Mark Cullen specialises in (i) commercial litigation; (ii) offshore work; (iii) professional liability claims; and (iv) civil fraud.  He is also developing his practice in sports law and insurance law. 

Mark was admitted as an Attorney at Law in the Cayman Islands in 2018 and as a Barrister of the Eastern Caribbean Supreme Court (British Virgin Islands) in 2017.  He has been instructed in cases in the Cayman Islands, the British Virgin Islands, the Isle of Man and Gibraltar.

Mark’s previous experience includes working as the Judicial Assistant to Lord Justice Maurice Kay, then the Vice-President of the Court of Appeal (Civil Division). During this time, Mark was involved in a number of high profile cases and gained an invaluable insight into the appellate process.

Mark holds a M.A. in Law and a first class LL.M. from Jesus College, University of Cambridge, where he was awarded a Foundation Scholarship. He was called to the Bar by Inner Temple in 2013, having been awarded a Major Scholarship and Duke of Edinburgh Entrance Award for his BPTC year.

For examples of Mark’s ongoing and previous work, please see the individual practice areas below.

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Areas of Expertise

Commercial Litigation

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Mark has experience of a range of commercial disputes, both onshore and offshore. He has been instructed in claims involving allegations of commercial fraud, breaches of directors’ duties and shareholder disputes. As well as trials, Mark has experience of various interlocutory hearings including applications for injunctions, security for costs (see [2018] EWHC 1533) and disclosure and inspection (see [2018] 4 W.L.R. 26).

Cases

Accident Exchange v McLean & Ors

Mark acted (led by Jamie Smith QC and Miles Harris) for two of the solicitor defendants to a £130 million unlawful mean...

Accident Exchange v McLean & Ors

Mark acted (led by Jamie Smith QC and Miles Harris) for two of the solicitor defendants to a £130 million unlawful means conspiracy claim brought by Accident Exchange arising out of the conduct of thousands of “credit hire” cases. The claim spawned large numbers of interlocutory disputes, including Accident Exchange v McLean & Ors [2018] 4 W.L.R. 26 (in which the Commercial Court rejected the claim that the “iniquity” exception applied so as to disapply privilege) and Accident Exchange v McLean & Ors [2018] EWHC 1533 (Comm) (in which the Commercial Court granted the solicitor defendants’ applications for security for costs).

Confidential dispute arising from a commercial service agreement

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Confidential dispute arising from a commercial service agreement

Assisting Ben Elkington QC to advise in a dispute relating to a commercial service agreement.

Comodo Holdings Ltd v Renaissance Ventures Ltd & Anr

Acting (led by Paul Chaisty QC and Mark Forte) in an application for injunctive relief in a shareholder dispute in the B...

Comodo Holdings Ltd v Renaissance Ventures Ltd & Anr

Acting (led by Paul Chaisty QC and Mark Forte) in an application for injunctive relief in a shareholder dispute in the BVI Commercial Court.

Hitomi Matsuura v A & S Company Limited

Acting (led by Alain Choo-Choy QC and Jerry Samuel) in the trial of an unfair prejudice claim in the BVI Commercial Cour...

Hitomi Matsuura v A & S Company Limited

Acting (led by Alain Choo-Choy QC and Jerry Samuel) in the trial of an unfair prejudice claim in the BVI Commercial Court (whilst on secondment to Conyers Dill and Pearman in the BVI).

Claim relating to the sale of goods

Sole counsel for a multinational company in a claim relating to the sale of goods.

Claim relating to the sale of goods

Sole counsel for a multinational company in a claim relating to the sale of goods.

Appeal concerning cause of action estoppel

Sole counsel for a broker in an appeal relating to the applicability of the doctrines of cause of action estoppel and me...

Appeal concerning cause of action estoppel

Sole counsel for a broker in an appeal relating to the applicability of the doctrines of cause of action estoppel and merger to the decisions of the Financial Ombudsman Service.

Offshore work

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Mark has a strong offshore practice.  Unusually for his year of call, Mark has been admitted as an Attorney at Law in the Cayman Islands and as a Barrister of the Eastern Caribbean Supreme Court (British Virgin Islands).

Mark has spent significant periods of time working in the Cayman Islands, the BVI and the Isle of Man.  He has appeared as sole and junior counsel in the BVI Commercial Court and as junior counsel in the Financial Services Division of the Grand Court of the Cayman Islands.

Mark has particular expertise in offshore claims against professionals, including claims for and against fund managers and directors, and claims involving allegations of civil fraud.  He also has experience of shareholder disputes and contentious insolvency matters.

Cases

Claim against a fund manager

Acting (led by Graham Chapman QC) for a fund manager in a claim arising out of the collapse of a collective investment s...

Claim against a fund manager

Acting (led by Graham Chapman QC) for a fund manager in a claim arising out of the collapse of a collective investment scheme.

Unfair prejudice and unlawful means conspiracy claim

Acting (led by Daniel Saoul QC) in an unfair prejudice and unlawful means conspiracy claim in the BVI Commercial Court a...

Unfair prejudice and unlawful means conspiracy claim

Acting (led by Daniel Saoul QC) in an unfair prejudice and unlawful means conspiracy claim in the BVI Commercial Court arising out of a substantial fraud.

Claim against insurance company arising out of declinature

Mark acts as sole counsel for an insurance company which has declined cover for a claim arising out of the misappropriat...

Claim against insurance company arising out of declinature

Mark acts as sole counsel for an insurance company which has declined cover for a claim arising out of the misappropriation of funds from a law firm.  The claim raises issues relating to service out and the court’s jurisdiction to hear the claim.

Claim arising out of investment in an offshore bond

Mark acts as sole counsel for a client in a dispute with an offshore life assurer arising out of an investment in an off...

Claim arising out of investment in an offshore bond

Mark acts as sole counsel for a client in a dispute with an offshore life assurer arising out of an investment in an offshore bond with unexpected tax consequences.

Comodo Holdings Ltd v Renaissance Ventures Ltd & Anr

Acting (led by Paul Chaisty QC and Mark Forte) in an application for injunctive relief in a shareholder dispute in the B...

Comodo Holdings Ltd v Renaissance Ventures Ltd & Anr

Acting (led by Paul Chaisty QC and Mark Forte) in an application for injunctive relief in a shareholder dispute in the BVI Commercial Court.

Hitomi Matsuura v A & S Company Limited

Acting (led by Alain Choo-Choy QC and Jerry Samuel) in the trial of an unfair prejudice claim in the BVI Commercial Cour...

Hitomi Matsuura v A & S Company Limited

Acting (led by Alain Choo-Choy QC and Jerry Samuel) in the trial of an unfair prejudice claim in the BVI Commercial Court (whilst on secondment to Conyers Dill & Pearman in the BVI).

Professional Liability

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Mark has a thriving professional liability practice, with a particular emphasis on claims arising in an international or offshore context and fraud claims against professionals. He has considerable experience of acting in high-value and complex litigation as part of a larger team, including in the Accident Exchange litigation.

Cases

Maggistro-Contenta v Jury O’Shea LLP

Acting (led by Jamie Smith QC) in a £10 million claim arising out of the conduct of the financial affairs of Giacomino ...

Maggistro-Contenta v Jury O’Shea LLP

Acting (led by Jamie Smith QC) in a £10 million claim arising out of the conduct of the financial affairs of Giacomino Maggistro-Contenta after his death. The Court refused the Claimant’s application for an extension of time for service of the particulars of claim and granted the Defendants’ application that the Court had no jurisdiction to try the claim: [2019] EWHC 3035 (Ch).

Accident Exchange v McLean & Ors

Mark acted (led by Jamie Smith QC and Miles Harris) for two of the solicitor defendants to a £130 million unlawful mean...

Accident Exchange v McLean & Ors

Mark acted (led by Jamie Smith QC and Miles Harris) for two of the solicitor defendants to a £130 million unlawful means conspiracy claim brought by Accident Exchange arising out of the conduct of thousands of “credit hire” cases. The claim spawned large numbers of interlocutory disputes, including Accident Exchange v McLean & Ors [2018] 4 W.L.R. 26 (in which the Commercial Court rejected the claim that the “iniquity” exception applied so as to disapply privilege) and Accident Exchange v McLean & Ors [2018] EWHC 1533 (Comm) (in which the Commercial Court granted the solicitor defendants’ applications for security for costs).

Claim against a fund manager

Acting (led by Graham Chapman QC) in a £15m claim against a fund manager arising out of the collapse of a collective in...

Claim against a fund manager

Acting (led by Graham Chapman QC) in a £15m claim against a fund manager arising out of the collapse of a collective investment scheme.

Penta v Storrier

Acting (led by Neil Hext QC) in a claim against a director arising out of significant financial mismanagement of compani...

Penta v Storrier

Acting (led by Neil Hext QC) in a claim against a director arising out of significant financial mismanagement of companies.

Contribution claim against accountants

Sole counsel acting for a company in a £1 million contribution claim against accountants.

Contribution claim against accountants

Sole counsel acting for a company in a £1 million contribution claim against accountants.

Fraud claim against solicitor defendants

Acting (led by Alex Hall Taylor) in a Commercial Court claim in deceit, conspiracy, dishonest assistance and for the ret...

Fraud claim against solicitor defendants

Acting (led by Alex Hall Taylor) in a Commercial Court claim in deceit, conspiracy, dishonest assistance and for the return of
secret commissions.

Claim against valuers relating to a failed tax scheme

Acting (led by Jamie Smith QC and Tim Chelmick) in a claim arising out of the valuation of a technology business for the...

Claim against valuers relating to a failed tax scheme

Acting (led by Jamie Smith QC and Tim Chelmick) in a claim arising out of the valuation of a technology business for the purposes of a tax scheme.

Civil Fraud

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Mark has experience of a range of civil fraud claims, including those involving allegations of conspiracy, deceit, unjust enrichment, knowing receipt, dishonest assistance and the receipt of secret commissions. He has particular experience of fraud claims against professionals.

Cases

Accident Exchange v McLean & Ors

Acting (led by Jamie Smith QC and Miles Harris) for two of the defendants to a £127m conspiracy and deceit claim brough...

Accident Exchange v McLean & Ors

Acting (led by Jamie Smith QC and Miles Harris) for two of the defendants to a £127m conspiracy and deceit claim brought by Accident Exchange.

Unfair prejudice and unlawful means conspiracy claim

Acting (led by Daniel Saoul QC) in an unfair prejudice and unlawful means conspiracy claim in the BVI Commercial Court a...

Unfair prejudice and unlawful means conspiracy claim

Acting (led by Daniel Saoul QC) in an unfair prejudice and unlawful means conspiracy claim in the BVI Commercial Court arising out of a substantial fraud

Claim against director arising out of secret commissions

Mark acts as sole counsel for a company in a claim against its former director arising out of the payment and receipt of...

Claim against director arising out of secret commissions

Mark acts as sole counsel for a company in a claim against its former director arising out of the payment and receipt of secret commissions.

Fraud claim against solicitor defendants

Acting (led by Alex Hall Taylor) in a Commercial Court claim in deceit, conspiracy, dishonest assistance and for the ret...

Fraud claim against solicitor defendants

Acting (led by Alex Hall Taylor) in a Commercial Court claim in deceit, conspiracy, dishonest assistance and for the return of
secret commissions.

Secret commission claim

Assisting Can Yeginsu to advise in a secret commission and action for damages for fraud claim.

Secret commission claim

Assisting Can Yeginsu to advise in a secret commission and action for damages for fraud claim.

Insurance

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Mark is developing his insurance practice.  His previous experience includes acting as junior counsel to Justin Fenwick QC and Leigh-Ann Mulcahy QC in Cape Distribution Limited v Cape Intermediate Holdings Limited, in proceedings relating to the circumstances in which a subrogated claim can be brought by an insurer of a subsidiary company against a parent company.

Mark has experience issues of coverage issues and aggregation disputes.  He also has experience of professional indemnity insurance related issues.

Mark was part of the COMBAR Working Group looking at the impact of Brexit on commercial insurance (with Leigh-Ann Mulcahy QC and Ben Lynch).

Cases

Cape Distribution Limited v Cape Intermediate Holdings Limited

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Cape Distribution Limited v Cape Intermediate Holdings Limited

Junior counsel to Justin Fenwick QC and Leigh-Ann Mulachy QC in proceedings relating to the circumstances in which a subrogated claim can be brought by an insurer of a subsidiary against a parent company.

Sports Law

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Mark is developing his practice in sports law, with a particular focus on football-related matters and commercial disputes in a sports context.

Cases

FA disciplinary proceedings

Acting (led by Kendrah Potts) for a professional footballer in FA disciplinary proceedings following a failed drugs test...

FA disciplinary proceedings

Acting (led by Kendrah Potts) for a professional footballer in FA disciplinary proceedings following a failed drugs test.

Dispute relating to the exercise of a contractual option

Sole counsel for a professional footballer in a dispute with his club relating to the extension of his playing contract....

Dispute relating to the exercise of a contractual option

Sole counsel for a professional footballer in a dispute with his club relating to the extension of his playing contract.

Secret commission claim

Assisting Can Yeginsu to advise a sports agency in a dispute with a former professional footballer, involving a secret c...

Secret commission claim

Assisting Can Yeginsu to advise a sports agency in a dispute with a former professional footballer, involving a secret commission and action for damages for fraud claim.

Image rights dispute

Assisting Richard Liddell to advise a football player in a dispute with a club relating to the player’s image righ...

Image rights dispute

Assisting Richard Liddell to advise a football player in a dispute with a club relating to the player’s image rights.

International Arbitration

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Mark is developing a practice in international arbitration.  He has experience of commercial and construction disputes.  He has also acted as sole counsel in the High Court opposing an application under s.18 of the Arbitration Act 1996 to appoint an arbitrator.

Cases

Confidential dispute arising from a commercial service agreement

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Confidential dispute arising from a commercial service agreement

Assisting Ben Elkington QC to advise in a dispute relating to a commercial service agreement.

Confidential dispute relating to a contract for the sale of shares

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Confidential dispute relating to a contract for the sale of shares

Providing research assistance to Nicholas Feltcher QC in a dispute relating to a share purchase agreement.

International arbitration relating to the construction of a nuclear installation

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International arbitration relating to the construction of a nuclear installation

Acting as part of a counsel team led by Roger Stewart QC and Anneliese Day QC in a complex international arbitration worth in excess of £100 million relating to the construction of a nuclear installation.

Resisting application to appoint an arbitrator

Sole counsel opposing an application under s.18 of the Arbitration Act 1996 to appoint an arbitrator in a construction d...

Resisting application to appoint an arbitrator

Sole counsel opposing an application under s.18 of the Arbitration Act 1996 to appoint an arbitrator in a construction dispute.

Construction & Engineering

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Mark is developing a practice in construction law, in litigation and in arbitration.

Cases

Resisting application to appoint an arbitrator

Sole counsel opposing an application under s.18 of the Arbitration Act 1996 to appoint an arbitrator in a construction d...

Resisting application to appoint an arbitrator

Sole counsel opposing an application under s.18 of the Arbitration Act 1996 to appoint an arbitrator in a construction dispute.

Claim against a structural engineering company

Acting as junior counsel to Anneliese Day QC and Richard Liddell in a claim against a structural engineering company. ...

Claim against a structural engineering company

Acting as junior counsel to Anneliese Day QC and Richard Liddell in a claim against a structural engineering company.

International arbitration relating to the construction of a nuclear installation

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International arbitration relating to the construction of a nuclear installation

Acting as part of a counsel team led by Roger Stewart QC and Anneliese Day QC in a complex international arbitration worth in excess of £100 million relating to the construction of a nuclear installation.

Qualifications & Memberships

Education: 

M.A. (Cantab) LL.M. (Cantab)

Bar Admissions: 

England and Wales: 2013

British Virgin Islands: 2017

Cayman Islands: 2018

Memberships:

Commercial Bar Association

Commercial Fraud Lawyers Association

Professional Negligence Bar Association

Technology and Construction Bar Association

Young International Arbitration Group

Publications

VAT registration number: 218652306