Call: 1991    
Mark Hubbard  

"Bright, clever and personable." "You know you are in good hands when he takes up your case. He is very sound in the advice he gives."

Chancery: Traditional - Chambers UK Bar 2019

+44 (0) 20 7419 8000

Practice Overview


Mark Hubbard is a litigator with a reputation for contentious trust and estates cases, civil fraud, regulatory and disciplinary matters, company, insolvency and commercial litigation, as well as advisory work in those fields. His practice has a substantial offshore and international element. Mark has particular experience of litigation in the Bahamas, the Isle of Man, Guernsey, Jersey and Switzerland.

 

He is praised by clients for his quick grasp of complex cases, reliability and the quality of his advocacy, advice and client skills, he "comes up with commercial, practical and creative solutions" (Legal 500, 2016) and is described as "a very assured senior junior who is quick to grasp issues" (Chambers UK Bar 2017, Civil Fraud) and "very impressive in court" (Chambers HNW 2016).

 

His most recent cases include Marr v Collie 2017 (Privy Council, Bahamas, Trusts); Dinglis Properties v Dinglis Management [2016] 4 WLR 72 (civil fraud, freezing orders); Re K Trust [2016] WTLR 1225 (Guernsey, protectors, trusts); S v S [2015] 1 WLR 4592 (family, Jersey trusts) and Re Fenox (UK) Ltd [2015] All ER(D) 38 (Jan) (insolvency, arbitration).

 

Mark is the author of Protectors of Trusts (OUP, 2013), the first edition of an international practitioners work and of articles including "When ‘fraud’ does not unravel all", Trusts & Trustees 2013; "More about Schmidt", TQR 2014 and "Control & Ownership: and what's yours is mine too", TQR 2016. He is regularly asked to speak on domestic and offshore legal topics at home and abroad.

 

Mark is a member of the Bar Standards Board prosecution panel, STEP, ACTAPS and COMBAR and is recommended as a leading junior in the current editions of:

 

  • Legal 500 Civil Fraud; Offshore (Band 1); Private Client: Trusts & Probate
  • Chambers UK Bar Trusts (Band 1); Civil Fraud; Traditional Chancery; Offshore
  • Chambers Global Private Wealth Law (Band 1);  Offshore
  • Chambers HNW UK Chancery: Traditional

 

  • Civil Fraud
    • Mark is a leading practitioner in the field of civil fraud and asset tracing, he is "very assured" and "quick to grasp issues" Chambers UK Bar 2017 and "digests information quickly" Legal 500 2016.

       

      His cases in this area include:

      • Dinglis Properties v Dinglis Management [2016] 4 WLR 72, which went to trial in March 2017
      • Abela v Badaraani 2016, where he obtained judgment for $20m in a fraudulent share transfer claim
      • Mosley v Popely [2013] WTLR 521, where an alleged “sham” transaction claim was struck out
      • A v B 2006-2013 (England/Bahamas/Switzerland), a claim for in excess of $100m
      • AG v Baines 2009 (Isle of Man) defending a money laundering case relating to $175m
      • Poyiadjis litigation 2001-2006 (Isle of Man, Guernsey, Cyprus, US) settled on terms that $200m was paid to US SEC & US fraud action claimants

       

      Current and recent instructions include:

      • Acting for a financial services company in a Commercial Court claim brought by a Singapore company involved in an insolvent US based investment scheme
      • Advising an international family on claims in Singapore against a bank, alleging mis-selling of complex offshore structures and fraudulent misrepresentation
      • Defending a claim based on “sham” transactions, knowing receipt and dishonest assistance in breaches of a liquidator’s fiduciary duties in relation to an offshore company holding English property
      • Defending members of an LLP in administration against claims under s.423 of the Insolvency Act 1986 and claims based on dishonest assistance
      • Advising offshore professional trustees in response to allegations of forgery of trust documents as part of claims for trust disclosure.  

       

      Mark is a member of COMBAR and the Commercial Fraud Lawyers association.

       

  • Company
    • Mark deals with all aspects of company and insolvency law. He has particular experience of shareholder disputes, minority oppression, claims against directors and regulatory matters. He frequently acts in offshore company law matters. He is ranked as a leading insolvency practitioner in Legal 500 2016 as "assured and quick to grasp the key issues" and was noted for his "timely and commercial advice" in the 2014 edition. His company and insolvency cases include:

      • Dinglis Properties v Dinglis Estates [2016] 4 WLR 72, which went to trial in March 2017 on issues including breach of directors’ fiduciary duties
      • Abela v Baderaani 2016 (England) where Mark obtained judgment for $20m in connection with a fraudulent share transfer
      • Crowd Shout v Nova Scotia 2014-2016 (Isle of Man, Malta, Kansas, shareholder dispute)
      • Re Fenox (UK) Ltd [2015] All ER (D) 38 (Jan) where the court declined to stay a minority shareholder’s petition in favour of a Russian arbitration
      • Rusant v Traxys Far East [2013] All ER (D) 236 (Dec)  where the court stayed a winding up petition in favour of arbitration while finding there was no bona fide dispute
      • A v B litigation 2006-2013 (Bahamas, Switzerland, England,  trusts, companies, civil fraud) involving claim in excess of $100m 
      • Davenport v Cream Holdings [2012] EWHC 787 Ch. (shareholders’ rights) Mark acted for the Company successfully resisting injunctions and obtaining the dismissal of all claims.
      • Grace v Biagioli [2006] BCC 82 CA (remedies for unfair prejudice)  Mark acted in the trial and on the successful appeal, which remains a leading authority on the remedies available when a minority shareholder’s petition succeeds

       

      His recent and current instructions include:

      • Defending a claim based on dishonest assistance in breaches of a liquidator’s fiduciary duties in relation to an offshore company 
      • Defending a claim under s.423 of the Insolvency Act brought against members of an LLP in administration and involving cross-border insolvency issues
      • Acting for a party claiming to be entitled to the surplus arising on the administration of an incorporated club
      • Acting for the trustees of a commercial trust created immediately prior to the insolvency of a group of companies and obtaining orders allowing the long-running administration of the trust to be concluded.

       

      Mark was invited to write a series of online practice notes covering minority shareholder remedies for LexisPSL, first published 2013. Mark regularly speaks on company law issues to audiences at home and abroad and has a particular interest in the position of professional directors of offshore companies and the management of risk in complex trust and company structures.

       

  • Offshore
    • Mark is well-known for his work in trust, civil fraud and company litigation in offshore jurisdictions. He has particular experience litigation in the Bahamas, Guernsey, Jersey, the Isle of Man and Switzerland. Directory acknowledgments include: "Very sensible and practical" "a delight to work with and is a good authorative adviser to clients" Chambers UK Bar & Chambers Global 2017; "He made the client feel reassured and he is very accessible. He worked through the night” “very impressive in court” Chambers HNW 2016; “very strong in trust litigation, and is a go-to person. You can rely on him for good, sound advice." Chambers UK Bar 2015 (Offshore).

       

      His notable offshore cases include: 

      • Marr v Collie 2017 (Privy Council, Bahamas, resulting trusts)
      • Application of A 2017 (Isle of Man, payment by trustee of foreign taxes) 
      • Re K Trust [2016] WTLR 1225 (Guernsey, removal of protector) 
      • Crowd Shout v Nova Scotia 2014-2016 (Isle of Man, Malta, Kansas, shareholder dispute)
      • Littlewood v Morely 2015 (Isle of Man, removal of executor)
      • Re S Deceased, Re the T Trust 2013-2016 (England, Jersey, Switzerland, France, succession, trusts, freezing orders)
      • Re Nordea Trust Company (IoM) Ltd [2010] WTLR 1393 (Isle of Man, trusts)
      • A v B litigation 2006-2013 (Bahamas, Switzerland, England, trusts, companies, civil fraud)
      • Alhamrani v Alhamrani 2009 (Jersey, trusts)
      • AG v Baines 2009 (Isle of Man, money laundering)
      • Poyiadjis litigation 2001-2006 (Isle of Man, Guernsey, Cyprus, US, fraud, trusts, proceeds of crime) settled on terms that $200m was paid to US SEC & US fraud action claimants

       

      Mark wrote "Protectors of Trusts", published by Oxford University Press in August 2013, a major knew practitioners work, and his published articles include "When ‘fraud’ does not unravel all…" Trusts & Trustees, Volume 19, Issue 10, "More About Schmidt", Trusts Quarterly Review, June 2014 and "Control & Ownership: and what's yours is mine too" Trusts Quarterly Review, April 2016 Mark speaks regularly at events organised by STEP and leading private conference providers in England and other jurisdictions.

       

      Mark’s recent speaking engagements have included the STEP Isle of Man Conference, the STEP Contentious Trusts SIG conference in London and he has recently spoken at conferences and seminars in Cayman, Guernsey, Jersey and Provence.

       

      Mark is a member of COMBAR and STEP.

       

  • Trusts and Estates
    • Mark is a leading trust and estates barrister with a substantial contentious and non-contentious practice both onshore and offshore.  He is recommended as a leading trusts and estates junior in the current editions of Legal 500, Chambers UK Bar, Chambers Global and Chambers HNW.

       

      He is ranked as a leading junior in Band 1 of the new Trusts section of Chambers UK Bar 2017 and in the new Private Wealth: Trusts section of Chambers Global 2017 which note he "provides advice which is of the highest quality, dealing with the legal technicalities of a matter, and can be applied practically. He is excellent in conference and is well liked by clients."  "He is very bright, knowledgeable, proactive and approachable" and "extremely intellectually agile and very good at just doing whatever needs to be done" Chancery: Traditional, Chambers UK Bar 2016. "He comes up with commercial, practical and creative solutions" Legal 500 2016.  "A rising star who is first-class on quirky trust points"  and "exceptionally brilliant in coming up with solutions to a case, he thinks creatively and comes up with ideas no one else has thought of"  Chambers UK Bar 2015.

       

      As well as domestic and offshore trust litigation and advice, his work covers contentious probate and the administration of estates, including will construction, the removal of trustees, protectors and personal representatives, claims under the I(PFD)A 1975 and under foreign succession law and often involves conflict of laws issues. Mark has also been instructed in matrimonial cases involving opaque offshore trust and company structures.  He is regularly deals with commercial and employment related trusts, including pensions and EBTs. 

       

      His trusts and estates cases include:

      • Marr v Collie 2017 (Privy Council, Bahamas, resulting trusts)
      • Application of A 2017 (Isle of Man, payment by trustee of foreign taxes)
      • Re K Trust [2016] WTLR 1225 (Guernsey, removal of protector)
      • Re S Deceased, Re the T Trust 2013-2016 (England, Jersey, Switzerland, France, succession, trusts, freezing orders)
      • Littlewood v Morely 2015 (Isle of Man, removal of executor)
      • S v S [2015] 1 WLR 4592 (family, procedure on appeals, Jersey trusts)
      • Mosley v Popely [2013] WTLR 521 (sham transactions and dishonest assistance)
      • Re Nordea Trust Company (IoM) Ltd [2010] WTLR 1393 (trustee indemnity)
      • A v B litigation 2006-2013 (England/Bahamas/Switzerland) a claim for in excess of $100m
      • Alhamrani v Alhamrani 2009 (Jersey)
      • Poyiadjis litigation 2001-2006 (Isle of Man, Guernsey, Cyprus, US) settled on terms that $200m was paid to US SEC & US fraud action claimants

       

      Mark wrote "Protectors of Trusts", published by Oxford University Press in August 2013, the first edition of a major practitioners work, and has published articles including "When ‘fraud’ does not unravel all…" Trusts & Trustees, Volume 19, Issue 10, "More About Schmidt", Trusts Quarterly Review, June 2014 and "Control & Ownership: and what's yours is mine too" Trusts Quarterly Review, April 2016 Mark speaks regularly at events organised by STEP and leading conference providers in England and other jurisdictions.

       

      He is a full member of STEP and ACTAPS.

       

  • Regulatory and Business Crime
    • Mark has extensive experience of regulatory and disciplinary matters as a member of the Bar Standards Board prosecution panel.  He acted for several years for the defendant trustees in one of the Isle of Man’s largest civil restraint order case, the Poyiadjis litigation, and subsequently for one former trustee in a related money laundering case, AG v Baines, involving a fund of $175m.

       

      He advises providers of financial, trust and company services on regulatory issues under domestic and offshore regulatory regimes and his recent cases have involved advising on the FCA reporting requirements of a UK financial services provider and advising an offshore trust company on tipping-off under the equivalent of POCA in relation to external (foreign) investigations.

       

      Mark is a member of the Commercial Fraud Lawyers Association.

       

  • Additional Information

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