Fieldfisher

Dispute Resolution

Director

Mark Fairclough is Director in the dispute resolution group with over 12 years' experience in the sector.  he works on complex, and often urgent, disputes for companies and individuals primarily in the High Court of England and Wales. Notable current and recent cases:

Before the Court of Appeal on issues arising from the scope of liability of Court appointed Receivers and the Court's jurisdiction to grant Receivers immunity, before the sale of assets, from subsequent claims in professional negligence. A High Court trial, on behalf of a company in administration (via assignment), in respect of the status of individuals as de facto directors and their duties arising to the company and creditors following the Sequana authority. In trial before the High Court successfully defending, on behalf of the purchaser, non-payment pursuant to an earn-out provision within a share purchase agreement, as to which the parties disagreed to payment having been triggered. Representing a former partner in an LLP during the arbitration of a dispute arising from the contention that the executive committee of the LLP was under a duty to inform all partners of its intention to pursue certain funding options. A claim – commenced by an urgent, without notice, delivery up and preservation application - for injunctive relief and damages against current directors, and individuals connected to them, following allegations of fraud against and diversion of business away from the claimant. Bringing a successful application for a mandatory interim injunction and subsequently for contempt of Court for the breach of that injunction on behalf of a start-up food manufacturer.