Professional Conduct

Commercial Chancery

Notable cases include:

EC03 Capital v Ludsin Overseas: 2013 EWCA Civ 413.  Court of Appeal.  Deceit in relation to land development.

Prima Equity v West Bromwich Commercial: LTL 27.3.2013 Chancery Division.  Wrongful mortgage deductions.

The Estate of Jimmy Saville: Acting for Estate in ongoing dispute about distribution.

Fenris: 2012 Appeal re clawback claim, Grand Cayman

Fenris: 2011 High Court, Grand Cayman. Trial of clawback claim.

Company/Corporate Insolvency

Mark has substantial experience of company disputes.  He has acted in many of the major director’s disqualification cases (those involving Atlantic Computers, Blue Arrow, Astra, Norton, Allied Carpets and Terry Venables for example) and for both the Crown and individual directors.  He is also experienced in public-interest winding-up petitions.

Notable cases include:

SED Essex Ltd: [2013] EWHC 1583 (Ch) Randall QC Appointment of Provisional Liquidators following VAT assessments.

UKLI Ltd: [2013] EWHC  680 (CH) Hildyard J: Director’s Disqualification : Land banking.

S of S v Potiwal: [2012] EWHC 3723 (Ch) Briggs J.  Director’s Disqualification: MTIC fraud.

Instant Access Properties: [2011] EWHC (Ch) Floyd J.  Director’s Disqualification: acting for one of the defendant directors.

Tax

Mark is regularly instructed by, and against HMRC, principally in cases relating to MTIC fraud.  Cases include.

Anonymous: [2013] Acting for taxpayer in ongoing, and substantial, dispute about VAT in relation to carbon credits.

Blada Ltd: [2013] UT.  Security for costs in the Upper Tribunal.

Fonecomp Ltd: [2012] UKFTT 102 (TC). MTIC fraud

Mobilx Ltd: [2010] EWCA Civ 517.  Court of Appeal.  The leading MTIC case.  Mark led a Team of 6 Counsel instructed by HMRC.

Megtian Ltd: [2010] LTL 15/1/2010 Briggs J.  MTIC fraud.

Professional Conduct

Mark has been regularly instructed by the SRA in recent years and has prosecuted a number of cases in the SDT and on appeal.  Notable cases include:

SRA v Suleiman: 10177 - 2009
SRA v Ghauri: 10688 - 2010
SRA v Advani: 10865 – 2011
SRA v Fuglers: 10917 - 2012
SRA v Marshall: 10826 - 2011
SRA v Schools: 10968 – 2012
SRA v Organ & Ors: 11080 – 2012

The clerks are happy to discuss the basis on which Mark will act in any given matter. In the absence of express written agreement otherwise, the terms under which Mark accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time) referred to in the BSB Handbook.

Qualifications

BA (Oxon)