In this article written for Thomson Reuters Practical Law, Neil Hext KC…
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.
He is recognised as a Leading Junior for Civil Fraud, Offshore and Professional Negligence work and is described as someone who is “very calm under pressure and a real team player. He is unflappable and always adds value” (Legal 500, 2024: Civil Fraud); “a brilliant junior. Keen, energetic with a first rate intellect and unmatched knowledge of law and procedure. He is a joy to work with and an invaluable member of any team” (Legal 500: The English Bar Offshore, 2024); and “prompt, responsive and hard-working. His advice is comprehensive and pragmatic. He is a pleasure to work with” (Legal 500, 2024: Professional Negligence).
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 (amongst other jurisdictions), 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.
“Mark is very calm under pressure and a real team player. He is unflappable and always adds value” – Legal 500 (2024)
Mark is recognised as a leading junior for civil fraud work. He has significant experience of high value and complex claims, often involving worldwide freezing orders, search orders, and more recently issues relating to the impact of Russian sanctions.
Reflecting his broader practice, Mark is particularly sought after for cases with an international or offshore dimension.
Featured Civil Fraud cases
“Mark is a brilliant junior. Keen, energetic with a first rate intellect and unmatched knowledge of law and procedure. He is a joy to work with and an invaluable member of any team” – Legal 500, The English Bar Offshore (2024)
“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” – Legal 500 Caribbean, The English Bar Offshore (2023)
He was previously recognised by the Legal 500 as a “Rising star” for offshore work and described as “An impressive junior with experience beyond his seniority in offshore work.”
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 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 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  EWCA Civ 854 and  EWHC 101 Ch; worldwide freezing orders: see  EWHC 1166 (Ch); anti-suit injunctions: see  EWHC 2530 (Comm); search orders: see  EWHC 1360 (Ch), security for costs: see  EWHC 1047 (Ch),  EWHC 2316 (Ch) and  EWHC 1533; and disclosure and inspection: see  4 W.L.R. 26.
He also has experience of insurance disputes in a commercial context and 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).
Featured Commercial Litigation cases
“Mark is prompt, responsive and hard-working. His advice is comprehensive and pragmatic. He is a pleasure to work with” – Legal 500
“His advice is comprehensive and clear, which demonstrates significant attention to detail and a deep rooted understanding of the complex issues” – 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” – Legal 500
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.
Featured Professional Negligence 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 his practice in international arbitration. He has experience of commercial and construction disputes.
Featured International Arbitrations
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In this article written for Thomson Reuters Practical Law, Neil Hext KC…
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