Mark Harper
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Year of Call: 1993
Mark was educated at Arnold Hill Comprehensive School (Nottingham) and Downing College, Cambridge (BA (Hons) Law).
He is a Hardwicke Scholar of Lincoln's Inn.
Practice Areas
Sport
Mark's Dispute Resolution Practice involves sports related disputes and his experience in this regard is illustrated by his successful representation (with Paul Chaisty QC) of Wayne Rooney in his dispute with his former management company, Proactive (Proactive v Rooney & others 2010 EWHC 1807 (QBD)) and his claim that his Image Rights Representation Agreement with them was unenforceable and void as an unreasonable restraint of trade. The case involved consideration of (among other issues) image rights in relation to professional footballers, the payments properly payable in respect of image rights, whether or not it is appropriate for commission on image rights payments to be at a greater rate than that payable in respect of payments paid under a playing contract; and whether or not the greater length of an image rights representation agreement could be used as a means of avoiding the FA/FIFA limit of 2 years on player representation agreements.
Following on from his involvement in this litigation Mark was and is retained on behalf of Wayne Rooney and a number of other present or former Premier League Football Players in advising and representing them in proceedings against the Financial Advice arm of their Management Companies in relation to the mis-selling of investments in Charlotte Harbour (Florida) and Monte-Resina (Spain). Fundamental to the proceedings are a consideration of wealth management issues in relation to football players at both ends of the Premier League pay-scale from its inception to the present day.
Mark is currently retained and advising a leading multi-national sports nutrition product manufacturer in relation to (a) a claim brought against it by a professional rugby player in which it is alleged that a product contained banned substances the taking of which resulted in a professional ban for the player and (b) a potential claim by a National Rugby Association in relation to similar allegations.
Mark's practice also encompasses providing advice and representation in relation to (a) proceedings before Sports Tribunals; (b) arbitrations; (c) challenges in the Courts to the disciplinary decisions of Sporting Bodies (including applications by disciplined clubs to be reinstated to competitions or leagues); (d) contractual disputes between players and clubs etc.
Additional Cases
1. Bolton Wanderers FC v Middlesborough FC - Premier League Arbitration in relation to fees due following transfer of Michael Ricketts and construction of words "live Sky Games" in a transfer contract.
2. Hemmingborough Cricket Club v Yorkshire & District Senior Cricket League - acting on behalf of the League in opposing an application for an injunction and a claim for damages following the decision by the League to exclude the Club from the competition pursuant to the disciplinary procedures of the League.
3. Hunslett Warriors Amateur Rugby League Football Club v (1) National Conference League and (2) British Amateur Rugby League - acting on behalf of the Leagues in successfully opposing an application for an injunction by the club to be reinstated in the Leagues following their demotion pursuant to the disciplinary procedures of the Leagues.
4. A.J. Sullivan v St. Helens RFC - acted on behalf of the player in this contractual dispute with his club over an entitlement to a testimonial bonus.
5. Denis Betts v Wigan Rugby League Football Club - acted on behalf of the player/coach pre-litigation in a contractual dispute with his club.
6. Source Lab Ltd v Sheffield Wednesday Football Club - acted on behalf of the football club in a contractual dispute with its kit supplier in which it alleged (among other things) that items of kit supplied were not suitable for the needs and requirements of professional football players.
Reported Cases
1. Proactive Sports Management Limited v Rooney [2011] EWCA Civ 1444 - (acting for Wayne Rooney (lead by Paul Chaisty QC) in successfully upholding the first instance decision that his Image Rights Representation Agreement was an unreasonable restraint of trade).
2. Dave Whelan Sports Limited v JJB Sports Plc [2012] EWCA Civ 96 - (construction of a Business Sale & Purchase Agreement and an apportionment clause therein)
3. Proactive Sports Management Ltd v Rooney & Others [2010] EWHC 1807 (QB) (restraint of trade in the context of an agreement between football player and agent)
4. Office of Fair Trading v Miller [2009] EWCA (Civ) 34 (committal proceedings in the context of breaches of Stop-Now Orders)
5. Nigel Fryer Joinery Services Limited v Ian Firth Hardware Limited [2008] EWHC 767 (Ch) (issues of repudiation and compensation entitlement under the Commercial Agents Regulations)
6. Anglo Overseas Ltd v Revenue and Customs Commissioners [2008] V. & D.R. 71 (liability of innocent guarantor for unpaid excise duty in relation to "slaughtered" consignments)
7. AG (Manchester) Ltd (formerly Accident Group Ltd) (In Liquidation), Re[2008] EWHC 64 (Ch); (acting for former Finance Director of the Accident Group in relation to Directors Disqualification Proceedings)
8. Secretary of State for Trade & Industry v Thornbury [2008] BCC 768 (Crown Debts allegation in Directors Disqualification Proceedings)
9. Forrest & Sons Limited v CGU Insurance Plc [2006] Lloyd's Rep. I.R. 113 (variation of risk, alterations, disclosure in relation to insurance contract)
10. Customs & Excise Commissioners v Anglo Overseas Ltd [2004] EWHC (Ch) 2198 (disputed winding up petition in relation to unpaid excise duty claimed from innocent guarantor following "slaughtering" of consignments)
11. Secretary of State for Trade & Industry v Gill & others [2006] BCC 725 (Directors Disqualification Proceedings arising out of insolvency of World of Leather and Uno)
12. First Quench Retailing Limited v Whitbread Plc [2004] EWHC 366 (Ch) (rectification)
13. Lavelle v Lavelle [2004] EWCA Civ 223 (presumption of advancement)
14. Secretary of State for Trade & Industry v Gill & others [2005] BCC 24 (amendments in Directors Disqualification Proceedings)
15. Russell v Finn [2003] EWCA Civ 399 (right of way)
16. Mulvaney v Gough [2003] 1 WLR 360 (CA) (easement - enjoyment of garden)
17. Fortman Holdings Ltd v Modem Holdings Ltd [2001] EWCA Civ 1235 (construction of accelerated payment(s) clause)
18. Conroy v Kenny [1999] 1 WLR 1340 (money-lending)
19. Halstead v Manchester City Council [1998] 1 All ER 33 (interest on CPO compensation)
Recommendations
Mark Harper is praised as "client-focused" whilst having "a great mind for strategy." Peers admire him as "an impressive opponent who is a pleasure to be up against in court." - Chambers UK 2012
Mark Harper is a "very personable" junior with an excellent reputation in this sector - Chambers UK 2012"
A very competent draftsman and an extremely able advocate" - Legal 500 2011
'An "outstanding junior" who has "a great personal touch with all manner of clients" Chambers UK 2011
'The "first-rate" Mark Harper is another leading junior, and he earns praise for his "hard work, fine intellect and down-to-earth approach." He is particularly strong on banking and sports-related disputes.' Chambers UK 2011
'Mark Harper is a market favourite.' Chambers UK 2011
Education
Mark was educated at Arnold Hill Comprehensive School (Nottingham) and Downing College, Cambridge (BA (Hons) Law).
He is a Hardwicke Scholar of Lincoln's Inn
