Mark Whittell

Expertise

Mark is expert at resolving commercial disputes, having practiced in commercial and insolvency litigation for over 25 years. During that time he has advised businesses on an extensive range of disputes ranging from general commercial disputes, providing advice in shareholder dispute cases and warranty claims and where necessary pursuing professional advisers for their negligence.

Mark specialises in obtaining injunctions for clients in crucial situations from search and seizure orders to freezing assets or restraining competitors from improper trading as recognised recently in the International Acquisition 2014 Dispute Resolution when GC received the award for Injunction Specialist Law Firm of the Year for the UK. Mark has also specialised in insolvency litigation acting for the insolvency practitioners and banks and directors who face issues arising from the insolvency of those companies

Mark became a mediator in 2000 and has conducted numerous mediations either for clients as the lead negotiator, or as the mediator in a wide range of areas. More recently he has moved in to the field of workplace mediation, advising companies and partnerships solving issues relating to internal conflict. Also, he is now a leader in the new and innovative team mediation.

Mark Advises

• SME company directors
• The boards of large plcs
• Insolvency practitioners
• Solicitors

Experience Highlights

• Acting for Trustee in Bankruptcy in multi-million pound asset tracing claim through the Channel Islands, Cayman Islands, BVI and USA
• Advising on use of mediation in commercial cases and acting as lead negotiator
• Coordinating  the recoveries for a major clearing bank cross border, including recovering monies from surveyors for professional negligence, breaches of warranty claims from former vendors and claims against the accountant who provided the due diligence
• Advising directors on issues arising from the liquidation of its Spanish subsidiary and the issue arising in England and defending claims brought against directors and preventing proceedings under the Company Director Disqualification Act 1986
• Obtaining evidence of theft by company employee, obtaining freezing order over the employee’s assets, recovering assets, committing the employee to a term of imprisonment for 8 months for contempt of court, and pursuing co-conspirators
• Advising on commercial disputes, the effect of the standard terms and conditions and pursuing the litigation to a successful conclusion
• Conducting investigations into conduct of partners and removing partners from partnership

Seminars

• Risk Management and its role within litigation claims
• Corporate Manslaughter
• Chair of the Inaugural Annual Conference for the Risk and Compliance Section of the Law Society
• Embedding a risk management culture in a law firm
• Risk Management
• Mediation – good, bad and ugly practices
• Shareholder Disputes and the use of mediation
• Inheritance Act Claims and contentious probate issues

Career History

Previous Law Firms

• J&WH Sale and Son, Glass Bagshawe Miller & Co, GW Towell and Cobbetts
• 1989 – 2013 Partner Cobbetts, holding roles such as:
  • Practice Area Head, Commercial Litigation
  • Team Leader, Commercial Litigation and Insolvency
  • Partner,  Commercial Litigation Team
  • Risk Partner

Current Businesses

• Director, Mediate North

Education

• Marple Hall Grammar School for Boys
• LLB, Sheffield University
• Admitted as a Solicitor (1980)
• Commercial Mediator (CEDR 1980 and ADR)
• Workplace Mediator (ADR 2009)
• Family Mediator (ADR 2013)
• Institute of Risk Management Certificate