Mark Hubbard

Barrister, New Square Chambers

Mark is a barrister with a reputation as a litigator in commercial litigation, contentious trusts, civil fraud, company, insolvency, regulatory cases as well as advisory work in those fields. His practice has a substantial offshore and international element. Mark has particular experience of litigation in the Bahamas, the Isle of Man, Gibraltar, Guernsey, Jersey, Singapore and Switzerland and is praised by clients for his quick grasp of complex cases, and for the quality of his advocacy, advice, and client skills.

Contributed to

6

Derivative claim—the procedure

Practice notes

This Practice Note considers the key procedural aspects of pursuing a derivative claim, including pre-action funding and limitation issues, as well as the permission application required before a derivative claim can continue and what factors the court will consider in the permission application.

Dispute Resolution

Derivative claim—what it is and when to use it

Practice notes

This Practice Note considers what a derivative claim is and when it should be used to protect a minority shareholder’s rights. It also looks at who has standing to bring a derivative claim, which companies against whom a derivative claim can be brought, the grounds for bringing a derivative claim, the remedies available and the applicable costs.

Dispute Resolution

Just and equitable winding-up—the procedure

Practice notes

This Practice Note considers the procedure for petitioning the court to make a winding-up order on the just and equitable ground, including preliminary considerations of funding and limitation issues, key procedural steps and practical considerations.

Dispute Resolution

Just and equitable winding-up—what it is and when to use it

Practice notes

This Practice Note considers the statutory procedure of a winding-up petition on the just and equitable ground under section 122(1)(g) of the Insolvency Act 1986, what it is and when it can be used to protect minority shareholders’ rights. It looks at who can bring a petition, the companies against which a petition can be brought and the grounds for ordering a company to be wound up (including unfair prejudice). It also looks at the impact of the petitioner’s conduct (including delay) and the remedies available.

Dispute Resolution

Unfair prejudice claim—the procedure

Practice notes

This Practice Note considers the key procedural aspects of pursuing a section 994 unfair prejudice claim (previously known as a section 459 petition), including funding, limitation, an outline of the procedure and costs issues, as well as some general practical considerations.

Dispute Resolution

Unfair prejudice claim—what it is and when to use it

Practice notes

This Practice Note considers what an unfair prejudice claim or petition (a section 994 petition, previously known as a section 459 petition) is and when it should be used to protect a minority shareholder’s rights. It also gives examples of unfair prejudice and deals with the remedies available with reference to section 996 of the Companies Act 2006.

Dispute Resolution