Close

Contact Mark Whelan

Please complete all fields

Expertise

Mark is a partner in the Dispute Resolution team, recommended for Commercial Litigation in The Legal 500 UK. He specialises in substantial multi-jurisdictional disputes principally for clients in the financial services sector and also has particular expertise advising on complex insolvency matters. He regularly acts for a number of brokers, hedge funds and insolvency practitioners.

"Memery Crystal LLP is predominantly known for its work for clients in the oil and gas and mining sectors; and the practice has a longstanding reputation for dealing with financial services and regulatory disputes. Jane Marsden is dispute resolution head, Harvey Rands ‘has enormous knowledge and experience’, and Mark Whelan is ‘particularly good’. "

Legal 500, 2017

In detail

Recent experience

  • Represented leading City broker Marex Financial Limited in a substantial and complex Commercial Court claim against two BVI companies, Cosmorex Limited and Creative Finance Limited. The case concerned our client’s forced closure of USD$850 million of cross currency pairs following the unprecedented volatility in Yen after the Japanese earthquake and tsunami in 2011.  The case was successfully resolved in our client’s favour after a 9 day trial ([2013] EWHC 2155 (Comm)).
  • Represented leading City broker Marex Financial Limited against a BVI liquidator in a case before the US Bankruptcy Court Southern District of New York. This high profile claim concerned Chapter 15 recognition of foreign proceedings.  In January 2016 the Judge dismissed the liquidator’s claim against our client and delivered a precedent ruling which is highly significant for the offshore financial community (2016, Case No 14-10358(REG)).
  • Represented KPMG as the special administrators of MF Global UK Limited in connection with a substantial claim by an offshore company. The dispute concerned a claim under an introducing broker agreement for a share in commissions earned by our client from Forex, Futures, Options and Contracts for Difference trading.  The issue of liability was heard by the Commercial Court and on appeal before the Court of Appeal ([2012] EWCA Civ 1662).  A subsequent quantum trial took place before the Commercial Court in 2015 with our client obtaining a favourable outcome.
  • Representing an offshore broker in connection with a claim before the Commercial Court against a leading Canadian bank. Our client is seeking substantial damages for breach of an introducing broker agreement relating to the trading of Contracts for Difference.
  • Advised a City broker in 2015 in connection with US Department of Justice proceedings against Navinder Sarao (“the Hound of Hounslow”). Mr Sarao is accused of causing the “Flash Crash” on 6 May 2010 where USD$350 billion was wiped off the Dow Jones Industrial Average in the biggest intraday points fall in history.
  • Advising a City broker in 2016 in connection with a complex employment related matter.
  • Representing an Australian Forex broker, Go Markets Pty Limited, in connection with a claim before the Commercial Court by its liquidity provider following the announcement on 15 January 2015 by the Swiss National Bank that it would no longer hold the Swiss Franc at a fixed exchange rate with the Euro. That event caused a subsequent, and significant, shock to the foreign exchange markets.
  • Representing a commodities broker in connection with insolvency proceedings and asset tracing arising from the purchase of a large quantity of copper.
  • Represented the liquidator for an offshore hedge fund on a professional negligence claim arising from failed investments for damages in excess of USD$60 million ([2012] EWHC 1801 (Comm)).

Career history

  • Solicitor & Partner, Thomas Cooper LLP – 2008 to September 2015
  • Partner, Memery Crystal – October 2015 – Present

Latest thinking...