Overview

Mark is a partner in our Litigation, Insolvency & Restructuring department in the Cayman Islands office. He is an experienced offshore commercial litigator, having practiced in Bermuda and the Cayman Islands for more than 10 years.

He advises on all aspects of commercial litigation with a particular focus on corporate insolvency and restructuring, fraud and asset tracing, and fair value merger appraisals under s.238 and s.106 of the Cayman and Bermuda Companies Acts.

Mark typically advises distressed companies, liquidators and office holders, creditors, minority / non-controlling shareholders, and victims of fraud. He has appeared before the Grand Court of the Cayman Islands, the Supreme Court of Bermuda and the Court of Appeal for Bermuda.

Expertise

Work Highlights

(*prior to joining Campbells)

  • Novo Nordisk v KBP Biosciences Holdings Limited: acting for a Danish pharmaceutical company to obtain a worldwide freezing order against a Cayman-incorporated Chabra defendant in support of a New York-seated arbitration.
  • EAD Group LLC v Bulent Toros and anor: acting for the defrauded party to a margin lending agreement to obtain a territorial freezing order against the primary defendant and a Chabra defendant in support of New York litigation to prevent the sale of a Cayman-registered yacht.
  • Carlos Magno, Nery E Medeiros Sociedade de Advogados v Trident Trust Company (Cayman) Ltd: acting for the Brazilian judicial administrator of the Bankruptcy Estates of Sam Industrias SA, Boulder Participações Ltda and Daniel Birmann to obtain (i) recognition of his appointment in the Cayman Islands, and (ii) Norwich Pharmacal disclosure against a Cayman fiduciary services provider to obtain information establishing the beneficial ownership of assets.
  • Adenium Energy Capital Ltd (in official liquidation) et al v Viscom Investments Ltd. et al: acting for the majority shareholders of Adenium Energy Capital Ltd (in OL) to defend clawback claims brought by its official liquidators.
  • Kingate Global Fund Limited (in OL) and anor v Kingate Management Limited and anor: acting for the individual principals behind Kingate Global Fund and Kingate Euro Fund (Madoff feeder funds) to defend claims brought by the funds’ liquidators seeking to recoup management fees and various payments out of the funds.
  • Re Jardine Strategic Holdings Limited: acting for a large number of minority shareholders (consisting of private equity, pension, and sovereign wealth funds) seeking a s.106 fair value determination of their shares in Jardine Strategic Holdings Limited following its amalgamation with Jardine Matheson Holdings Limited.
  • Re Myovant Sciences Ltd.: acting for two private equity funds seeking a s.106 fair value determination of their shares in Myovant Sciences Ltd. following its acquisition by the Sumitomo Pharma group.
  • Re China Index Holdings Limited: acting for two private equity funds seeking a s.238 fair value determination of their shares in China Index Holdings following its acquisition by a management-led buyer consortium.
  • Re Trina Solar Limited: acting for Trina Solar (at first instance before the Grand Court of the Cayman Islands) to defend s.238 fair value proceedings that were brought against it following its acquisition by a management-led buyer consortium.
  • Michael Kuczkiewicz v HG (Bermuda) Ltd & Derk Koole v HG (Bermuda) Ltd: acting for former shareholders / employees of the Hay Group global consulting business in respect of their respective claims for additional compensation pursuant to HG (Bermuda) Ltd’s bye-laws following its acquisition by the Korn Ferry group.

Qualifications and Admissions

  • Cayman Islands, Attorney-at-Law, 2019
  • Bermuda, Barrister & Attorney, 2015
  • Bermuda, Notary Public, 2016
  • City, University of London, Post-graduate Diploma in Legal Practice (Distinction), 2014
  • University of Hull, LLB Law, 2013
  • Acadia University, BA Economics, 2009

Prior Career History

  • Claritas Legal, Counsel
  • Collas Crill, Senior Associate
  • Harneys Westwood & Riegels, Associate
  • Hurrion & Associates, Pupil

Professional Associations

  • INSOL, Fellow, Cayman Islands
  • IWIRC Cayman Islands