Mark Harper

Practice:

Commercial litigation (especially banking and guarantee disputes).
Sports related commercial disputes including advice and representation in connection with claims before professional sporting bodies and tribunals.
Personal and corporate insolvency.
Professional negligence of solicitors.
Business and residential landlord and tenant law.
Partnership disputes.
Company law (especially shareholder disputes).
Banking.
General chancery.
Employer / employee restraint of trade /confidential information.
Company Director Disqualification
Public Interest Winding up Proceedings

Profile:

Mark's practice encompasses commercial litigation (with particular emphasis on banking and guarantee disputes, and sports related disputes including representing and advising clients in relation to claims and hearings before professional sporting bodies and tribunals), personal and corporate insolvency, professional negligence of solicitors, partnership disputes, company law (especially shareholder disputes), general chancery and employer / employee restraint of trade and confidential information claims.

Mark has been consistently mentioned as a leading junior in Chancery and Commercial litigation on the Northern Circuit in Chambers Guide to the Legal Profession and as a leading junior in commercial litigation in the Legal 500.

Mark has a particular specialism in and experience of Company Director Disqualification and Public Interest Winding Up Proceedings having appeared for both the Secretary of State, directors and companies. In relation to his Company Director Disqualification work he has appeared as junior counsel in 2 of the recent leading cases in this area arising out of the World of Leather (and Uno Plc) and the Accident Group insolvencies.

Significant Reported Cases:

Office of Fair Trading v Miller [2009] EWCA Civ 34 (Contempt Proceedings arising out of a breach of an order obtained under Stop Now Regulations involving consideration of how to interpret the requirements to be established to prove breach of the order).

Nigel Fryer Joinery Services Ltd v Ian Firth Hardware Ltd [2008] EWHC 767 (Ch); [2008] 2 Lloyd’s Rep 108 (Claim for compensation under Commercial Agents Regulations including issues of whether not C was a commercial agent and whether or not D was entitled to and did repudiate agreement avoiding liability for compensation).

Secretary of State v Thornbury (2008) 1 BCLC 139 (Company Director Disqualification Proceedings – director absent from head office of company on company business liable and unfit due to other directors’ failure to pay crown debts).

Anglo Overseas Limited – E01090 – VAT Tribunal Manchester (Liability of innocent guarantor for unpaid excise duty assessed under DSMEG Regulations 3 and/or 4).

Official Receiver v Watson & Langford [2008] EWHC 64 (Ch) (acted in proceedings under the Company Directors Disqualification Act 1986 on behalf of the former Finance Director of the Accident Group)

Forrest & Sons Ltd v CGU Insurance [2006] Lloyd's Rep I.R. 113 (material non-disclosure in insurance contract)

Secretary of State for Trade & Industry v Gill [2004] EWHC 175 (amendment of allegations in directors disqualification proceedings)

Re UNO Plc and World of Leather Plc [2004] EWHC 933 [Directors Disqualification Proceedings concerning the taking and retention of customer deposits]

HM Commissioners of Customs & Excise v Anglo Overseas Limited [2004] EWHC 2198 [disputed winding up petition in relation to assessments raised based on EU movements of alcohol alleged to have been sold out of bond]

Lavelle v Lavelle [2004] EWCA (Civ) 223 [Presumption of Advancement]

First Quench Retailing Limited v Whitbread Plc [2004] EWHC 366 [rectification claim where the error the subject of the claim was the subject of a non-actionable warranty]

Russell v Finn [2003] EWCA (Civ) 399 [construction of an express grant of a right of way]

Mulvaney v Jackson, Holmes & Gough [2002] EWCA (Civ) 1078 [whether right to use land as communal garden capable of being an easement]

Conroy v Kenny [1999] 1 WLR 1340 (money-lending)

Fortman Holdings v Modem Holdings (CA) (construction of accelerated payout claim)

New Hampshire Insurance Company v Rush & Tompkins Group plc [1998] 2 BCLC 471 (winding up of an unregistered company)

Manchester CC v Halstead [1998] 1 All ER 33 (CA) (interest on compensation under s11 Compulsory Purchase Act 1965)

Recommendations:

Chambers UK 2010
Mark Harper is noted for his "punchy style" and "direct arguments that always focus on the key issues."  Solicitors assert that his efforts are "truly remarkable." 
Impresses clients with his "calm and persuasive approach."
Clients particularly like him as he is "a bright and articulate barrister who cuts directly to the chase."

Chambers UK 2009
The "no-nonsense" Mark Harper "gets excellent results" in chancery and corporate work such as shareholder and derivative claims and sports-related matters.
Clients describe Mark Harper as "commercial and successful." 
Mark's broad chancery practice encompasses partnership matters.  He is especially applauded by clients for his capacity to handle disputes.

Chambers UK 2008
Mark Harper is "a practitioner you can thoroughly rely on," whose affable nature makes him a great team player.
"A perennial favourite" for many clients.

Chambers Guide 2006:
Recommended under commercial litigation "On the banking and financial services side, Mark Harper is a "forceful presence, demonstrating a pragmatism that settles cases quickly""

Legal 500 2009:
"has built a strong following for sports-related disputes"

Legal 500 2008:
"Mark Harper's Chancery and commercial litigation practice has developed very strongly"

Legal 500 2007:
"his corporate and personal insolvency practice continues to prosper"

Legal 500 2006:
Recommended under Commercial Litigation "Mark Harper is extra ordinarily busy and has specialised early in banking work"

Memberships:
 Chancery Bar Association
Northern Chancery Bar Association
Northern Circuit Commercial Bar Association
Northern and North Eastern Circuits

Career & Education:

University:

Degree:

Called:

Joined Chambers:

 

Cambridge [Downing College]
LawMA
1993 (Lincoln's Inn) Hardwicke Scholar

1993

 


 

Mark Harper

Year of Call: 1993  

Pupillage Liaison Officer  

Specialises In:
Chancery & Commercial

Clerked by:
 Gary Young

Chambers UK

 

 

download
profile