Mark Cawson Q.C.

Mark is an experienced Chancery and Commercial silk whose practice includes a significant element of commercial property litigation, often in an insolvency context.

Theareas of commercial litigation that Mark covers include, amongst others, the following:

·         Enforcement of securities over land

·         Enforcement of land contracts

·         Enforcement and construction of restrictive covenants

·         Overage provisions

·         Rent review clauses

·         Business tenancies

·         Boundary disputes

 

The emphasis of Mark’s practice is on complex and high value business litigation.

 

Mark’s practice encompasses advisory work, interlocutory work, and trials. Mark’s work takes him on a regular basis to the Court of Appeal, the Chancery Division of the High Court, and the Commercial and Mercantile Courts.

 

CASES

Recent property cases include the following:

Green v Eadie[2012] Ch 363: Sitting as a Deputy High Court Judge, decision as to the limitation period applicable in respect of a claim under S. 2(1) of the Misrepresentation Act 1967 in respect of contract for the sale of land

 

Amble Assets LLP v Longbenton Foods [2012] 1 All ER (Comm) 764: Acting for joint administrators on application concerning the entitlement of the joint administrators to forfeit a deposit paid under a contract for the sale of land

 

Aviva Life and Pensions UK Ltd v Kestrel Properties Ltd [2011] EWHC 3934 (Ch): Sitting as a Deputy High Court Judge, decision as to effect of expert determination clause relating to overage provisions in contract for sale of land

 

RBS v Chandra [2010] 1 Lloyd’s Rep 677, [2011] BPIR 438: Successful enforcement of guarantees on behalf of bank notwithstanding defence of undue influence by wife

 

Email: cawsonqc@exchangechambers.co.uk