Marc Brown

Call: 2004

Introduction

Marc undertakes work across a broad spectrum of commercial work, with a particular focus on insolvency matters.

A confident and user-friendly advocate with an exceptional academic background, he communicates well with both solicitors and clients. He offers advice that is tailored towards the commercial outcomes sought by the client and is conscious of the business needs of clients as well as the pure legal aspects of litigation.

Marc is regularly instructed in relation to high value and complex cases. He has experience of dealing with cases involving lengthy and detailed factual backgrounds and complex issues of law. He is conscious of the time pressures placed on solicitors and clients and the consequent need for a flexible approach. He also appreciates the value to both solicitors and clients of early in-depth analysis of the issues involved in any particular case. As a result, Marc sees value in taking a proactive and collaborative approach to litigation.

Marc regularly writes articles and is a frequent speaker on matters of insolvency law and civil procedure. He is happy to offer seminars at solicitors’ offices if requested.

Away from work, Marc is the proud father of two young children. He is an avid snowboarder and manages to tolerate the months between snowfall by mountain boarding. He finds that both activities are at their best if accompanied by good food and wine.

What the directories say:

Swiftly becoming an important player at the Commercial Bar. He is known for insolvency work as well as general commercial disputes. Expertise: “He is a very clever guy and is always used by silks, which tells you a lot about his quality.” “He is absolutely excellent on paperwork and with clients.” CHAMBERS UK 2015.

Chambers & Partners 2014 (Commercial Dispute Resolution):

‘Recognised as a star of the future. He is also an expert in insolvency law. “He is very bright and recognised as such. Very switched-on but really easy to get on with at the same time”.’

Chambers & Partners 2013 (Commercial Dispute Resolution – Up & Coming):

Marc Brown is praised for his sophisticated handling of complex commercial fraud cases. “Proactive throughout,” “he handles clients with ease” and has “a strong grasp of the issues in any case.”

Recent Cases:

A case in relation to alleged bribery and commercial fraud (led by Mohammed Zaman QC)

A case in relation to the annulment of a debtor’s bankruptcy on the grounds of the location of his centre of main interests (COMI)

A case in relation to alleged fraudulent breach of fiduciary duty in the context of a charitable company (led by Mohammed Zaman QC)

A case in relation to the proper interpretation of the obligations imposed by paragraph 55 of Schedule B1 of the Insolvency Act 1986

A case in relation to a Companies Act 2006 section 994 petition concerning a family company and allegations of unfair prejudice (led by Avtar Khangure QC)

A case in relation to a finance agreement involving issues of agency and ratification at first instance, and an appeal involving new allegations and applications to admit further evidence

Advising in a case relating to the enforcement of a foreign judgment

A case in relation to the supply of utilities and services at a holiday park, including the obtaining of urgent injunctive relief

Reported Cases:

OBG Ltd & others v Allen & others [2007] UKHL 21; [2008] 1 AC 1 (led by John Randall QC).
This case concerned administrative receivers and their potential liability for failing to realise the full value of intangible assets. It considered the economic torts of inducing breach of contract and intentional infliction of harm by unlawful means, as well as the scope of the tort of conversion.

Re: BTR (UK) Ltd (sub nom Lavin & Ors v Swindell) [2012] EWHC 2398 (Ch) (23 August 2012).
This case concerned the obligations of an administrator under paragraph 55 of Schedule B1 of the Insolvency Act 1986 when proposals are rejected at an initial meeting of creditors. On the application of creditors of the company, it was held that in such circumstances an administrator is bound under paragraph 55 to make an application to Court for directions.

Re: Horst Konrad Benk (sub nom Sparkasse Hilden Ratingen Velbert v Benk & Anor) [2012] EWHC 2432 (Ch) (29 August 2012).
This case concerned an application by a creditor to annul the bankruptcy of a debtor on the grounds that the debtor’s centre of main interests (COMI) was in Germany and not England & Wales at the relevant time. The court analysed the principles applicable to such applications and found that the debtor’s COMI was in Germany at the relevant time and therefore annulled the bankruptcy.

Qualifications and Appointments:

MA (Oxon) Jurisprudence – Oxford University, Mansfield College

Bar Vocational Course – Inns of Court School of Law (Very Competent)

Bachelor of Civil Laws – Oxford University, Mansfield College – Distinction and Vinerian Scholar

Visiting Lecturer at the College of Law, Birmingham

Memberships:

Midland Chancery & Commercial Bar Association (MCCBA)


My Expertise