Mark Whelan Partner, Head of Dispute Resolution & Insolvency

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Mark Whelan

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Mark is a Partner and Head of Dispute Resolution team and our Insolvency practice. Mark is recommended for Commercial Litigation in The Legal 500. He specialises in substantial multi-jurisdictional disputes, regularly acting for clients in the financial services sector. Mark’s clients include brokers, banks, hedge funds and insolvency practitioners.

"Mark Whelan – one of the leading commercial litigators in the mid-size firms. Frequently boxing above his weight, he has carved out a formidable reputation for himself with banks and financial institutions."

Legal 500, 2021

In detail

Recent experience

  • Instructed by Marex Financial in a substantial claim for damages against the director of companies, which owed judgment debts to Marex, for unlawful means conspiracy and for knowingly inducing and procuring the companies to act in wrongful violation of Marex’s legal rights. The Defendant unsuccessfully challenged the jurisdiction of the English Court. The Commercial Court decision was subsequently appealed to the Court of Appeal and, then, the Supreme Court. All seven justices of the Supreme Court ruled in favour of our client in a judgment described as “one of the most important company and commercial law decisions of the last thirty years” overturns the long standing approach to the “reflective loss” rule (The Times). Find more information about the case here and the judgment can be found here.
  • Instructed by Marex Financial Limited to defend a claim for damages in excess of USD$32 million for breach of delivery and title obligations under contracts for the sale of nickel, warehoused in Malaysia and the Republic of Korea [2019] EWHC 2549 (Comm).
  • Instructed by Medsted Associates Limited in connection with a substantial claim arising from the trading of financial products and breach of an introducer agreement. Our client succeeded on liability before the Commercial Court [2017] EWHC 1815 (Comm).  The judge’s decision to award nominal damages for reasons of public policy was unanimously overturned by the Court of Appeal [2019] EWCA 83 with quantum to be assessed.
  • Instructed by insolvency practitioners in relation to a substantial claim before the Commercial Court against Barclays Bank regarding the application of the Quincecare duty.
  • Instructed to defend proceedings brought by a BVI liquidator before the US Bankruptcy Court Southern District of New York. This high profile claim concerned Chapter 15 recognition of foreign proceedings. The Judge dismissed the liquidator’s claim against our client and delivered a ruling significant for the offshore financial community (2016, Case No 14-10358(REG)).
  • Instructed by an Australian Forex broker in connection with a claim before the Commercial Court following the announcement 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.
  • Instructed by KPMG as the special administrators of MF Global UK Limited in connection with a claim under an introducing broker agreement for trading commissions. The issue of liability was heard by the Commercial Court and on appeal before the Court of Appeal [2012] EWCA 1662 (CIV).
  • Instructed by a London broker in a 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).
  • Instructed by 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

  • 2015 – Present: Partner, Memery Crystal
  • 2008 – 2015: Solicitor & Partner, Thomas Cooper LLP

What our clients think about us

“Mark Whelan is a class act.” – Legal 500, 2021

“Mark Whelan – one of the leading commercial litigators in the mid-size firms. Frequently boxing above his weight, he has carved out a formidable reputation for himself with banks and financial institutions.” – Legal 500, 2021

“Mark Whelan takes a very hands-on role, making sure that he fully understands the desired commercial outcome from the outset.” Legal 500, 2020

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