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

Mark has acted in a wide range of commercial disputes (domestic and international) and is often instructed in cases spanning different areas of his expertise.

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 and the Isle of Man.

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.

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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 freezing injunctions, security for costs (see [2018] EWHC 1533) and applications for disclosure and inspection (see [2018] 4 W.L.R. 26).

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.

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.

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.

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.

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.

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 experience of a range of offshore work, in particular in the Cayman Islands, the British Virgin Islands and the Isle of Man.

He 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.

As well as civil fraud claims and claims against professionals, Mark 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.

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.

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.

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.

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.

Professional Liability

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

Cases

Accident Exchange v McLean & Ors

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

Accident Exchange v McLean & Ors

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

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 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.

Claim against valuers relating to a failed tax scheme

Acting (led by Jamie Smith QC and Tim Chelmick) for a firm of valuers who provided a valuation of a technology business ...

Claim against valuers relating to a failed tax scheme

Acting (led by Jamie Smith QC and Tim Chelmick) for a firm of valuers who provided a valuation of a technology business for the purposes of a tax scheme.

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

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