Mark Cooper

Mark’s experience includes:

Civil Disputes

• representing a leading UK bank in relation to unlawful means conspiracy and unjust enrichment proceedings against multiple individuals and corporate defendants;
• successfully acting for a foreign corporate in proceedings before the Court of Appeal and Supreme Court in relation to the benefits received by a former business partner in breach of his fiduciary duties;
• representing the branch of a leading international private bank in relation to proceedings arising out of a USD 300M fraud judgment against former individual and corporate customers;
• defending a major private bank in relation to claims for breach of fiduciary duty arising out of historic finder agreements;
• acting for a foreign corporate in proceedings concerning the enforceability and wrongful termination of various conditional fee agreements;
• advising a UK private bank on recovery in relation to various defaulted facilities secured against high value residential and commercial property;
• acting for a US investment bank in the context of market manipulation and fraudulent bankruptcy charges in Italy; and
• acting for a leading UK bank in relation to claims brought by shareholders arising out of a rights issue.

Insolvency Disputes

• acting for a corporate trustee in the context of claims in excess of a billion USD arising in multiple jurisdictions following the insolvency of a bond issuer; and
• advising various clients on the recovery of assets following the collapses of Lehman Brothers and MF Global.

Tax Disputes

• acting for a US investment bank in judicial review proceedings in connection with disputed VAT assessments;
• advising a large UK corporate on the recovery of historic VAT overpayments;
• undertaking an internal investigation for a Fortune 500 commodities broker further to enquiries by a foreign prosecutor in relation to third party suppliers; and
• advising various foreign and UK banks on responding to production orders related to HMRC investigations.

Contentious Regulatory Proceedings

• successfully defending a commodities trader at a major international trading and supply company in connection with a criminal and civil market abuse investigation by the FCA.

Mark regularly presents to clients on all aspects of dispute resolution.  Recent presentations include: Group Litigation and Class Actions in England and Wales; The Expansion of Financial Institutions’ Duties of Care: Quincecare and Braganza?; Strategies and Pitfalls in the Early Stages of Litigation; and Coping with Court Orders.

Mark edits the Eversheds Sutherland Court Orders Update blog: https://bit.ly/30Dfuip. This provides regular updates, analysis and practical advice on the latest cases involving those court orders most commonly encountered by financial institutions (such as freezing orders, third-party debt orders and all forms of disclosure order).  Mark is currently co-producing a Global Guide to Freezing Orders which is due to be published in 2022.

Mark is described in Legal 500 as a “highly intelligent and go-getting partner – will leave no turn unturned to achieve client success” and as providing “very pragmatic, commercially aware advice”.

Mark is part of the Litigation & Dispute Management’s Funding Group.  He has experience of structuring bespoke alternative fee solutions (including involving third party funding and/or insurance), so as to enable clients to pursue matters with no or reduced cost exposure.

Mark is also a member of the Litigation & Dispute Management Pro Bono Committee.

• Solicitor Advocate (Higher Courts Civil and Criminal Proceedings), 2010
• Postgraduate Diploma in Legal Practice, 2003-4
• Postgraduate Diploma in Law, 2002-3
• MA, Modern History, Oxford University, 1999-2002