Mark Burrows

Mark Burrows 

Senior Associate | Cayman

Insolvency and Corporate Disputes

Overview

Mark is a Senior Associate in the Insolvency and Corporate Disputes team and is based in Cayman. He has a broad practice covering all aspects of civil and commercial litigation.

Mark regularly advises clients in relation to the winding-up and restructuring of insolvent companies/entities; shareholder disputes, minority oppression and directors’ duties; share appraisal litigation, notably under s.238 of the Cayman Companies Act; asset recovery; the enforcement of domestic and foreign judgments; information gathering, including Norwich Pharmacal relief; various forms of injunctive relief, including freezing orders; the various forms of Court-granted administrative relief available to trustees.

"I pride myself on providing a personal service and genuine value to clients. My aim is always to help clients achieve their goals in as commercial and user-friendly a manner as possible. I look to build lasting relationships with clients based on success and exceptional customer service."

Experience

Mark qualified in November 2015 and currently has six years of post-qualification experience. Mark undertook a 12-month pupillage at a boutique litigation firm in Bermuda, Hurrion & Associates Ltd, where he worked exclusively on matters arising out of the renowned Madoff fraud. Upon qualifying, Mark worked in the dispute resolution department of Harney Westwood & Riegels’ Bermuda office as an associate. In March 2019 Mark transferred to Harneys’ Cayman office where he continued to work as an associate in the dispute resolution department.

Work highlights

  • Trina Solar Limited (“Trina Solar”) in the Grand Court of the Cayman Islands - Trina Solar was a share appraisal case under s.238 of the Cayman Companies Act to determine the fair value of Trina Solar Limited, with over US$300million at stake. Mark was part of the team, led by English Leading Counsel, that acted for Trina Solar in successfully obtaining a fair value marginally above the merger price.
  • Kwok v Convoy Global Holdings Ltd ("Convoy") - The Convoy proceedings arose out of the long-running and well-publicized shareholder dispute for control of Convoy Global Holdings Ltd, a prominent Asian financial services firm. Mark acted as part of the team, led by English Leading Counsel, for Convoy in successfully defending a number of applications brought by Kwok Hiu Kwan aimed at legitimizing his disputed shareholding in the company.
  • Michael Kuczkiewicz v HG Bermuda Limited in the Supreme Court of Bermuda and Court of Appeal for Bermuda (both "Hay Group") - Hay Group was a claim brought by a former shareholder/employee of the Hay Group against the parent company of the group for failing to honour a bye-law warrant which required the company to pay a significant uplift (estimated at approximately US$1million) on the redemption price due to the shareholder. Mark had carriage of the matter for the shareholder and was successful at both first instance and on appeal.
  • Kingate Euro Fund Limited (in official liquidation) and anor v Kingate Management Limited and ors in the Supreme Court of Bermuda ("Kingate") - The Kingate proceedings were brought by the liquidators of the Kingate funds - two of the largest Madoff feeder funds - to recover fees previously paid to the funds' investment manager and advisor. Mark was part of the legal team, lead by English Leading Counsel, who acted for the principals behind the funds.

Background

Mark was born and raised in Bermuda. He studied economics at Acadia University (Canada) where he graduated with a Bachelor of Arts in Economics in October 2009. Mark worked in Bermuda for a short period of time before starting law school. Mark completed a LLB at the University of Hull (England) in 2013 and subsequently completed the Legal Practice Course at City University (England) with distinction.

Mark is admitted to the Bars of Bermuda (not practising) and the Cayman Islands.

Memberships

INSOL
STEP (Cayman branch)

 

My services
Wills and estate disputes
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We provide fast, cost-effective and sensitive advice on all types of will-related disputes during what is often an extremely upsetting and distressing time for those concerned. We regularly act on multi-party actions for both plaintiffs and defendants.

Fraud, asset tracing, freezing, recovery and enforcement
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We're used to working as part of a multi-jurisdictional team, capable of reacting and responding quickly to urgent requests for assistance with locating and freezing assets. As sophisticated defendants become more adept at dissipating assets, we've been involved in cases that created new law in relation to a party's ability to trace assets and recover their losses. With their ability to deal with complex issues the team deliver clear, commercial advice on the availability and likely success of recovery methods.

Corporate disputes
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Our dispute resolution specialists collaborate seamlessly with our corporate advisory and banking teams across jurisdictions to advise multinational corporations, trust companies, banks, funds, insurers, governments and directors. We provide a global perspective, working closely with our clients to ensure that they are best placed to respond to customer issues, fraud risks, rapidly changing market conditions and regulatory demands.

Insolvency
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For financially distressed companies in need of restructuring and reorganisation, or for those where the opportunity to do so has passed or failed, we work to achieve the most beneficial outcome in these difficult situations. 

Our team brings a wealth of experience from a range of diverse backgrounds to give quick, accurate, commercial advice, primarily across the financial services sector. 

Currently working on some of the largest and most complex cross-border insolvencies in the jurisdiction, we frequently advise top law firms from the People’s Republic of China, the US, the UK and other jurisdictions. We are regularly briefed by Sovereign Wealth Funds and Fortune 500 Companies to advise on particular restructurings, as well as investment managers from Europe and the US.

At whatever stage we are engaged, our involvement will assist in identifying the on-going risks facing a client and to enable that client to continue to identify and effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.

Merger appraisal disputes
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Collas Crill’s Cayman Islands' appraisal practice is headed by Partner Rocco Cecere, who is recognised as a leading practitioner in the field. Rocco’s team has significant experience in appraisal litigation.

Rocco is a member of the Grand Court’s users committee which drafted the procedural rules governing appraisals matters. The Cayman Islands' merger regime is a relatively new and evolving law. Our cross-border team acts on dissenter and company side, from pre-merger stage all the way through to trail and any appeals.

Contentious risk and regulatory
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In regulatory disputes there are often fine lines between the usual wrangling with the regulator and something more serious – by matching our mix of experienced contentious and non-contentious lawyers to the particular problem at hand, we achieve better and more efficient outcomes. As regulatory experts, we frequently act on contentious matters and can leverage our experience to help clients achieve the highest regulatory standards and avoid common pitfalls.

10 Mar 2023

Corporate rescue in Cayman

This article was originally published in ThoughtLeaders4 FIRE Magazine. Read the full issue here. On 31 August 2022 the Cayman Islands entered a new generation of corporate restructuring when the Companies (Amendment) Act 2021 came into effect. The Ame...

31 May 2022

Mark Burrows appointment

Collas Crill has appointed new Senior Associate Mark Burrows to its growing dispute resolution team in the Cayman Islands. Mark specialises in all aspects of civil and commercial litigation and regularly advises clients on a range of areas including the...

7 Apr 2022

Re Porton Capital

The Grand Court of the Cayman Islands' recent judgment in Re Porton Capital Inc and Porton Capital Limited provides useful guidance on the Court's jurisdiction to set aside company dissolutions obtained by fraud and the burden and standard of proof that ...

22 Mar 2022

A scheme for one, a scheme for ALL?

In a recent judgment of the English High Court in Re ALL Scheme Limited [2022] EWHC 549 (Ch), Lord Justice Snowden approved a novel approach to schemes of arrangement, by which creditors will be given the opportunity to vote on two alternate schemes at a...

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