Marc Samuels is a specialist barrister whose practice straddles commercial-chancery and family law. Marc has particular expertise in domestic and offshore trusts matters (including TOLATA and trusts in financial remedy proceedings), as well as company/partnership-related disputes associated with family relationship breakdown. Marc also acts for interveners in family finance cases.
Marc’s practice encompasses trusts of land (TOLATA) claims, as well as the full spectrum of domestic trust, probate, and estate litigation, including claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. In a family finance context, Marc Samuels advises on questions of validity and sham trusts, beneficial ownership, use of trusts as resources, avoidance of dispositions, and jurisdiction.
Marc’s background in heavyweight commercial litigation and arbitration makes him well placed to act in most business disputes ancillary to financial remedy proceedings. He also advises on insolvency and costs.
Prior to joining The 36 Group, Marc practised at leading New York law firms Cleary Gottlieb Steen & Hamilton LLP and Debevoise & Plimpton LLP (where Marc formerly trained as a solicitor). Marc has also provided in-house advice to Lloyds Banking Group (Commercial Banking). Clients that Marc has worked with include global banks, international corporations, private equity sponsors and buy-side investors, various airlines, and the investment arm of an overseas government. Marc regularly advises trustees and estates in contentious and non-contentious administration matters.
- Family Finance – Trusts (e.g. advising on validity and sham trusts, beneficial ownership, jurisdiction, avoidance of dispositions, and use of trusts as resources, as well as acting for trustees joined to financial remedy proceedings)
- Family Finance – acting for Interveners
- Cohabitation/TOLATA 1996 claims
- Inheritance (Provision for Family and Dependants) Act 1975 claims
- Private Client (e.g. wills, probate, and administration disputes; challenges to the validity of wills and exercise of executor/trustee powers; onshore and offshore contentious trusts)
- Costs (e.g. civil and family costs disputes, including appeals of costs orders and SCCO assessment under the Solicitors Act 1974; advising in relation to Calderbank and Part 36 offers).
- Insolvency (e.g. general corporate insolvency and bankruptcy matters, particularly in the context of family proceedings; office-holder claims, void dispositions, transactions defrauding creditors and other asset recovery proceedings; enforcement of costs awards)
- Company & Partnership (e.g. shareholder/partnership litigation; advising on corporate governance; disqualification of directors and unfair prejudice claims; drafting of corporate documentation including shareholder/JV agreements and facility/credit arrangements)
- Commercial (e.g. shareholder/partnership/JV disputes; claims founded on breach of transactional contracts and/or fiduciary duty)
Appointments & Memberships
- The Honourable Society of the Middle Temple
- The Contentious Trusts Association (ConTra)
- Advising a client in relation to economic tort (conspiracy) and contentious trusts claims against her husband and a “family company” holding GBP multi-million investment assets.
- Advising the claimant in relation to restitutionary and breach of trust claims arising out of push payment fraud involving banks in the UK and USA.
- Advising a UK-based technology laboratory on financial regulatory and data protection issues connected with the licensing of a cryptocurrency derivative exchange platform (assisting Dean Armstrong QC)
- Advising a Russian airline on a contractual dispute with a ground handling company pursuant to the IATA SGHA (2013).
- Advising on an appeal of a high-value costs order in circumstances where trustees/personal representatives were stripped of their indemnification (CPR 46PD1).
- Advising a conveyancing firm in respect of a “Friday Afternoon Fraud” involving the hacking of email servers resulting in fraudulent transfers of money.
- Advising on the enforceability of a contract for the design, installation, and service of biomass boilers for an industrial site.
- Representation of a UK top-50 solicitors’ firm in a GBP multi-million dispute concerning the provision of legal advice and disputed fees.
- Representation of a claimant parking management company in a test case impacting over 100 claims which had been universally stayed pending determination of points of contract law and under the Protection of Freedoms Act 2012.
- Representation of several UK solicitors’ firms in client fees actions, including assessment under the Solicitors Act 1974 (Senior Courts Costs Office).
- 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 (with Cleary Gottlieb).
- Representation of an Asian private equity house in a dispute relating to the USD multi-billion acquisition of a retail group (with Cleary Gottlieb).
- Representation of a group of companies in an LCIA arbitration arising out of a demerger agreement governed by English law. The case featured parallel litigation in Bermuda (with Cleary Gottlieb).
- Representation of a high-profile metals and mining corporation in a dispute arising out of a joint venture project involving iron ore mining rights in the Republic of Guinea (with Cleary Gottlieb).
- Representation of the appellant in a landmark arbitration appeal before the UK Supreme Court (Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP  UKSC 35). The appeal determined whether the English Court has jurisdiction to grant an anti-suit injunction in circumstances where no arbitration is intended (with Debevoise & Plimpton).
- Representation of a Japanese automotive company as Claimant in consolidated ICC arbitration proceedings against a German automotive company concerning the unwinding of a EUR multi-billion cross-shareholding transaction (with Debevoise & Plimpton).
- Advising an overseas sovereign body in numerous investment funds transactions. An example secondaries purchase involved an investment aggregating USD 1 billion for interests in 43 funds, negotiating with 17 private equity sponsors (with Debevoise & Plimpton).
Marc is the author of “Commercial Contracts for UK Companies: Formation to Exit”, 1st Edn, (Bloomsbury Professional) (Publ. Dec 2020).