Mark Cawson QC

Call 1982
Silk 2001

“A very experienced and technically strong silk who has a real air of calm, in even the most high-pressured of situations.”

Chambers and Partners 2020
Photo of Mark Cawson QC

Property and Planning

Mark is an experienced chancery and commercial silk whose practice includes a significant element of commercial property work, often in an insolvency context. His property work covers, amongst other things:

  • Enforcement of securities over land
  • Enforcement of land contracts
  • Proprietary estoppel
  • Enforcement and construction of restrictive covenants
  • Easements
  • Overage provisions
  • Rent review clauses
  • Business tenancies
  • Dilapidations
  • Boundary disputes
  • Wills and probate

The emphasis of Mark’s practice is on complex and high value litigation, but includes a substantial amount of advisory work. His 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.

Mark sits as a Deputy High Court Judge and a Recorder, and he is an accredited mediator. He is the current Chairman of the Northern Chancery Bar Association

Property & Planning Cases

Recent insolvency cases include the following:

As Leading Counsel

Re McNally, McNally v Dymond and National Westminster Bank
[2013] BPIR 604 (HHJ Purle QC):

Acting for bank on issue as to valuation of security for purposes of voting on an IVA

Consolidated Finance v Collins [2013] BPIR 543 (CA):
Application of Consumer Credit Act 1974 to credit agreement funding annulment from bankruptcy

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

Howarth v (1) Cartmel (2) HMRC [2012] BPIR 428:
Acting for trustee in bankruptcy  on application by bankrupt to annul on grounds of lack of mental capacity

RBS v Chandra [2010] 1 Lloyd’s Rep 677 (Richards J), [2011] EWCA Civ 192 (Court
of Appeal):

Successful enforcement of guarantees on behalf of bank notwithstanding defence of undue influence by wife

Accident Group Limited, (2003 – 2011):
Acting for the joint administrators, and subsequently the joint liquidators The Accident Group Limited in respect of claims against former directors and others, and various applications for directions

Crown Paints Limited v Landsbanki Islands HF , (2008):
Acting for Crown Paints Ltd  in dispute with Landsbanki Islands HF, the Icelandic bank, upon the collapse of the latter

MG Rover Group Ltd, (2008):
Acting for former Solicitors of MG Rover Group Ltd on  the inquiry into the latter by Inspectors appointed by Department of BIS under S 432(2) of the Companies Act 1985

Lune Metal Products Limited (In Administration) [2007] 2 BCLC 746:
Acting for joint administrators on application for permission to make payments to creditors on discharge from administration

TVR Motors Company Limited, (2007):
Advising the joint administrators of TVR in respect of antecedent transactions by directors

As a Deputy High Court Judge

Fons HF v Corporal Ltd [2013] EWHC 1801 (Ch):
Interpretation of legal charge raising question as to meaning of, “debentures or other securities” (Manchester)

Re Oxford Pharmaceuticals Ltd; Wilson v Masters International Ltd [2009] 2 BCLC 485:
Claim relating to preference and misfeasance, and the availability of remedies against
third parties (London)

Re Paycheck Services 3 Ltd; HMRC v Holland [2008] 2 BCLC 613:
Claim relating to misfeasance, and unlawful dividends paid on basis of unsuccessful tax planning scheme (London)

Lomax Leisure Limited v. Miller [2008] 1 BCLC 262:
Application concerning a liquidator’s duties in respect of the payment of dividends to creditors (London)

Re Siteburn Limited [2006] BPIR 1009:
Estoppel by convention in an insolvency context (London)