Mark Cullen specialises in: (i) commercial litigation; (ii) offshore work; (iii) civil fraud; (iv) professional liability claims; and (v) insurance disputes.  He is also developing his practice in sports 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 acted in a wide range of commercial disputes (both onshore and offshore), including claims involving allegations of commercial fraud, claims against directors for misappropriating company funds, breach of warranty claims, shareholder disputes, claims arising from the sale of goods and a variety of contractual claims.

Mark’s work often has an international element to it. 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. He also has significant experience of litigation in the Isle of Man.

Mark has particular experience of 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 Commercial Co...

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 Commercial Court claim for unlawful means conspiracy claim and deceit 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 arising out of share purchase agreement

Acting (led by Matthew Bradley) for the defendants to a c. £10m Commercial Court claim for fraudulent misrepresentation...

Claim arising out of share purchase agreement

Acting (led by Matthew Bradley) for the defendants to a c. £10m Commercial Court claim for fraudulent misrepresentation and unlawful means conspiracy arising out of a share purchase agreement relating to the sale of a company.

Dispute arising out of distribution services agreement

Acting (led by Graham Chapman QC) for a commercial company in a dispute relating to a distribution services agreement. ...

Dispute arising out of distribution services agreement

Acting (led by Graham Chapman QC) for a commercial company in a dispute relating to a distribution services agreement.

Penta v Storrier

Acting (led by Neil Hext QC) in a claim against a director arising out of the significant mismanagement of various compa...

Penta v Storrier

Acting (led by Neil Hext QC) in a claim against a director arising out of the significant mismanagement of various companies and/or financial misstatements in relation to them.

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 against director arising out of payment of secret commissions

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Claim against director arising out of payment of secret commissions

Mark acts as sole counsel for a company in a claim against its former managing director arising out of the payment and receipt of secret commissions in relation to the negotiation of various commercial contracts.

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.

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. 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.

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.

He has particular expertise in offshore claims against professionals, including claims 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 asssets.  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. He has significant experience of acting for and against professionals in a range of high value, complex and sensitive cases, with particular expertise in relation to claims against lawyers, directors and fund managers. Mark has particular expertise in professional liability claims arising in an offshore or international context and fraud claims against professionals.

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 an offshore col...

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 an offshore 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.

Claim against a security company

Mark acts (led by Ben Hubble QC) for a security company in a claim arising out of an alleged £1.5m theft.

Claim against a security company

Mark acts (led by Ben Hubble QC) for a security company in a claim arising out of an alleged £1.5m theft.

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.

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.

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.

Civil Fraud

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Mark has significant experience of acting in claims involving allegations of fraud, including those involving allegations of unlawful means conspiracy, deceit, unjust enrichment, knowing receipt and dishonest assistance. Mark also has particular expertise in claims involving the payment and receipt of secret commissions.

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.

Claim arising out of share purchase agreement

Acting (led by Matthew Bradley) for the defendants to a c. £10m Commercial Court claim for fraudulent misrepresentation...

Claim arising out of share purchase agreement

Acting (led by Matthew Bradley) for the defendants to a c. £10m Commercial Court claim for fraudulent misrepresentation and unlawful means conspiracy arising out of a share purchase agreement relating to the sale of a company.

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 managing director arising out of the payment and r...

Claim against director arising out of secret commissions

Mark acts as sole counsel for a company in a claim against its former managing 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 £13m secret commission and action for damages for fraud claim.

Secret commission claim

Assisting Can Yeginsu to advise in a £13m secret commission and action for damages for fraud claim.

Insurance

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Mark has experience of a range of insurance disputes, including coverage disputes.

Mark has recently co-authored (with Neil Hext QC) an article for Practical Law on the main types of insurance cover that are potentially relevant in relation to losses arising from COVID-19, in particular relating to business interruption, event cancellation, employer’s liability, D & O, credit and travel insurance policies.

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 QC).

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.

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 assets in an offshore context.

Claim against insurance broker

Advising a company in relation to coverage issues in the context of a claim against an insurance broker for failing to p...

Claim against insurance broker

Advising a company in relation to coverage issues in the context of a claim against an insurance broker for failing to procure adequate cover.

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