Mark Tempest

Formerly a research assistant at the Law Commission; lawyer in the Solicitor’s Department at Lloyd’s of London; member of the Treasury Solicitor’s commercial litigation team acting for the Ministry of Defence.

Court of appeal

• Boston Trust Company Ltd and another v Verhoef [2021] EWCA Civ 1176; [2021] 2 BCLC 808 – Conditional permission to pursue a multiple derivative claim should not be given where the Claimant lacks locus standi, but seeks to obtain it in parallel proceedings.
• RL and others -v- London Borough of Croydon [2018] EWCA (Civ) 726, [2018] WLR (D) 212 Times 4th June 2018
  Costs – definition of successful party in compromised judicial review proceedings and the relevance of causation.
• Hall and another -v- Hawk Recovery Limited [2017] EWCA 1829 (Civ)
  Whether a bankrupt can personally defend a claim against the estate in bankruptcy on the ground of abuse of process.
• Bluebird Productions Limited v Eustace [2015] EWCA (Civ) 423
  Discharge of a freezing order used oppressively – relevance of Fiona Trust principle.2015] EWCA Civ 423
• Charalambous & Anor -v- Ng & Anor [2014] EWCA (Civ) 1604
  Retroactive effect of sections 212-215 Housing Act 2004. The sections were amended by the Deregulation Act 2015 as a result of this case.
• Morshead Mansions Limited -v- Di Marco [2014] EWCA (Civ) 96 [2014] 1 WLR 1799
  Availability of civil remedy for failure to comply with section 21 of the Landlord and Tenant Act 1985
• Knight Frank LLP -v- Du Haney [2011] EWCA 404, [2011] 16 EGLR 78 Extent of agent’s warranty of authority.

High Court

• London Borough of Lambeth  v Grant and Others [2021] EWHC 1962 (QB)  Mass trespass camp and right to protest against COVID restrictions. Articles 10 and 11 ECHR. The case involved a career first – facing an argument based on Magna Carta (found to be totally without merit).
• Ampalam v Karthik [2020] EWHC 3407 (QB)  Joint working relationship- was it a partnership or a contract of employment? A three day remote trial that turned entirely on credibility.
• Hawk Recovery Limited v Eustace [2016] EWHC 115 (CH)
• Briarleaf Limited v Eustace [2016] EWHC 223 (CH)
• Bluebird Productions Limited v Eustace [2014] EWHC 1095 (QB)
• Sargespace Limited v Eustace [2013] EWHC 2944 (QB) -the “Hunny Bunny” litigation. The judgment of Males J. in Sargespace features in the ICLR’s list of best opening lines in a case reported on BAILII.
• Watson -v- Chapple & Co [2008] EWHC Lawtel 19th May 2008- remedy for solicitor’s negligent failure to apply to European Court of Human Rights – declaration by English judge that ECHR would have found a breach of Article 6 ECHR. The declaration was recognised as equivalent to a finding of the ECHR by the Criminal Cases Review Commission for England and Wales.
• McDower -v- Secretary of State for the Home Department [2007] EWHC Admin 272 – whether notice on solicitor effective on client, effect of delay by government department.
• GCI Banking Ltd –v- Apalara and another [2007] All ER (D) 172 -scope of agreement in restraint of trade.
• Coca-Cola Co -v- Aytacli EWHC Times , 11 February 2003 – burden of proof in contempt proceedings, trade mark infringement.

• Civil Penalties New Law Journal 5th June 2009.
• Is the clock ticking for squatters? New law Journal 28th September 2012.
• Statutory Overkill – deposit protection and the Deregulation Act 2015. New Law Journal 23rd July 2015.

• Middle Temple
• Faculty member, Middle Temple Advocacy

Mark’s interests include triathlon, in which he has represented over the years Cambridge in the varsity match, Great Britain (long distance group “H”) and his local club in East London.

Licence 2 (DEUG) mention droit/sciences politiques University of Paris 1 Panthéon-Sorbonne.

Master’s degrees in law from the University of London (UCL and Centre for Commercial Law Studies) and in international relations from the University of Cambridge (Selwyn College).

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