Mark is Counsel in our commercial litigation, insolvency and restructuring practice.

Mark is an experienced offshore commercial litigator, having practiced in Bermuda and the Cayman Islands for more than 8 years. Mark advises on all aspects of commercial litigation with a particular focus on insolvency related matters 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, and minority shareholders.

Mark has appeared before the Grand Court of the Cayman Islands, the Supreme Court of Bermuda and the Court of Appeal for Bermuda.

Mark’s case highlights include:

Merger Appraisal et al

• 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 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 Argo Group International Holdings Ltd.: acting for a number of private equity funds seeking a s.106 fair value determination of their shares in Argo insurance company following its acquisition by Brookfield Reinsurance.
• 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. Prior to commencing the s.238 proceedings an application had to be made to the Grand Court for orders compelling CIH to amend its register of members as it was improperly refusing to do so and thereby blocking the funds from having standing to petition under s.238.
• Re Trina Solar Limited: acting for Trina Solar (at first instance in proceedings before the Grand Court) to contest s.238 fair value proceedings that were commenced in respect of its acquisition by a management-led buyer consortium.
• Advising a large private equity firm in relation to its minority shareholding in Silicon Motion Technology Corporation following SiMo’s failed acquisition by MaxLinear Inc., which included advice in relation to the availability of specific performance and the measure of damages in ‘buyer’s remorse’ cases.

Insolvency & Restructuring

• Re TCA Global Credit Fund, Ltd. (in Official Liquidation): acting for a minority shareholder/creditor of TCA Global Credit Fund (a Cayman feeder fund) in successfully applying for the winding-up of the fund. Acting for the liquidators of the fund following their appointment. The matter involved a separate, and competing, U.S. receivership which gave rise to a number complex issues of cross-border insolvency law and international cooperation.
• Re Grand State Investments Limited: acting for a non-controlling shareholder seeking to wind-up Grand State Investments for failing to pay a redemption request.
• Re Up-Energy Development Group Limited: acting for minority creditors of Up-Energy Development Group that were supporting winding-up proceedings before the Supreme Court of Bermuda in circumstances where the company sought repeated adjournments of the winding-up petition so as to pursue a restructuring.
• Re Z-Obee Holdings Limited: advising Z-Obee Holdings in respect of its application to appoint restructuring provisional liquidators in circumstances where the Hong Kong High Court lacked the power to do so.
• Re Haitian Energy International Limited: advising the provisional liquidators of Haitian Energy Limited who were initially seeking to restructure the company before putting it into official liquidation.

Commercial Litigation

• 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) defending claims brought by the funds’ liquidators seeking to recoup various management fees and payments out of the funds.
• Advising Hermes International Fund and Thema Fund (major European-based Madoff feeder funds) in respect of claims against HSBC for breach of duties owed as the funds’ custodian.
• Global Distressed Alpha Capital I Limited v AAAF Management Ltd. et al: advising the Global Distressed Alpha Capital I fund in respect of claims against its former directors for alleged misappropriation of fund assets, which included advising on the effect of directors’ indemnity provisions.
• Michael Kuczkiewicz v HG Bermuda Ltd; Derk Koole v HG Bermuda Ltd: advising former minority shareholders of HG Bermuda Ltd in respect of claims for higher compensation owed pursuant to the company’s bye-laws, which included advising on the enforceability of restrictive trade covenants / non-compete clauses. The matter was funded by third-party litigation funders with the benefit of ‘after-the-event’ insurance.
• Carlos Magno, Nery E Medeiros Sociedade de Advogados (as Judicial Administrator of the Insolvent Estates of SAM Indústrias SA, Boulder Participações Ltda & Mr Daniel Birmann) v Trident Trust (Cayman) Limited: acting for a Brazilian judicial administrator to obtain Norwich Pharmacal relief against a Cayman Islands fiduciary business in order to confirm the beneficial ownership of assets a Brazilian debtor was trying to conceal.

Prior to joining Claritas in May 2024 Mark worked for global offshore law firms Collas Crill (Cayman) and Harneys (Cayman and Bermuda). Mark undertook his pupillage at boutique litigation firm Hurrion & Associates (Bermuda).

Admissions

• Bermuda, Barrister & Attorney 2015 (not practising)
• Bermuda, Notary Public 2016
• Cayman Islands, Attorney-at-Law 2019

Education

• City, University of London, Post-graduate Diploma in Legal Practice (Distinction), 2014
• University of Hull, LLB Law, 2013
• Acadia University, BA Economics, 2009

Professional Memberships

• Cayman Islands Restructuring and Insolvency Specialists Association
• International Women in Insolvency and Restructuring Confederation