Mark Gill – Quillon Law

Our Team

Mark Gill

Partner


T: +44 (0)203 840 4373 M: +44 (0)7842 223 815 E: mark.gill@quillonlaw.com

Partner

Mark Gill has nearly 40 years of experience advising banks and financial institutions on issues and acting for them in significant litigation. He has been recognised as an expert in the field of banking litigation, where he has utilised his strong sectoral knowledge, extensive legal acumen, and tactical and strategic ability to excellent effect.

Practice

Mark joined Wilde Sapte in 1979, following a short stint teaching at the University of Law, where he became a partner in 1985, rising to head of litigation, and member of the board, before its merger with Dentons, in 2000. In 2006, Mark joined as a partner and head of finance litigation at Addleshaw Goddard, retiring in 2018.

Mark has acted for a full range of retail and investment banks. He has handled virtually every type of banking dispute, including related regulatory issues, such as confidentiality, data protection, sanctions, and anti-money laundering. His litigation experience includes commercial lending claims (from inception to trial and appeal) and dealing with security of every type and set off. He has represented banks in cases of alleged- mis-selling of products.

Mark has advised on disputes over syndicated loans, bonds, derivatives, asset-based lending, plus documentary credits, negotiable instruments, and payments, as well as trust accounts. He has also been instructed on fraud claims, and cases where constructive and resulting trusts and tracing have been the determinative issues.

He has pursued professional negligence claims. In the course of his career, he has also acted on insolvency-related claims (including those connected to the financial services sector) and shareholder and trust disputes.

Cases

Ibrahim v Barclays Bank

[2012] EWCA Civ 640

Mark acted for the defendant bank in contesting an appeal by the claimant from an earlier decision of Vos J (as he then was). The trial judge held that the claimant had no rights of subrogation against the bank under agreements which had been entered into with several third parties, including a government department.

The appeal was concluded in favour of the bank. The appeal was significant for its consideration of the circumstances in which a payment made under compulsion (in this case, under a letter of credit) would discharge debt and attracted positive industry attention

Bank Leumi v Wachner

[2011] EWHC 656 (Comm)

Mark acted in this case for the bank claiming sums due on foreign currency options trading of some €13m. It is a leading case that has been relied on in numerous cases since. The case concerned trading, which ceased just before the onset of the credit crunch in 2008. The case had features that became common in credit crunch litigation.

The case was essentially one of alleged mis-selling. The defendant counterclaimed, alleging that the trades in question were entered into by her on the back of misrepresentations and negligent statements made by the bank. She also claimed for breach of statutory duty on the basis that the bank had failed to classify or categorise her correctly under the FSA Conduct of Business (COB) and (the succeeding) Conduct of Business Sourcebook Rules (COBS).

The trial judge dismissed her counterclaims for misrepresentation and negligent advice on the facts and held that the bank’s contractual terms underpinning the trades would have defeated the counterclaims in any event. In also dismissing the defendant’s counterclaims for breach of statutory duty, the judge gave an instructive analysis of the relevant regulatory regimes.

Industry Recognition

Praised by the directories for the originality and lateral thinking he uses when it comes to resolving disputes, Mark Gill is seen as “a respected presence in the banking and financial institutions market, with clients highlighting his ‘tactical nous’ and ‘very cerebral approach’ as strengths”.

Previous referees said Gill was “very unruffled and leads a team with a fairly relaxed, laid-back style, but is very experienced and has a very shrewd judgment, with a big picture view of the case”.

Others added Gill is “obviously very experienced and knows exactly what he is doing.  He’s got a very good overview of the litigation…. he never lets anything get to him.”

Gill is “ferociously smart, a real chess player of a litigator – [with] more moves ahead than anyone I’ve ever met.  To my mind, the best litigator out there,” said one. Another added that Gill’s “client relationship management is excellent and his advice is sound and practical”.

Gill is “particularly impressive on his feet and has an encyclopaedic knowledge of banking law”,:  making him a “go-to lawyer when you are in hot water.”

Chambers UK (2010-2020)

Similar recommendations can be seen in the Legal 500, which has praised Mark for being “cool under fire…” and “a go-to partner for large-scale litigation.”

According to the Legal 500, Mark Gill “has bags of experience and nous”, with referees calling Gill “truly exceptional,” being both “cerebral” and “never phased by the twists and turns of hard-fought litigation”. Clients commented that he “provides unlooked-for insights into the law and facts”. He was inducted into the Legal 500 Hall of Fame for banking litigation in 2018.

Legal 500

Education

LLB, University College, London

(Law) (First) (1974)

The College of Law, London

Law Society Finals (1975)

Solicitor of the Senior Courts of England & Wales

(1977)


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At Quillon Law, our strategy is about measured growth whilst being recognised as a destination practice of choice, in attracting like-minded practitioners. We aim to create a significant partnership covering all our key practice areas: commercial litigation, fraud and finance disputes, white collar and regulatory disputes, supported by the development of a class-leading approach to development, purpose, responsibility and inclusion across the firm as it grows. If you’d like to find out more about developing a career with us, drop us a line at careers@quillonlaw.com