Commercial disputes lie at the heart of Marc’s practice. Whilst his caseload frequently involves larger claims and legal teams, he is an experienced advocate and is regularly instructed as sole counsel.

Marc advises business clients in a range of commercial contract and related matters, including: disputes arising out of complex transactional documents, fraud, shareholder and joint venture disputes, and sale of goods and warranty claims. He also has excellent knowledge of the law relating to directors’ duties and the bonuses and commissions of senior officers and employees. Many of these matters raise questions of jurisdiction and governing law and require interim injunctive relief.

Significant cases that Marc has worked on include:

• Representation of a private equity house in a dispute relating to the USD multi-billion acquisition of a grocery and general merchandise retailer.
• Representation of a bank in a USD multi-million dispute with a private equity fund of funds. The case concerned the interpretation of a financial instrument executed in connection with a UK public takeover offer. The dispute was successfully resolved through mediation.
• Representation of a group of companies in a claim arising out of a demerger agreement governed by English law. The case featured parallel Bermuda court proceedings.
• Representation of a South American company operating in the motor racing industry. The dispute concerned certain English law-governed distribution and engine purchase transactions executed with a UK supplier.
• Representation of a high-profile metals and mining corporation in a dispute arising out of a West African joint venture project.
• Representation of claimants in proceedings relating to the construction of a gas processing plant, pipelines and major facilities in North Africa.
• Representation of the appellant in a landmark arbitration appeal before the Supreme Court. The case determined the hitherto uncertain interplay between the Arbitration Act 1996 and the court’s inherent jurisdiction to grant injunctive relief (Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35).
• Representation of a major automotive corporation in consolidated ICC London arbitration proceedings relating to a EUR multi-billion cross-shareholding transaction.

Marc’s expertise in company law and corporate governance enables him to deliver innovative strategies and real-world solutions to the most complex transactions and disputes involving companies.

Marc advises companies and directors in relation to unfair prejudice claims under section 994 Companies Act 2006, breach of fiduciary duty, and other claims of mismanagement. He also handles disputes involving joint ventures, M&A and corporate reorganisations, directors’ duties, and corporate regulation. In addition, Marc has advised social enterprises on issues of incorporation and structuring, having formerly provided pro bono assistance at a legal advice clinic launched by LawWorks in collaboration with UnLtd, a foundation for social entrepreneurs.

Marc’s company law practice is complemented by extensive transactional experience, including as a seconded advisor to Lloyds Banking Group (Commercial Banking).

Notable transactions that Marc has worked on include:

• Representation of an overseas sovereign body in numerous investment transactions. An example secondaries purchase involved an investment aggregating USD 1 billion for interests in 43 funds with 17 private equity sponsors.
• Various aircraft acquisition and leasing transactions. An example involved acting for American Airlines in respect of its agreements with Bombardier and Embraer to purchase a fleet of regional jets.
• Representation of numerous private equity fund sponsors in connection with fund formation and ongoing operational issues.

Marc handles all aspects of insolvency relating to companies, partnerships and individuals including: bankruptcy proceedings, administrations, liquidation of companies, and disqualification of company directors. Marc also handles court proceedings relating to wrongful and/or fraudulent trading and recovery of assets, as well as claims involving transactions at an undervalue.

Associated areas of interest include: unfair prejudice claims, derivative actions, solvent and insolvent schemes of arrangement, capital reductions, and matters involving companies’ securities.

Marc has advised on a range of banking and financial services disputes. Particular areas of interest include: the enforcement of loan agreements, guarantees, charges, and credit documentation; financial services regulation and claims relating to the sale of derivatives; as well as general banking disputes, including debt claims.

Recent experience includes:

• Representation of a bank in a USD multi-million dispute with a private equity fund of funds. The case concerned the interpretation of a financial instrument executed in connection with a UK public takeover offer.
• Providing in-house advice to Lloyds Banking Group (Commercial Banking) on financial regulatory matters.
• Advising a high-profile UK bank in relation to numerous allegations of mis-selling derivative products. Advice focussed on issues arising in the context of the FCA’s Conduct of Business Sourcebook, MiFID, and the FCA Review of Interest Rate Hedging Products.
• Assisting a UK bank in a multi-million pound derivatives case in the early stages of litigation.
• Various aviation finance and acquisition matters for clients including American Airlines.
• A complex multi-jurisdictional refinancing for a global manufacturer and supplier of consumer packaging products.

Marc’s private client practice encompasses probate disputes, family provision claims, administration of estates and contentious trusts matters of all kinds (onshore and offshore), and associated professional negligence claims. Marc also undertakes related property, insolvency and general commercial litigation in the High Court and the county courts. Marc has particular knowledge of:

• Inheritance disputes, including 1975 Act claims;
• Contested probate proceedings, including challenges to the validity of wills; and
• Applications to remove executors and trustees, and disputes involving alleged breach of trust and fraud.

Marc also advises on non-contentious matters relating to trusts and estates. This includes advice on proving a disputed will, as well as applications to widen trustees’ power of investment. Marc is particularly interested in trustees’ duties and exercise of powers. He is also able to advise on construction and rectification of trusts.

Marc’s property practice covers disputes as to legal and beneficial ownership, conveyancing and the sale of land, easements, restrictive covenants, adverse possession, boundary disputes, land registration, mortgages, defective buildings, construction and engineering contracts.

Marc also has extensive experience of planning and infrastructure disputes. He is particularly acquainted with regeneration projects and major infrastructure schemes and is regularly instructed in planning appeals. Areas of practice include: compulsory purchase and compensation, stopping-up/diversion of highways, planning and enforcement appeals before the High Court and public inquiries, and the negotiation of planning conditions and section 106 agreements.

Recent experience includes:

• Representing a public body in a lengthy inquiry determining the expansion of London City Airport. Former Mayor of London Boris Johnson “called-in” proposals for the large-scale infrastructure project, which became subject to a public inquiry involving parties including London City Airport, the GLA, Hacan East, and Friends of the Earth.
• Representation of clients in planning appeals, both by way of public inquiry and under the written representations procedure.
• Numerous High Court applications for injunctive relief pursuant to Section 187B Town and Country Planning Act 1990.
• Advising a prominent London authority on CPOs and stopping up/diversion matters, as well as negotiation of section 106 agreements and planning conditions.