Mark Hubbard

Mark is a leading practitioner in the field of civil fraud and asset tracing and ranked as a leading civil fraud junior in both Chambers and Partners and The Legal500.  His fraud and asset recovery work is often closely connected to his contentious trusts practice and spans offshore and international civil fraud cases. “A very good advocate.” (Chambers UK Bar Fraud: Civil 2021); “Calm, authoritative and very good with clients. An excellent grasp of the detail of highly complex disputes. A class act”. (Chambers UK Bar 2021, Offshore); “An encyclopaedic brain and savvy approach make him an outstanding advocate.” (Legal 500, 2021, Offshore).

Mark is a member of COMBAR, the Commercial Fraud Lawyers association and Tech Disputes Network

Mark’s current and most recent civil fraud instructions include:

• Representing plaintiffs in Singapore SICC, seeking to recover assets transferred into a complex international Ponzi scheme fraudulently promising to invest in IPOs.
• Advising claimant in multi-party Gibraltar litigation concerning trusts of shares and inter-investor claims in a collapsed digital asset fund.
• Acting for beneficiaries of English trusts bringing claims based on fraudulent breach of trust connected to onshore and offshore company structures.
• Acting for a financial services company in a Commercial Court claim brought by a Singapore company involved in an insolvent US based investment scheme alleged to have been a Ponzi scheme.
• Advising an international family on claims in Singapore against a lending bank, alleging mis-selling of complex offshore structures and fraudulent misrepresentation.
• Defending member of an insolvent LLP against a s.423 claim raising cross-border issues.
• Advising the claimant (pro-bono) in a high value claim against a major bank arising out of the disposal of a property portfolio following a very high value mortgage fraud.

His earlier cases in this area include:

• Dinglis Properties v Dinglis Management [2020] 1 B.C.L.C. 107  where at trial Mark acted as lead advocate and defended the managing director of a substantial property company against allegations of breach of fiduciary duty.
• 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

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 matters (many of which are also trust or fraud related).

Mark is the author of the current LexisPSL Practice Notes on shareholder remedies and has written recently on the Supreme Court decision in Marex.

His current and most recent company instructions include:

• Acting for the joint liquidators of a high-profile regulated Isle of Man corporate and trust services provider on a range of contentious commercial, insolvency, trust and regulatory issues arising on a sale of the company’s business.
• Acting for the claimant in Isle of Man litigation seeking to establish a 50% interest in the company and his position as a director.
• Acting for the petitioner in a “pure” just and equitable winding up petition, with related Delaware proceedings, which settled immediately before trial in 2020.
• Defending s.423 claim brought against member of an LLP by its administrators and involving cross-border insolvency issues.
• Acting for executors of majority shareholder of holding company to recover control over an errant trading subsidiary.
• Advising minority shareholders in two cases involving tech/green technology start-ups.

His earlier cases in this area include:

• Re Dinglis Properties Ltd [2020] 1 B.C.L.C. 107, company, unfair prejudice, breach of director’s fiduciary duty, where court held at trial that family company was not a “quasi-partnership” and that a discounted valuation of petitioner’s shares was appropriate despite findings of breach of fiduciary duty by Mark’s client.
• Qureshi v Association of Conservative Clubs Ltd [2019] EWHC 1165 (Ch), examining the application of general insolvency law to the distribution of a surplus in the winding up of a political members club.
• Dinglis Management Ltd v Dinglis Properties Ltd [2019] EWCA Civ 127, breach of director’s fiduciary duty, reflective loss, examining the unsual circumstances in which a property management company may not act as agent for the property owner.
• 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 forum conveniens,
• 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
• 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

Mark is well-known for his work in commercial, trust, civil fraud and company litigation in offshore jurisdictions. He has particular experience of litigation in the Bahamas, Guernsey, Jersey, the Isle of Man, Gibraltar, Singapore and Switzerland.  He is described as “calm, authoritative and very good with clients” with “an excellent grasp of the detail of highly complex disputes” and as “a class act” Chambers UK Bar 2021, Offshore). Others refer to his “encyclopaedic brain and savvy approach” which “make him an outstanding advocate” (Legal 500, 2021, Offshore).

Mark has appeared in the Isle of Man on a case by case basis since 2003 and in 2020 became a full Registered Foreign Lawyer, Singapore International Commercial Court (SICC), where he has recently appeared for the plaintiffs in an asset recovery claim relating to an international Ponzi scheme.

He is top ranked by Legal 500 in Tier 1 as a leading junior for offshore work (Chambers: Band 2).

Mark wrote “Protectors of Trusts”, published by Oxford University Press in August 2013, a major knew practitioners work with particular relevance to offshore trusts.  He is regularly asked to speak at international and offshore conferences.

Mark is a member of COMBAR,  STEP and ConTrA

His current and most recent offshore instructions include:

• Acting for the joint liquidators of a high-profile regulated Isle of Man corporate and trust services provider on a range of contentious commercial, insolvency, trust and regulatory issues arising on a sale of the company’s business.
• Representing the plaintiffs as lead counsel in the Singapore SICC, seeking to recover assets transferred into a complex international Ponzi scheme fraudulently promising to invest in IPOs.
• Advising claimant in multi-party Gibraltar litigation concerning trusts of shares and inter-investor claims in a collapsed digital asset fund.
• Acting for the claimant in Isle of Man litigation seeking to establish a 50% interest in the company and his position as a director.
• Acting for beneficiaries bringing breach of trust claim in Guernsey against bank trust company.
• Advising the protector in a representation brought in Jersey in relation to a group of very high value trusts.

His notable offshore cases include:

• Marr v Collie 2018 (Privy Council, Bahamas) resulting trusts.
• Chancery Trustees v Bricknell (2018) (Isle of Man), protectors, appointment of trustees.
• 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, 2016 (Isle of Man, Malta, Kansas) shareholder dispute,  forum conveniens.
• Re S Deceased, Re the T Trust 2013-2016 (England, Jersey, Switzerland, France) succession, trusts, Swiss 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) financial crime.
• 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 is a leading junior in trust and estates work, with a mainly contentious practice both onshore and offshore. Many of his cases involve the application of trust law in the context of commercial disputes, civil fraud and insolvency.    “An excellent guy to have on your team,” “he is clearly an expert in this area – his knowledge and expertise in the trusts sector is very apparent.” (Chambers UK Bar 2021) Mark’s trusts and estate’s practice “goes from strength to strength” Legal 500 (2021)

He is top ranked as a leading junior in Band 1 of the Trusts category of Chambers UK Bar 2020 and in Private Wealth: Trusts section of Chambers Global 2020, and ranked in Chambers UK Bar and HNW 2020 guides in Band 2, Chancery Traditional.

Legal500 top rank Mark in Tier 1 as a leading junior for Offshore work and in Tier 2 for  Private Client Trusts & Probate.

As well as domestic and offshore trust litigation and advice, Mark’s 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 increasingly deals with commercial and employment related trusts, including pensions and EBTs, and trusts in the context of commercial litigation.

Mark is the author of Protectors of Trusts (OUP, 2013), the first edition of an international practitioners work, republished by Law China Press in June 2021. Mark speaks regularly at events organised by STEP, ConTrA and leading conference providers in England and in other jurisdictions.

He is a full member of STEP, ACTAPS and ConTrA.

His current and most recent trusts and estates instructions include:

• Acting for the protector of a group of very high value English trusts in a complex restructuring exercise.
• Acting for beneficiaries of English trusts bringing claims based on fraudulent breach of trust connected to onshore and offshore company structures.
• Acting for the widow of an English deceased seeking to replace the PR of a substantial estate.
• Acting for a principal beneficiary of a substantial Bermuda trust, seeking information from the trustee and distributions on an urgent basis.
• Advising the liquidators of an Isle of Man corporate trustee on the validity of transfers of trusteeships pursuant to a sale of the trustee’s business and related issues.

His trusts and estates cases include:

• PNTZ v AS appointment and scope of powers of a protector.
• Marr v Collie  (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, Swiss freezing orders.
• S v S [2015] 1 WLR 4592, family, procedure on appeals, Jersey commercial 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’s recent cases include:

• Hillberry v IOMFSA (Sept 2023) (Isle of Man, Staff of Government Division) Indemnity costs, permission to appeal
• Kazzaz v Standard Chartered Trust [2023]GRC049 (Guernsey Royal Court) breach of trust, fraud, causation, limitation
• IOMFSA v Montpelier (June 2023) (Isle of Man)  trusts, insolvency of corporate trustee, regulation, validity and effect of contract for sale of TSP/CSP business, litigation conduct and indemnity costs
• Perry v Esculier [2021] SGCA(I) 5 (Court of Appeal, Singapore International Commercial Court) commercial, civil fraud, amendment, stakeholder claim.
• Re estate of Hanson decd. [2021]JRC319 (Jersey Royal Court) trusts, sham trusts, failure of charitable trusts.
• PTNZ v AS [2020] EWHC 3114 (Ch ) trusts, protectors, powers of consent.
• Re Dinglis Properties Ltd [2020] 1 B.C.L.C. 107, company, unfair prejudice, breach of fiduciary duty.
• Qureshi v Association of Conservative Clubs Ltd [2019] EWHC 1165 (Ch), insolvency.
• Dinglis Management Ltd v Dinglis Properties Ltd [2019] EWCA Civ 127, commercial, breach of fiduciary duty, reflective loss.
• Marr v Collie [2018] AC 631 PC (Privy Council, Bahamas) co-owned property, resulting trusts.
• Application of A (2017, Isle of Man) trusts, payment of foreign taxes.
• Dinglis Properties Ltd v Dinglis Management Ltd [2016] 4 WLR 72, commercial, freezing injunctions.
• Re K Trust [2016] WTLR 1225 (Guernsey) trusts, removal of protector.

Mark is the author of Protectors of Trusts (OUP, 2013), the first edition of an international practitioners work, republished by Law China Press in June 2021 and of a series of practice notes on minority shareholder remedies published by LexisNexis. He is regularly invited to speak to domestic and international audiences on his key practice areas and contributes articles to leading journals.

Dual Qualification

• Licensed Advocate of the Isle of Man Bar on a case by case basis since 2003
• Registered Foreign Lawyer, Singapore International Commercial Court 2020

Education

• 1st Class BA (Hons): Ancient & Modern History, Merton College, Oxford
• MA (Oxon)
• Dip. Law (City)

• Member of the Bar Standards Board Prosecution Panel (acting Pro Bono) 2003-2019.

• Chancery Bar Association
• COMBAR
• CFLA
• STEP
• ACTAPS
• ConTra
• Tech Disputes Network

• Mark regularly acts as an advocate in mediations and advises on all forms of ADR.

• Protectors of Trusts (OUP 2013), 1st edition of new international practitioners work. Author of current series of practice notes on shareholder remedies for Lexis PSL.

“Mark doesn’t beat around the bush – he gets to the point, gives his advice in a clear and concise way and clients and judges alike love that approach.”

Legal 500 Caribbean Guide 2024 – The English Bar Offshore; Tier 1

“Mark is encyclopaedically intelligent and delivers his advice with clarity. He is capable of going toe-to-toe with the very best. His advocacy is his real strength.”

Legal 500 UK Bar 2024 – Private Client: Trusts & Probate; Tier 2

“Mark is very calm and wise. An excellent advocate, but also a great reader of people, so hugely effective in settlement discussions.”

Legal 500 UK Bar 2024 – Fraud: Civil; Tier 3

“Mark is highly skilled technically, offers pragmatic advice, and clients appreciate his experience and diligence.”

Legal 500 UK Bar 2024 – Company & Partnerships; Tier 4

“He has particularly detailed knowledge of anything to do with trusts including offshore trusts.”

Chambers UK Bar 2024 – Trusts; Band 1

“Mark is excellent. He’s very good with clients and really on top of the law.”

“He has particularly detailed knowledge of anything to do with trusts including offshore trusts.”

Chambers UK Bar 2024 – Chancery: Commercial; Band 4

“Mark’s ability to cut through complexity and provide targeted advice on the core issues in a case is second to none.”

“He is not only highly knowledgeable but also charming to work with.”

“He has a very reassuring and confident courtroom demeanour.”

Chambers UK Bar 2024 – Chancery: Traditional; Band 4

“Mark is a brilliant advocate and gains the confidence of the court.”

“He is very knowledgeable, a great advocate and easy to work with.”

Chambers UK Bar 2024 – Fraud: Civil; Band 4

“Mark is a really good and really smart traditional trusts lawyer.” “Mark is smooth on his feet.”

Chambers UK Bar 2024 – Offshore; Band 2

“Mark is one of the best juniors at the Chancery Bar. He is devilishly clever and great to work with.”

Legal 500 UK Bar 2023 – Private Client: Trusts & Probate; Tier 2

“Mark is an expert in all things trusts. He advises in a straightforward and concise way no matter how complex the issues. Easy to deal with.”

Legal 500 UK Bar 2023 – Civil Fraud; Tier 4

“Devilishly clever and great to work with too.”

Legal 500 UK Bar 2023 – Company & Partnerships; Tier 4

“Mark is an expert in all things trusts. He advises in a straightforward and concise way no matter how complex the issues. Easy to deal with.”

Chambers UK Bar 2023 – Chancery: Commercial; Band 4

“I absolutely love Mark; he is my go-to junior. He is no-nonsense and terrifyingly clever. I would put him on any matter if he had availability.”

Chambers UK Bar 2023 – Chancery: Traditional; Band 2

“Mark Hubbard handles complex international fraud matters as one strand of a vibrant commercial practice. He represents both claimant and defendant clients. He is adept at obtaining injunctive relief.”

Chambers UK Bar 2023 – Civil Fraud; Band 4

“He’s very experienced, knowledgeable and detail-orientated.”

Chambers UK Bar & Global Guide 2023 – Offshore; Band 2

“Offers the skills of a silk at the price of a junior. He is great work with.”

“He’s very experienced, knowledgeable and detail-orientated.”

Chambers UK Bar & Global Guide 2023 – Trusts; Band 1

“He’s user-friendly and stands out as someone who makes himself available.”

Chambers High Net Worth 2021

“An encyclopaedic brain and savvy approach make him and outstanding advocate.”

Legal 500 UK Bar 2021