The COVID-19 challenge: insurance coverage in the time of lock-down
In this article written for Thomson Reuters Practical Law, Neil Hext KC…
Legal 500
“A powerful advocate who is always attuned to the judge’s thinking. He has sound judgement, is calm under pressure and inspires confidence”
Mark Cullen specialises in commercial litigation, with a particular focus on civil fraud, offshore work and professional liability claims in a commercial context.
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, after having been called to the Bar in England and Wales in 2013.
Mark has appeared in a broad range of commercial cases in the Commercial Court and Chancery Division in London, as well as in the Court of Appeal of England and Wales. He also has significant experience of litigation in the Cayman Islands, the BVI and the Isle of Man, both at first instance and on appeal.
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. Mark was awarded a Major Scholarship by Inner Temple and a 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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Mark has acted in a wide range of commercial and business disputes, including claims involving allegations of fraud, a variety of contractual claims, breach of warranty claims and shareholder disputes. Mark’s work frequently has an international or offshore element to it and he has experience of jurisdictional challenges and forum disputes.
Mark has experience of applications and issues relating to the impact of Russian sanctions: see [2022] EWCA Civ 854 and [2022] EWHC 101 Ch; worldwide freezing orders: see [2022] EWHC 1166 (Ch); anti-suit injunctions: see [2020] EWHC 2530 (Comm); search orders: see [2021] EWHC 1360 (Ch), security for costs: see [2022] EWHC 1047 (Ch), [2021] EWHC 2316 (Ch) and [2018] EWHC 1533; and disclosure and inspection: see [2018] 4 W.L.R. 26.
Featured Commercial Litigation cases
Mark has significant experience of civil fraud claims, particularly those proceeding in the Chancery Division and Commercial Court in London, but often involving a significant international or offshore element.
Mark has experience of various interlocutory applications in the civil fraud context, including relating to worldwide freezing orders (see [2022] EWHC 1166 (Ch), search orders (see [2021] EWHC 1360 (Ch)), security for costs (see [2022] EWHC 1047 (Ch) and disclosure and inspection (see [2018] 4 W.L.R. 26).
Featured Civil Fraud cases
Mark has a significant offshore practice, particularly for his year of call, with notable experience of litigating in the Cayman Islands, the BVI 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.
Mark is ranked as a leading junior in the Legal 500 for offshore work: “Mark has an excellent work ethic and thinks deeply about the legal and commercial problems he is presented with. He has a very strong academic background, but refreshingly is focused on practical solutions. His knowledge of private international law is particularly useful for offshore work, and he also has a formidable command of areas of law that are always relevant to offshore disputes.”
He was previously recognised as a “Rising star” for offshore work and described as “An impressive junior with experience beyond his seniority in offshore work.”
Mark 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 also has experience of appeals in the BVI and the Isle of Man.
Reflecting his broader practice, he has particular expertise of claims involving allegations of civil fraud and offshore claims against professionals. He also has experience of shareholder disputes and contentious insolvency matters.
Featured Offshore cases
Mark 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 and claims involving allegations of civil fraud or involving an offshore or international element.
Mark is ranked as a Leading Junior for professional negligence work in the Legal 500: “His advice is comprehensive and clear, which demonstrates significant attention to detail and a deep rooted understanding of the complex issues.”
He was previously recognised as a “Rising Star” (2021) and described as “A powerful advocate who is always attuned to the judge’s thinking. He has sound judgement, is calm under pressure and inspires confidence.”
Featured Professional Negligence cases
Mark has experience of a range of insurance disputes, including coverage disputes.
Mark was part of the COMBAR Working Group looking at the impact of Brexit on commercial insurance (with Leigh-Ann Mulcahy KC and Ben Lynch KC).
Mark co-authored (with Neil Hext KC) 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.
Featured Insurance cases
Mark is developing his practice in sports law, with a particular focus on football-related matters and commercial disputes in a sports context.
Featured Sports Law cases
Mark is developing a practice in international arbitration. He has experience of commercial and construction disputes.
Featured International Arbitrations
Judgment was delivered in the Commercial Court on 11 January in the…
Education:
M.A. (Cantab) LL.M. (Cantab)
Bar Admissions:
England and Wales: 2013
British Virgin Islands: 2017
Cayman Islands: 2018
Memberships:
Commercial Bar Association
Chancery Bar Association
Professional Negligence Bar Association
Commercial Fraud Lawyers Association
Young Fraud Lawyers Association
In this article written for Thomson Reuters Practical Law, Neil Hext KC…
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