|
Year of Call: 1990
Education: LLB Hons
Email: mwg@13oldsquare.com
Areas of practice
Mark practices in the areas of banking, insolvency, corporate
law, commercial fraud and private international law.
Dual qualified as an accountant, he is the author of "Watson-Gandy
on Accountants" and the ICAEW Guide "Tax Advocacy".
He is a Visiting Professor at the University of Westminster (Corporate
Finance Law).
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 – (Banking, Insolvency, Tax,
Company, JR) Provincial Panel (2000)
- Visiting Professor, University of Westminster (Corporate Finance
Law)(1999)
Reported cases and recent work
-
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.
-
Feetum v Levy (2006) The Times, 2nd January: bar on administrative
receivers under Enterprise Act 2002; £50m project finance
exception.
-
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 Nurse Prescribers) v Department of
Health [2004] All ER (D) 332: judicial review of refusal to
restrict nurse prescribing for branded salines. Led by Monica
Carss-Frisk QC.
-
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.
-
Ioannou v National Greyhound Racing Club: represented the trainer
of a Greyhound Derby winner on doping charges.
-
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.
-
Gopee v Beat [2001] BPIR 258: “ten-year old director”
case (featured in the London Evening Standard); representing
wife in her claim in the bankruptcy.
-
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.
-
The Society of Lloyds v Khan [1998] 3 FCR 93, [1999] 1 FLR
246, [1999] Fam Law 92: undue influence; Lloyd’s Names
litigation.
-
Lancaster v Bird (1999) The Times 9 March, (2000) 2 TCLR 136,
(2001) 73 Con LR 22: Court of Appeal case over whether there
was an implied term in a building contract that VAT was inclusive
or additional to a quoted price.
-
R v MacDonald and Commissioners of Inland Revenue ex parte
Hutchinson (1998) The Times 6 July, (1998) 454 Tax Journal 5,
[1998] STC 680, [1998] BTC 217: judicial review to restrain
oppressive Inland Revenue investigation. Led by Robin Matthew
QC.
-
Re Dayglen Ltd, Secretary of State for Trade and Industry v
Cachra (1998) LTL 24 August, (1999) LTL 12 October, (2000) Mithani
on Director’s Disqualification Case Materials: directors
disqualification (led by Romie Tager QC).
-
Citadel v Equal, LTL 16 July 1998: contempt; breach of a $17.5
million solicitor’s undertaking.
-
Elliott v The Hollies LTL 14 August 1997, [1998] 1 BCLC 627:
shareholder case over ownership of a pop group of the 1960’s
and 1970’s.
-
Malhotra v Dhawan (1997) LTL, 28 April (CA), (1997) 8 Med LR
319: case arising from the dissolution of an accounting practice
over the implication of the destruction of accounting files.
Led by Robin Matthew QC.
Publications
- Watson-Gandy on Accountants: Law Practice and Procedure
- Butterworths Corporate Law Service - Co-editor
- Beyond the Peradventure
- Thomson Tax Guide (co-editor - 1998, Avoidance, Evasion and
Tax Investigations)
- Tax Advocacy, ICAEW Tax Digest - 2000
- Assistant Editor - Family Court Reporter law reports (1993-1998)
- Local Government Editor - Justice of the Peace (est 1837 -"The
JP") (1994-1999)
- 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, (TEP) – STEP (Society of Trust & Estates Practitioners)
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)
Institute of Heraldic & Genealogical Studies – (Chairman
of the Court of Trustees 2004)
|
