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Mark Burrows

Mark Burrows 

Senior Associate | Cayman

Dispute Resolution

 

Overview

Mark is a Senior Associate in the Cayman Dispute Resolution team. 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.

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

"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.

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.

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.

Memberships

INSOL
STEP (Cayman branch)

 

My services
Appraisal Litigation
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Led by Partner Rocco Cecere, Collas Crill's highly experienced section 238 practice is a sought-after, market-leading presence in merger appraisal cases in the Cayman Islands.

Contentious Risk & 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, better and more efficient outcomes are obtained. As Risk and Regulatory experts, our Dispute Resolution team frequently act on contentious matters, able to leverage their experience to help clients achieve the highest regulatory standards and avoid common pitfalls. To find out more click here

Contentious Trusts
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We represent trust corporations, HNWIs, individual trustees and beneficiaries, often dealing with novel points of law and creating new and innovative solutions to fit the needs of our clients. Given the international scope of settlors, investments and assets, we often co-ordinate advice from our multi-jurisdictional teams, meaning that our clients benefit from the knowledge and depth of experience of our people around the globe.

Contentious Wills, Estates & Probate
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We provide fast, cost-effective and sensitive advice on all manner 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.

Director & Shareholder Disputes
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Thanks to the depth of our experience and the resources of our team, we've acted on some of the largest pieces of litigation brought against directors offshore. We're well placed to deal with the 'bet the farm' proceedings that can occur in these type of disputes and have represented parties involved in intra-company disputes, including executive, non-executive and independent directors, majority and minority shareholders, companies and liquidators. We understand that shareholder disputes are often not simply 'black and white' and our team finds innovative and commercial alternatives to those which the Court may offer – taking a collaborative approach with our clients to ensure that the right result is achieved.

Dispute Resolution
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When your business is involved in any kind of legal dispute it's crucial to work with lawyers who are hands-on, cost-effective and flexible enough to respond quickly and intuitively to your unique situation and needs. We know that there are many different ways a dispute can be resolved and work closely with our clients to understand every aspect of their business, priorities and goals. This allows us to find the best way forward for our clients and to advise on the commercial implications of a dispute, ensuring the process remains as stress-free as possible. Our approach is practical, responsive and tailored to the client's interests. Our expertise and reputation means we're first choice for a range of clients, including banks, trust companies, high net worth individuals and top law firms.

Fraud, Asset Tracing & Freezing Injunctions
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At Collas Crill, 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 the Channel Islands 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.

Insolvency & Restructuring
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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, Collas Crill’s insolvency and restructuring team 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 United States, the United Kingdom 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; the United States and Russia. 

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 to effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.

Insight 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...

Insight 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...

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