Mark Rowlands

Called:2009 Lincoln's Inn

Specialisms:Commercial, Property, Public & Human Rights

EDUCATION/QUALIFICATIONS

 

University College London, LLM (Distinction)

College of Law, London, LLB (Graduate Diploma in Law and Bar Vocational Course)

University of Nottingham, MA (Music), BA (Hons) (Music)

 

Inaugural Stephen Guest Writing Prize, UCL Jurisprudence Review (2011)
Eastham Scholarship, Lincoln’s Inn (2010)
Sir Thomas More Scholarship, Lincoln’s Inn (2008)
Hardwicke Scholarship, Lincoln’s Inn (2008)

 

 

PRACTICE

 

Mark joined chambers as a tenant in 2012 having completed his pupillage at a leading set of commercial and Chancery chambers in Lincoln’s Inn. He has a broad practice with particular interest in chancery and commercial work.

 

Prior to coming to the Bar, Mark worked in political public relations, during which he coordinated the local-government media response to the 2006 evacuation of British citizens from Lebanon.

 

Mark undertakes civil work in both a representative and advisory capacity, and also accepts instructions to draft court documents and other formal instruments, including contracts, wills, and leases.

 

Mark’s areas of special interest include unjust enrichment, implied trusts, estoppel, and defamation. Mark has appeared in front of various tribunals from the Property Chamber of the First Tier Tribunal to the Court of Appeal, Civil Division.

 

Commercial

 

All areas of commercial and corporate litigation with particular interest in restitution, assignment of obligations, and equitable remedies.

 

Re A: Advised and drafted proceedings in case concerning equitable assignment of rights under insurance policies, restitution of a mistaken payment, restoration to the Company Register, and assignment of common-law rights of action.

 

K v MBNA: Advised and acted in complex banking claim for breach of contract and restitution involving issues of unauthorised debits, assignment, and limitation.

 

Re X: Advised claimant in high-value construction case involving issues of fraud.

 

S v K: Successfully acted for large catering company in claim engaging issues of unpaid contract sums, unjust enrichment, bailment, and formation of contract, both at first instance and on appeal.

 

S v H: Successfully represented firm of solicitors seeking to recover fees from former client in cross-jurisdictional proceedings.

 

M v B: Advised on application to set aside default judgment and relief from sanctions.

 

Re S: Advised and drafted contracts for a film company in relation to filming in UK and overseas and performing rights.

 

B v M: Represented Claimant and negotiated settlement in complex contract claim engaging issues of unjust enrichment, fraud, misrepresentation, and negligence.

 

T v S: Advised Slaughter & May in relation to applications for security for costs against nominal claimants in the context of high-value and high-profile damages claim.

 

Insolvency and company

 

Particularly directors’ duties, shareholder remedies, and international and cross-border insolvency both personal and corporate.

 

D v J: Advised, drafted documents, and represented respondent to trustee’s high-value preference and undervalue claim; successfully demonstrated that the trustee and his advisors had misunderstood the relevant sections of the Insolvency Act 1986.

 

B (in administration): Advised on defences to contemplated preference claim.

 

Re W: Acted for two creditors in winding-up proceedings, and advised on voluntary liquidations.

 

Re D: Advised and appeared in bankruptcy proceedings in relation to successive bankruptcies, misconduct of trustees, and sale of the family home, at first instance and on a number of appeals.

 

Re H: Advised on the rights of secured creditors and intra-group liabilities in liquidation of a number of group companies.

 

Re A; B v HMRC: Appeared for bankrupts in relation to applications to annul bankruptcy orders.

 

Re Q: Advised a film company directors and shareholders in relation to Companies Acts claims against rogue directors for misconduct and appropriation of company property, and minor-shareholder remedies.

 

M v Registrar of Companies: Successful application to restore a company to the Register of Companies in order to be a party to litigation concerning the equitable assignment of a chose in action.

 

Numerous appearances and advices in relation to complicated preference and undervalue claims, annulment, and other Insolvency Act proceedings.

 

Property

 

All areas of real and personal property law, trusts, and landlord and tenant. W v C: Advised and appeared in high-value appeal concerning pre-action disclosure in dispute relating to prescriptive easement and trespass.

 

B v S: Advised and appeared for claimant in boundary dispute involving detailed analysis of surveyors’ reports and registry entries.

BB v S: Appeared for and advised defendant in commercial property dispute concerning validity of securities and undisclosed agents.

C v A: Advised and appeared in proceedings concerning liability under improvement notices served under the Housing Act 2004.

A v C: Successfully acted for claimant in property dispute concerning commercial premises being used for residential purposes.

V v P: Advised, drafted, and appeared in relation to property dispute engaging issues of equitable subrogation of private individual to discharged rights of a mortgagee bank, registered property, and fraud.

R v D: Advised and appeared on behalf of commercial tenants in complex case involving rights against landlords under the Housing Acts, proprietary estoppel, and constructive trusts.

Re X: Advised and drafted proceedings in complex, cross-jurisdictional mortgage dispute.

J v B: Appeared as junior in appeal concerning fraudulent misappropriation of funds in relation to a large, overseas property-development scheme; advised on merits of application for stay pending appeal.

 

Public International

 

Mark spent two months working for the Treasury Solicitor at Her Majesty’s Foreign and Commonwealth Office in relation to UNCLOS arbitration proceedings in which a Commonwealth state claimed sovereignty over a UK overseas territory, and a judicial-review claim brought by a group of former residents in relation to a UK overseas territory.

 

Other

 

C v SOCA: Advised on and settled grounds for private individual in application to re-open proceedings under the Court of Appeal’s exceptional jurisdiction. Re P: Advised firm of solicitors in relation to powers of attorney.

 

Re X: Urgent advice on planning regulations, routes of challenge of decision of planning authority, and limitation.

 

R v W: Undertook research and legal analysis for defendant in high-profile telephone-hacking case.

 

Mark has provided pro bono advice to professional clients on the rescission of voluntary dispositions, to a community group on claims it may have following the closing of a local library, and to a television production company on the construction of deeds.

 

 

PUBLICATIONS

 

"Arguments from Intuition in Judith Jarvis Thomson's 'A Defence of Abortion' and Ronald Dworkin's Life's Dominion" [2011] UCL Jurisprudence Review 1

 

 

MEMBERSHIPS

Commercial Bar Association (COMBAR)

Chancery Bar Association

 

 

INTERESTS

 

Mark is a keen musician, having studied classical music at undergraduate and postgraduate levels. In 2004 he was awarded the Diploma of the Associated Board of the Royal Schools of Music in piano performance. Favourite composers include Mussorgsky, Ravel, Debussy, Beethoven, Stravinsky, and Bach.