Staff ProfileMark is a Director in DQ’s Dispute Resolution department, and heads DQ’s Insolvency & Restructuring team.
Director/ Head of Insolvency & Restructuring
Mark is a Director in DQ’s Dispute Resolution department, and heads DQ’s Insolvency & Restructuring team. Since qualifying as a Manx Advocate in 2012 Mark has regularly appeared at all levels of the Isle of Man High Court of Justice.
Mark practices a wide range of commercial litigation, but has particular experience in acting in commercial disputes (ranging from complex contractual disputes through to issuing proceedings seeking to secure and recover substantial assets such as private jets, yachts and properties held through Isle of Man companies), fraud & asset recovery, corporate insolvency, claims against directors, the appointment of receivers, applications for injunctive relief, trust disputes, enforcing foreign judgments and assisting with the recognition of foreign trustees in bankruptcy and obtaining of ancillary orders from the Isle of Man High Court.
Mark has been regularly ranked by the Legal 500 and Chambers & Partners UK, and is a member of the IFG (previously known as the Fraud Network), which is a handpicked group of specialist fraud lawyers across the world focused on securing injunctions, asset recovery and trust busting remedies in key offshore jurisdictions. Mark is a member of the Channel Islands & Isle of Man Committee of FIRE (Fraud. Insolvency. Recovery. Enforcement).
Mark has previously completed a long-distance master’s degree in Corporate and Insolvency Law with Nottingham Law School, earning not only a distinction but also being awarded a prize for the best overall performance in the Law School. Furthermore, Mark has recently been appointed as an Adjudicator with the Isle of Man Office of Fair Trading Financial Services Ombudsman Scheme.
Some notable cases in which Mark has recently acted in include:
- Paul Allen and Paul Atkinson as Joint Trustees in Bankruptcy of the Insolvent Estate of Jacobus Adriaan Paulsen (Deceased) v Zedra Trust Company (Isle of Man) Limited as Trustee of the Eldoriange Trust – Acting in substantive proceedings issued in the Isle of Man High Court by English bankruptcy trustees of the deceased settlor’s Estate (allegedly insolvent to the value of £40 million) seeking documentation from the trustee concerning an Isle of Man trust. The judgment is a rare example summarising how section 366 of the English Insolvency Act and English common law concerning the operation of the same can be directly applied in the Isle of Man, and in particular, confirms that a “categories” based order for the production of classes of documents to English bankruptcy trustees is typically a more appropriate and usual form of order.
- Zedra Trust Company (Isle of Man) Limited As Trustee of the Eldoriange Trust – Successfully obtaining on an urgent basis the blessing by the Isle of Man High Court of a momentous decision by the trustee (pursuant to section 61 of the Trustee Act 1961) and beddoe relief in respect of responding to related court proceedings issued in the Isle of Man High Court by foreign bankruptcy trustees of the deceased settlor’s Estate (allegedly insolvent to the value of £40 million) seeking information from the trustee concerning an Isle of Man trust.
- AAO Technologies Limited v The Isle of Man Financial Services Authority (Financial Services Tribunal) – Acting for the Appellant in successfully obtaining the first ever reported costs order against the Isle of Man FSA in the Financial Services Tribunal. The Appellant was successful in arguing that the revocation of two public decisions by the FSA after the appeals process had been instigated by the Appellant was an attempt by the FSA to render the Tribunal functus officio and that it had exceeded its powers and in doing so had acted unreasonably. As such, in granting a costs order the Chairman was satisfied that the FSA had acted “vexatiously, abusively, disruptively or otherwise unreasonably”.
- Peter John Lowe and Julie Lowe v 458 Limited (Land Commissioner) – Acting for the applicants before the Isle of Man Land Commissioner in satisfying the Deemster after a contested witness trial that the application was “one of the rare exceptions where I should exercise my discretion and order rectification” of the Isle of Man Land Register.
- Fry, Shankland & Hyde (acting as Joint Trustees in Bankruptcy of Olena Tyschenko) v Baker Tilly Isle of Man Fiduciaries Limited – Acting for Baker Tilly in respect of the bankruptcy of a high-profile Ukrainian national. Baker Tilly were added by the English joint trustees in bankruptcy to recognition proceedings before the Isle of Man High Court of Justice, in circumstances where Baker Tilly required a court order in order to compel the production of certain confidential documentation with an ancillary order for the costs of compliance.
- Hannah Davie and Nicholas Stewart Wood (as Joint Trustees in Bankruptcy of Kamal Siddiqi, deceased) – Successfully obtaining the urgent recognition in the Isle of Man of English Joint Trustees in Bankruptcy in order to assist with ascertaining whether the Bankrupt had any interest in an Isle of Man company, suspected of owning English properties with a value of between £5-5.6 million.
- Hermitage One Limited v Heda Airlines Limited – Acting for the Claimant in proceedings issued in the Isle of Man High Court of Justice totalling US$15 million relating to the financing of a Bombardier aircraft. This case was set against the wider background of a high-profile $3 billion Russian divorce, with other related proceedings in various other jurisdictions including England & Wales, Switzerland and Monaco. This case involved a three-day witness trial, with complex arguments concerning the construction of a loan agreement and also a counterclaim for rectification of the contract. Interestingly, with some of the witnesses being outside of jurisdiction and strict covid travel restrictions in place at that time on the Isle of Man a hybrid trial took place, with witnesses giving a mixture of evidence in person and via video link.
- Felicity Kniveton v Public Sector Pensions Authority (Staff of Government Division) – Successfully acting for the Respondent in a judgment where the Appellant was refused permission by the Staff of Government Division to bring a “second appeal”. In particular, the Staff of Government Division concisely summarised the law applicable in the Isle of Man where an Appellant brings a second appeal, which has subsequently been cited with approval in more recent judgments.
- Kerr v Borough of Douglas (Staff of Government Division) – Successfully acting for the Respondent in a tenancy repossession case both in the court of first instance and at appellate level. This is the leading Staff of Government Division judgment in respect of how the Court will consider applications by public authorities to repossess public sector residential properties and how this interacts with the Human Rights Act 2001.
- Re: Kenichi Machida (as trustee in bankruptcy of Shingi Nishida) – Appearing on a without-notice basis in seeking the common law recognition in the Isle of Man of a Japanese Trustee in Bankruptcy.
- Exclusiva General v Vorko Corp & Ots – Acting for the claimant creditor in insolvency proceedings (based upon an alleged debt of £25 million) and appearing in respect of applications for security for costs, requests for further information and the determination of a preliminary issue.
- Baggaley v St. Christopher’s Fellowship (Employment Tribunal) – Acting for the respondent in successfully arguing that there had been no dismissal of the employee for the purposes of the Employment Act 2006.
- Felicity Kniveton v Public Services Commission – Acting for the Defendant in successfully arguing that the terms and scope of a compromise agreement prohibited a significant claim against it for an alleged pension entitlement in the Isle of Man High Court of Justice.
- Taylor v Hewitt (Employment Tribunal) – Successfully acting for the claimant in a preliminary hearing to determine the employment status of a dentist for the purposes of the Employment Act 2006. This case addresses the persuasiveness of English judicial precedent in the Isle of Man Employment Tribunal.
- Felicity Kniveton v Public Services Commission and Public Sector Pensions Authority – Acting for the Defendants in successfully striking-out doleance proceedings (judicial review) issued by the Claimant.
- Felicity Kniveton v Public Sector Pensions Authority – Acting for the Defendant in successfully defending an appeal on a point of law by the Claimant in relation to a decision by the Deputy Pensions Ombudsman for the Isle of Man.
Mark has been consistently ranked by both the Legal 500 and Chambers & Partners UK. Mark is ranked by the Legal 500 (2021 Edition) as a “Next Generation Partner” for Dispute Resolution, and has been previously been ranked by the Legal 500 as a “Next Generation Partner” in its 2020 Edition for Employment. Mark has previously been a “Rising Star” for Dispute Resolution (2020 Edition) and Employment (2021 Edition), as well as being a “Next Generation” lawyer in the 2017, 2018 and 2019 editions of the Legal 500.
In particular, some notable recent quotes include:
- Chambers & Partners UK 2022 – “Mark’s advice is always pragmatic. His experience enables him to provide tailored advice which always has the client’s best interest and outcome in mind.” … “He is incredibly responsive and very knowledgeable.”
- Legal 500 (2022 Edition) – “Mark Emery stands out for his depth of experience which means he can quickly assess complex matters and give good strategic advice. He has an excellent inter-personal manner, highly professional and very approachable.”
- Chambers & Partners UK 2021 – “He is one of the brightest lawyers I’ve come across – he’s a real rising star.”
- Legal 500 (2021 Edition) – “Mark Emery… has a strong background in the insolvency arena.”
- Chambers & Partners UK 2020 – “According to a client, “Mark’s strengths are his tenacity, boundless energy, pragmatism and can-do attitude.”
- Legal 500 (2020 Edition)– “Mark Emery is making a name in the contentious insolvency field as well as advising on professional negligence, data protection and mutual legal assistance issues”
- Chambers & Partners UK 2019 – “really impressive, very sensible, pragmatic and realistic when dealing with clients.”
- Chambers & Partners UK 2017 – noted Mark’s “impressive and concise” presentation
Mark was also previously awarded the Isle of Man Law Society’s George Johnson Prize for an essay entitled “What effect does legal precedent from other jurisdictions have on the courts in the Isle of Man”, which is available to read here.