Marc Brittain | Barrister

Marc Brittain - ShenSmith Barristers

Year of Call: 1983

Practice Groups:

Regulatory
Dispute Resolution
Direct Access Barristers
Commercial
Civil

Areas of Practice:

Commercial
Civil
Property
Insolvency

BA (Business Law)

Marc’s practice covers a broad range of Chancery and commercial litigation and he
has substantial experience in both litigation and advisory work. He is also qualified to
undertake direct access work and frequently does so.
In particular, Marc’s practice covers general contractual disputes, insolvency (both
company and individual), company related disputes (including fraudulent/wrongful
trading and breach of director’s duties), property and land registration.
Furthermore, Marc has developed a practice acting for lenders and in particular short-
term bridging lenders and mortgage/civil fraud related disputes.
He has also recently advised the British Darts Organisation.
Marc has also been a High Court Examiner for the purpose of litigation in the United
States of America and has appeared in the Privy Council on appeal from the New
Zealand Court of Appeal as well as advising in the Isle of Man on a case involving
British litigants and Her Majesty’s Customs and Excise.
He has also recently acted for Defendants in a number of complicated ‘land banking’
claims brought in the Chancery Division by the Financial Services Authority.
Recent cases include:
Wingfield Financial Heritage v Ikeji [2015] High Court QBD
Acting for the Claimant lender in several hearings before Chancery judges and QB
Masters in a claim in which issues of ‘default penalty interest’ arose.
Elliott Green (as liquidator of Ice Commercial Developments Ltd) v Singh [2014]
ChD (Manchester District Registry)
Acting on behalf of a former director of the company and successfully resisting a
claim for damages for wrongful trading.
Foreprime Properties Limited v Cheval Bridging Finance [2014] ChD
Successfully representing the Defendant in a claim where the Claimant alleged sale
by the Defendant mortgagee in possession of property at an undervalue.
Martha Khan v Samir Bashir [2013] EWHC 957 QB
Freezing order/striking out claim.
Grunwick v Dhanak & Perera [2012] EWCA Civ 1250
Acting for one of the Defendants (D) in a trial that lasted over 2 weeks and then in the
Court of Appeal. P was employed by G in their silver recovery department. He sold
silver flakes to D, D did not pay and P sued D. G found out about the claim and joined
into the claim, alleging that the silver flakes had been stolen from them by P. D
successfully raised the defence of ‘illegality’ to resist P’s claim. G succeeded against
P but did not pursue D.
Current work includes:
Acting in a number of substantial linked cases proceeding in the High Court involving
claims in which the Claimants are suing for the return of money allegedly paid to the
Defendant for the purchase of property in Dubai, alleging fraudulent
misrepresentation by D.
A substantial case proceeding in the High Court in which C, a Kuwaiti, is claiming a
right to ‘trace’ money into a property purchased by D in this jurisdiction.
A case proceeding in the Chancery Division of the High Court involving the use of
alleged ‘confidential information’ obtained from the husband by the wife in which the
Husband is seeking to injunct the wife from using the material in Family Proceedings.
Marc’s practice covers a broad range of Chancery and commercial litigation and he has substantial experience in both litigation and advisory work. He is also qualified to undertake direct access work and frequently does so.
In particular, Marc’s practice covers general contractual disputes, insolvency (both
company and individual), company related disputes (including fraudulent/wrongful
trading and breach of director’s duties), property and land registration.
Furthermore, Marc has developed a practice acting for lenders and in particular short-term bridging lenders and mortgage/civil fraud related disputes.
He has also recently advised the British Darts Organisation.
Marc has also been a High Court Examiner for the purpose of litigation in the United States of America and has appeared in the Privy Council on appeal from the New Zealand Court of Appeal as well as advising in the Isle of Man on a case involving British litigants and Her Majesty’s Customs and Excise.
He has also recently acted for Defendants in a number of complicated ‘land banking’ claims brought in the Chancery Division by the Financial Services Authority.

Notable Cases

Wingfield Financial Heritage v Ikeji [2015] High Court QBD

Acting for the Claimant lender in several hearings before Chancery judges and QB

Masters in a claim in which issues of ‘default penalty interest’ arose.
Elliott Green (as liquidator of Ice Commercial Developments Ltd) v Singh [2014] ChD

(Manchester District Registry)

Acting on behalf of a former director of the company and successfully resisting a
claim for damages for wrongful trading.
Foreprime Properties Limited v Cheval Bridging Finance [2014] ChD
Successfully representing the Defendant in a claim where the Claimant alleged sale
by the Defendant mortgagee in possession of property at an undervalue.
Martha Khan v Samir Bashir [2013] EWHC 957 QB
Freezing order/striking out claim.
Grunwick v Dhanak & Perera [2012] EWCA Civ 1250
Acting for one of the Defendants (D) in a trial that lasted over 2 weeks and then in the
Court of Appeal. P was employed by G in their silver recovery department. He sold
silver flakes to D, D did not pay and P sued D. G found out about the claim and joined
into the claim, alleging that the silver flakes had been stolen from them by P. D
successfully raised the defence of ‘illegality’ to resist P’s claim. G succeeded against
P but did not pursue D.

Current work includes:
Acting in a number of substantial linked cases proceeding in the High Court involving
claims in which the Claimants are suing for the return of money allegedly paid to the
Defendant for the purchase of property in Dubai, alleging fraudulent
misrepresentation by D.
A substantial case proceeding in the High Court in which C, a Kuwaiti, is claiming a
right to ‘trace’ money into a property purchased by D in this jurisdiction.
A case proceeding in the Chancery Division of the High Court involving the use of
alleged ‘confidential information’ obtained from the husband by the wife in which the
Husband is seeking to injunct the wife from using the material in Family Proceedings.