Marc Brittain
Membership Status: Barrister - Full Member
General Information
Marc is an experienced commercial and chancery practitioner. His broad litigation and advisory work covers most areas of the law normally litigated in the Chancery and Queens Bench Division, including:
- Company law and partnership
- Shareholder disputes
- Corporate and personal insolvency
- Breach of Contract
Furthermore, Marc has developed a practice acting for lenders and in particular short-term bridging lenders and mortgage/civil fraud-related disputes. He has also recently acted for Defendants in a number of complicated ‘land banking’ claims brought in the Chancery Division by the Financial Services Authority.
International expertise
Marc has been a High Court Examiner for the purpose of litigation in the United States of America and has appeared in the Privy Council on appeal from the New Zealand Court of Appeal. He has also advised in the Isle of Man on a case involving British litigants and Her Majesty’s Customs and Excise.
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Publications
Notable Cases
- County Leasing Asset Management Ltd & 5 ors v Mark Glenn Hawkes [2015] EWCA Civ 1251 - Acting for the successful appellants in this case, in which the Court of Appeal has provided guidance on the principles applicable to the Court’s discretion, when making an order for the restoration of a dissolved company, to order that the period of dissolution should not count for limitation purposes: aka a ‘limitation direction’.
- Wingfield Financial Heritage v Ikeji [2015] High Court QBD - Acting for the claimant lender in several hearings before Chancery judges and QB Masters in a claim in which issues of ‘default penalty interest’ arose.
- Elliott Green (as liquidator of Ice Commercial Developments Ltd) v Singh [2014]?ChD (Manchester District Registry) - Acting on behalf of a former director of the company and successfully resisting a claim for damages for wrongful trading.
- Foreprime Properties Limited v Cheval Bridging Finance [2014] ChD - Successfully representing the defendant in a claim where the claimant alleged sale by the defendant mortgagee in possession of property at an undervalue.
- Martha Khan v Samir Bashir [2013] EWHC 957 QB - Freezing order/striking out claim.
- Grunwick v Dhanak & Perera [2012] EWCA Civ 1250 - Acting for one of the defendants (D) in a trial that lasted over 2 weeks and then in the Court of Appeal. P was employed by G in their silver recovery department. He sold silver flakes to D, D did not pay and P sued D. G found out about the claim and joined into the claim, alleging that the silver flakes had been stolen from them by P. D successfully raised the defence of ‘illegality’ to resist P’s claim. G succeeded against P but did not pursue D.
