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UK Bar Guide
Individual Profile

Mark Fell

Radcliffe Chambers - London

Mark Fell - Radcliffe Chambers
  • 11 New Square
  • London, Greater London, UK
  • WC2A 3QB

Profile submitted by Mark Fell

Practice Areas

Commercial chancery, with a particular specialism in financial services. Notable cases: HMRC v Smart [2016] BPIR 1329 (use of EU mutual assistance directive in insolvency); Koksal v FCA [2016] CTLC 201 (financial services authorisation); PDHL v FCA [2016] UKUT 130 (TCC) (Tribunal power to suspend); FCA v HFO [2015] UKUT 0118 (AAC) (transfer of consumer credit regulation to FCA); EP Barrus v HMRC [2013] UKUT 449 (TCC) and [2016] (customs union reference to the European Court of Justice); HMRC v Ben Nevis [2012] STC 2157 and [2014] WTLR 1 (mutual assistance treaty between the UK and South Africa); Atlas v HMRC [2014] STI 2664 (VAT exemption case); Pius v Land Registry [2013] EWHC 2217 (Ch) (judicial immunity from suit); HMRC v Ali [2012] STC 42 (existing cause of action requirement for freezing orders); HMRC v Harris [2011] STI 3429 (status of tax assessments in the High Court); OFT v Compensation Professionals [2010] UKFTT 240 (GRC) (public interest immunity). Notable advisory projects: advising a major banking group on aspects of the retail/investment bank ring fencing regime; advising on three multi-billion pound building society M&A transactions during the financial crisis; and advising on a clearing bank’s account terms and conditions in the run up to the overdraft charges litigation.

Professional Memberships

ChBA, COMBAR, FSLA.

Career

Called 2004. Attorney General’s A Panel (2017-); B Panel (2013-2017); C Panel (2009-2013).

Publications

Co-editor of Wurtzburg & Mills Building Society Law (looseleaf); co-author of Retail Mortgages: Law, Regulation and Procedure (2013).

Personal

Born 1979. Undergraduate, Corpus Christi College, Cambridge (MA Cantab, Double First). Scholar of Corpus Christi College, Cambridge. Postgraduate, the London School of Economics (MSc Lond, Distinction). Denning and Mansfield Scholar of Lincoln’s Inn. Trustee of one of the large London homeless charities.