Mark Vinall

Sole counsel for Phonographic Performance Limited (PPL) in a heavy third-party disclosure application heard in November 2023.

Sole counsel for defendant literary agent in commission dispute with well-known author. 

Sole counsel for Claimant in LCIA Arbitration between the co-producers of a successful musical. 

Junior counsel for applicants in reference to the Copyright Tribunal of PPL’s proposed new tariff for “specially featured entertainment”, which will substantially increase fees payable by nightclubs, pubs and bars for using recorded music with a DJ and/or dancing.

Sole counsel for claimant management company in dispute with songwriter about whether the management agreement covered the Ed Sheeran hit Thinking Out Loud.

Sole counsel for one of the defendants in claim raising the question whether the Business Protection from Misleading Marketing Regulations 2009 give rise to a private right of action by advertisers’ competitors.

Sole counsel for an international broadcaster in an ICC arbitration about broadcasting rights to sporting events.

Sole counsel for guitarist Ritchie Blackmore in royalties dispute with companies controlling the Deep Purple catalogue.

Sole counsel for the Really Useful Group in successful claimarising out of the cancellation of the Jesus Christ Superstar US arena tour. 

Junior counsel for Twentieth Century Fox in a dispute about accounting for DVD sales.

Monty Python and the Holy Grail / Spamalot royalties dispute.

Profit share claim concerning Eva Cassidy recordings.

Mark acted for the Premier League (led by Jane Mulcahy KC) in a complaint brought by the Premier League against Nottingham Forest FC which led to a four-point deduction being imposed for a breach of the Premier League’s Profitability and Sustainability Rules (PSRs).

The Club admitted that it breached the relevant PSR threshold of £61 million by £34.5 million. The threshold applicable to the Club was lower than the usual £105 million as the Club had spent two seasons of the assessment period in the EFL Championship.

The case was heard in accordance with the new “standard directions”, which provide for an expedited timetable so that PSR cases can be resolved in the same season the complaint is issued.

A hearing took place on 7-8 March, at which the Club advanced various mitigating factors. The Commission rejected most of these but found that the club had demonstrated “exceptional cooperation” in its dealings with the Premier League throughout the process.

The Commission’s decision can be read here.

Mark Vinall, acting on behalf of the international law firm CMS, has obtained an order requiring the footballer Lionel Messi to attend the High Court in London to be cross-examined about his assets. 

Sole counsel for an international broadcaster in an ICC arbitration about broadcasting rights to sporting events.

Sole counsel for governing body in a high-profile appeal against its decision not to select an athlete for the London 2012 Olympic Games.

Acting for the RFU in an appeal by the Championship-winning club barred from promotion to the Premiership because of its ground-sharing arrangements (led by Andrew Green QC). 

Mark acted as sole counsel on an application by the Third and Fourth Parties to discharge a worldwide freezing injunction. The judgment establishes that an applicant for a freezing injunction in support of an additional claim under CPR Part 20 must show a good arguable case both (a) by the claimant against the defendant; and (b) by the defendant against the third party.

Counsel for the "Peters & Peters" group of claimants in large-scale litigation against the promoters of film investment schemes. Mark worked on the case for almost 6 years, initially as junior counsel then as sole counsel. The case settled just before trial in May 2022.

https://www.thelawyer.com/settlement-reached-ahead-of-ingenious-mammoth-20-week-trial/ 

Junior counsel for the Claimant company, which was the victim of a $5m "authorised push payment" fraud, in proceedings against the recipient's bank. The claim raised important issues including whether an international bank transfer led to the bank being enriched "at the expense of" the claimant. 

The full judgment is available here.

Mark Vinall, acting on behalf of the international law firm CMS, has obtained an order requiring the footballer Lionel Messi to attend the High Court in London to be cross-examined about his assets. 

Acting for Petropavlovsk plc, a FTSE 250 gold-mining company, in an urgent Companies Court application in the run-up to a Requisitioned General Meeting (with Andreas Gledhill QC). 

Junior counsel for a group of claimants (consisting largely of ex-professional footballers) suing the promoters of film investment schemes and advisers. After the claimants defeated an application for summary judgment on limitation grounds, the case is proceeding towards trial. 

Acting for claimant in substantial dispute between children’s entertainment media companies (ongoing). Case has so far involved:

-              Successful without notice application for computer imaging order

-              Successfully resisting a discharge application

-              Acting as sole counsel at CMC raising issues about the disclosure pilot scheme

-              Listed for trial in 2021.

Junior counsel for companies in the Lush Cosmetics group in dispute about the construction of pre-emption provisions in articles of association.

Junior counsel for members of a wealthy Saudi family seeking to secure assets to enforce a judgment (led by Robert Anderson QC). Obtained order from Males J for access to premises and delivery up of luxury vehicles

Junior counsel for auctioneers Bonhams in several related sets of Commercial Court proceedings concerning the sale of a 1954 Ferrari 375 Plus for £9.6 million.  Settled just before trial in April 2016. Led by Ian Mill QC.

Junior counsel for two parties to multi-party Commercial Court proceedings worth over £100 million. Hearing in February 2015 as to whether defendant’s change of case was an abuse of process. Settled in May 2016. Led by Ian Mill QC.

Acted for one of the successful appellants (Decadent Vapours Ltd) in he leading case on relief from sanctions under CPR r.3.9. Led by Gerard Clarke.

Sole counsel for Claimants in substantial negligence claim against an international law firm, arising out of a missed limitation period. 

Mark acted as sole counsel on an application by the Third and Fourth Parties to discharge a worldwide freezing injunction. The judgment establishes that an applicant for a freezing injunction in support of an additional claim under CPR Part 20 must show a good arguable case both (a) by the claimant against the defendant; and (b) by the defendant against the third party.

Counsel for the "Peters & Peters" group of claimants in large-scale litigation against the promoters of film investment schemes. Mark worked on the case for almost 6 years, initially as junior counsel then as sole counsel. The case settled just before trial in May 2022.

https://www.thelawyer.com/settlement-reached-ahead-of-ingenious-mammoth-20-week-trial/ 

Junior counsel for the Claimant company, which was the victim of a $5m "authorised push payment" fraud, in proceedings against the recipient's bank. The claim raised important issues including whether an international bank transfer led to the bank being enriched "at the expense of" the claimant. 

The full judgment is available here.

Acting for claimant in substantial dispute between children’s entertainment media companies (ongoing). Case has so far involved:

-              Successful without notice application for computer imaging order

-              Successfully resisting a discharge application

-              Acting as sole counsel at CMC raising issues about the disclosure pilot scheme

-              Listed for trial in 2021.

Junior counsel for a group of claimants (consisting largely of ex-professional footballers) suing the promoters of film investment schemes and advisers. After the claimants defeated an application for summary judgment on limitation grounds, the case is proceeding towards trial. 

Acting for respondents to search and freezing orders in international litigation involving the alleged setting-up of a competing business by an employee (led by Tom Weisselberg QC).

As sole counsel, successfully obtained the discharge of a freezing injunction with indemnity costs on grounds of misrepresentation and non-disclosure.

Counsel for the "Peters & Peters" group of claimants in large-scale litigation against the promoters of film investment schemes. Mark worked on the case for almost 6 years, initially as junior counsel then as sole counsel. The case settled just before trial in May 2022.

https://www.thelawyer.com/settlement-reached-ahead-of-ingenious-mammoth-20-week-trial/ 

Junior counsel for a group of claimants (consisting largely of ex-professional footballers) suing the promoters of film investment schemes and advisers. After the claimants defeated an application for summary judgment on limitation grounds, the case is proceeding towards trial. 

Acted for around 100 IFAs defending multi-million pound Commercial Court claims brought by the FSCS as assignee from investors who purchased Keydata traded life policy investments (led by Barbara Dohmann QC).

Junior counsel for Claimant holder of petroleum production licences in claim for interim relief to restrain the circulation of a notice by the OGA. The case raised issues about the scope of the arbitration clause in the licences and whether the proceedings should be brought under s.44 of the Arbitration Act 1996 or by way of judicial review. 

Sole counsel for Claimant in LCIA Arbitration between the co-producers of a successful musical. 

Sole counsel for an international broadcaster in an ICC arbitration about broadcasting rights to sporting events.

ICC arbitration before Lord Collins of Mapesbury concerning whether a guarantee incorporated an arbitration clause

Mark was part of the legal team acting for the Secretary of State (led by Lord Pannick KC and Sir James Eadie KC) in the Divisional Court, Court of Appeal and Supreme Court in this high-profile challenge to decisions to remove the Claimants to Rwanda under the Migration and Economic Development Partnership.

Junior counsel for the Secretary of State in a challenge to the regime for electronic monitoring as a condition of immigration bail. Led by Mathew Gullick KC. 3-day hearing in December 2023.

Worked pro bono with Linklaters in a successful judicial review challenge to the certification of the asylum claim of a LGBTQ asylum-seeker fearing persecution by their family.

Mark acted as Advocate to the Court in this important case about the extent to which dentists are entitled to charge "top-up" fees for work carried out on the NHS. https://caselaw.nationalarchives.gov.uk/ewca/civ/2023/481

Junior counsel for the defendant Secretaries of State in application for interim relief brought by an Afghan judge challenging the refusal to consider his application for entry clearance until he had provided biometrics.  

Junior counsel for Claimant holder of petroleum production licences in claim for interim relief to restrain the circulation of a notice by the OGA. The case raised issues about the scope of the arbitration clause in the licences and whether the proceedings should be brought under s.44 of the Arbitration Act 1996 or by way of judicial review. 

Representing the ICAEW before the Review Committee and Appeal Committee in proceedings involving the withdrawal of a Chartered Accountant's insolvency licence. Link: https://www.icaew.com/-/media/corporate/files/about-icaew/what-we-do/protecting-the-public/disciplinary-orders/a-duncan-054084-public-rod.ashx 

Acted for the Investigation Committee in proceedings before a Disciplinary Committee Tribunal involving complex allegations that Chartered Accountants had knowingly understated the financial position of their company.

The published decision is available here (p.13). 

Acted for Investigation Committee, successfully resisting appeals against findings and sanction imposed by the Disciplinary Committee Tribunal. The appellant was excluded from membership of ICAEW for misleading investors about the level of his remuneration as a director of "recovery" companies set up to acquire land which had previously been the subject of an illegal land-banking scheme. 

The published decision is available here (beginning at p.6).

Junior counsel for the Interested Party, the Offshore Transmission Owner (OFTO), in a dispute about whether losses from a sub-sea cable failure could be recovered under the OFTO's electricity transmission licence. Led by Michael Fordham QC.

The Administrative Court found that an FRC Disciplinary Tribunal had acted unfairly by making unqualified findings that a named non-party had committed wrongdoing.

West Coast Main Line rail franchising procurement dispute.

Junior counsel for Ofcom in successful appeal against costs order made by the Competition Appeal Tribunal. The Court of Appeal set out the correct approach to costs in regulatory appeals. 

First junior counsel for Ofcom in wide-ranging challenge to Ofcom’s Business Connectivity Market Review. 16-day hearing in the Competition Appeal Tribunal (before Snowden J) on market definition issues in April/May 2017. Mark conducted 1.5 days of the cross-examination.

Acting for Ofcom in the first Supreme Court case on the EU Common Regulatory Framework for Electronic Communications (led by Javan Herberg QC). Also appeared in the 11-day hearing in the Competition Appeal Tribunal ([2011] CAT 24), and in the Court of Appeal [2012] EWCA Civ 1002. The case involved Ofcom’s dispute resolution powers following a challenge to BT’s “ladder pricing” termination charges for 08 numbers.