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Mark Watson-Gandy
Year of Call: 1990
Education: LLB Hons
Email: mwg@13oldsquare.com
Areas of practice
Mark practices in the areas of insolvency, company, banking and private international law.
He is the author of "Watson-Gandy on Accountants" and “Corporate Insolvency Practice: Litigation Practice and Procedure”. He is one of the Editors of the Butterworths Corporate Law Service.
He is a Visiting Professor at the University of Westminster and a Visiting Lecturer at Cass Business School, City University.
He was a finalist in Credit Today magazine’s Insolvency and Rescue awards in 2009 and 2010 as “Barrister of the Year”
His Holiness Pope Benedict knighted him in recognition of “his work as a barrister and law professor for the Catholic Church” in 2007 (Knight of the Order of St Gregory of the Great).
Appointments
- Member, Bar Council’s panel of Young Spokesmen for the Bar (2004)
- Prosecuting Counsel - Department of Trade & Industry (1999-2002)
- Junior Counsel to the Crown (Crime) - London & South East B List (2002), A List (2003-2006)
- Junior Counsel to the Crown – Provincial Panel (2000)
- Visiting Professor, University of Westminster (Corporate Finance Law)(1999)
Reported cases and recent work
- Kaupthing Capital Partners [2010] All ER (D) 191 (validity of the administration of the investment fund of Iceland’s largest Bank)
- Re Marrache [2010] (specially admitted to the Gibraltar Bar to appear as leading counsel in this high profile bankruptcy case before the Gibraltar Court of Appeal).
- Papal Visit [2010] – Counsel for the Bishops’ Conference on the Papal Visit.
- R (Singh) v HMRC [2010] All ER (D) 39, [2010] UKUT 174 (TCC); [2010] B.T.C. 1548; [2010] S.T.I. 1723 Acted for Her Majesty’s Revenue and Customs on this case on the effect of bankruptcy on a tax judicial review.
- Watersheds v DaCosta [2009] All ER (D) 140 (Feb) (financial services and the recoverability of corporate finance finders fees)
- Tamil Nadu Electricity Board v ST-CMS (2008) Lloyds Rep 93 private international law and arbitration agreements - £170m dispute over building of a power station in India. Led by Steven Gee QC.
- Feetum v Levy (2006) The Times, 2nd January: bar on administrative receivers under Enterprise Act 2002; £50m project finance exception. Led by John McDonnell QC.
- Dubai Financial Services Authority - Assisted in the drafting of new regulations governing the profession of auditor in Dubai.
- Khan v Nallamothu [2005] All ER (D) 60 “Company hi-jack” case.
- Joan Collins v Citroen Wells. Represented the film actress, Joan Collins, in her tax negligence claim.
- Society of Lloyds v Levy [2004] All ER (D) 1860 (Comm): Lloyds Names challenge to premium claims under the Audit Directive.
- R (on the application of Barnett) v Inland Revenue Commissioners [2003] All ER (D) 429, [2003] SWTI 1875: judicial review over the powers of the general commissioners on tax appeals.
- Swindon Town Properties v Swindon Town Football Club (2002) LTL 4th July, [2003] BPIR 253: challenge to a CVA for football team; effect of CVA on the rights and remedies of a debenture holder.
- DTI v Daniel (2002) The Times 8th April, (2002) All ER (D) 354, (2002) Law Society Gazette 16th May, 31, (2002) 146 SJLB 93: acted for DTI both at first instance and before the Court of Appeal in this human rights test case on the reverse burden of proof in bankruptcy prosecutions. Led on appeal by James Eadie.
- Re Windows West Ltd, Official Receiver v Zwirn [2002] BCC 760, (2001) LTL 26th July; Mithani on Director’s Disqualification Newsletter, 12th September 2001: directors disqualification; unsuccessful attempt to use the Duomatic principle to avoid director’s responsibility for 6 phoenix companies.
- Berlusconi v The Economist: advised Silvio Berlusconi in claim for libel against the Economist over allegations that he was unfit to be Prime Minister of Italy and had links with the Mafia.
- R v Beavis (2001) The Times 8th February, [2001] 2 Cr App R (S) 49: acted for the DTI in the Court of Appeal; sentencing of offences in a company liquidation under section 208 Insolvency Act 1986.
Publications
- Corporate Insolvency Practice: Litigation Practice and Procedure -2010.
- Watson-Gandy on Accountants: Law Practice and Procedure
- Butterworths Corporate Law Service - Co-editor
- Tax Advocacy, ICAEW Tax Digest - 2000
- Editor - Litigation (1994-1998)
- Contributing Editor - European Current Law (1998-2000)
- Columnist - City (“The Mark Watson-Gandy Column”) (1998-2000)
- Columnist - Business Money ("Counsel's Opinion") (1997 to date)
Memberships
Member, Chancery Bar Association
Member, ICAEW's Corporate Finance Faculty and President's Panel (Holds Institute's Corporate Finance Qualification)
Member, Association Business Recovery Professionals, R3
Associate, Professional Advisory Panel, Institute of Financial Accountants
Associate, Association of International Accountants
Institute of Certified Bookkeepers – (Fellow – 1997, Head of Professional Standards 1998)
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