Mark Arnold
Year of birth:
1965
Contact details:
Telephone +44 (0)20 7696 9900. Fax +44 (0)20 7696 9911. LDE 338 (
Email clerks@southsquare.com. Web
www.southsquare.com
Education:
MA (Cantab):
Scholarships & awards:
Graystone Exhibition (
Astbury scholarship (
Professional career:
Called to the Bar (
Member of the Commercial Bar Association (COMBAR)
Member of the Chancery Bar Association
Areas of Practice:
Business and financial law, with a wide experience of all aspects of corporate insolvency and reconstruction, personal insolvency and chancery/commercial litigation, including banking, company law and professional negligence.
Instructed in connection with many
insolvencies of the 1990s, including ILG, Polly Peck, BCCI and Maxwell. More
recently involved in insolvency and restructuring in companies in the energy sector (TXU 2003-6), the telecommunications sector (Dolphin Telecommunications 2001-2, Marconi), insurance (Drake), and more generally (Railtrack).
Over the last twelve months (to July 2007), instructed in relation to several major restructurings, including Eurotunnel (on behalf of Law Debenture Trustees Limited); Dana (restructuring of the pension liabilities of the UK Dana companies); and Schefenacker (on behalf of the second lien lenders)
Important cases include:
Elliott International LP and others v Law Debenture Trustees Ltd [2006] EWHC 3063 (Ch)
Sisu Capital Fund Ltd v Tucker [2006] 1 All ER 167 (recoverability of costs incurred by officeholders in successfully defending proceedings)
Sisu Capital Fund Ltd v Tucker [2005] EWHC 2170 (Ch) (dismissal of (i) challenges to CVAs on grounds of alleged unfair prejudice and material irregularity and (ii) applications to remove officeholders)
Beximco Pharmaceuticals Limited & others v Shamil Bank of Bahrain EC [2004] EWCA Civ 19 (construction of governing law clause in Islamic banking agreements)
Re UK (AID) Limited [2003] 2 BCLC 341 (dismissal of a winding-up petition which was found to be disputed in good faith on substantial grounds)
Woodland-Ferrari v UCL Group Retirement Benefits Scheme [2003] Ch 115
HSBC Bank plc v Liberty Mutual Insurance Company (UK) Ltd [2002] EWCA Civ 691
HSBC Bank Plc v Liberty Mutual Insurance Company (UK) Ltd (The Times, 11th June 2001), Patten J. (Construction of banking/insurance contractual documents)
Liberty Mutual Insurance Company UK Ltd & Another v HSBC Bank Plc [2001] Lloyd’s Reports (Banking) 224, Morritt V-C. (Construction of insurance bonds/subrogation)
Cork v Rolph (The Times, 21st December 2000), Neuberger J. (Replacement of office-holder who intends to continue to practise as an insolvency practitioner. Notification of creditors by advertisement rather than by separate letter. Equity Nominees procedure modified)
Atlantic & General Investment Trust Ltd v Richbell
Information
Glenister v Rowe [2000] Ch. 76; [1999] 3 WLR 716; 3 All
ER 452 (CA)
(Claim for costs incurred before bankruptcy but not awarded until after
discharge does not constitute a contingent debt)
Richbell Information
(Application by overseas company for s. 127 relief in respect of proposed
disposition of choses in action and/or transfer of conduct of litigation and
share in any recoveries)
Bank of Credit and Commerce International (Overseas) Ltd v. Price Waterhouse [1997] 4 All ER 108 (Sovereign immunity accorded to HH Sheikh Zayed, President of the UAE)
Applied Data Base Ltd v. Secretary of State for Trade & Industry [1995] 1 BCLC 272
New Bullas Trading Co Ltd [1994] BCC 36 (CA)
RMCA Reinsurance Ltd [1994] BCC 378
Mac-Jordan Construction Ltd v Brookmount Erostin Ltd [1992] BCLC 350 (CA)
Re