Mark Vinall

Mark regularly acts on behalf of a wide range of clients in this sector, including artists, managers, record companies, publishers, film/TV companies and collecting societies. His artist clients have included Steve Winwood, Status Quo, James, N-Dubz, Paul McKenna and Twiggy. He is a member of the International Association of Entertainment Lawyers.

His experience includes cases in the following areas:

Music

• Artist / manager disputes: Mark has extensive experience in this field, acting for both managers (including Wadlow v Samuel in the High Court and Court of Appeal) and artists (including James and The Saturdays);
• Copyright: litigation and advisory work on a range of music copyright issues, including songwriting disputes and infringement actions (including for PPL), as well as appearing in the Copyright Tribunal;
• Contracts and royalties: extensive experience of disputes involving the terms of recording and publishing agreements and royalty accounting disputes;
• Group partnership disputes: advising on the often complex legal position when members of a group split up;
• Live work: acting for performers in several cases arising out of cancelled concerts and other engagements;
• Merchandising: acting for a well-known Ibiza nightclub in a merchandising dispute

Film and TV

• Extensive experience of disputes arising out of the financing and distribution of both successful and unsuccessful films, including recoupment "waterfalls", disputes between co-producers, and "slate" agreements;
• Royalty disputes (including Forstater v Python (Monty) Pictures, below);
• Advising a reality TV star in relation to a contract claim against a TV company;
• Exclusive rights agreements – disputes about exclusive TV rights to sporting events;
• Copyright – dispute about inclusion of film clip in TV programme;
• Home entertainment – acting for studios in disputes with retailers and sub-licensees over DVD sales.

Video games

• Experience of a number of disputes about video game development (including CDV v Gamecock, below).

Book publishing

• Acting for major publisher in author’s royalties dispute.

• Becker v Duffy (ongoing)
  Sole counsel for the former manager of the singer Duffy in claim for unpaid management commission.
• Forstater v Python (Monty) Pictures Ltd (ongoing)
  Sole counsel for the producer of Monty Python and the Holy Grail in dispute relating to his share of spin-off royalties for the musical Spamalot.
• Acting for Twentieth Century Fox Home Entertainment in High Court litigation against a retail chain.
• Acting in an ICC arbitration between film co-producers (ongoing – led by Andrew Greeen QC). 
• Acting for film financier in contractual dispute relating to a slate of films including "Bronson".
• Acting for Merchant Ivory Productions in proceedings arising out of an International Film and Television Alliance arbitration.
• Acting for the band James in a dispute with their former manager
• CDV Software Entertainment AG v Gamecock Media Europe Ltd [2009] EWHC 2965 (Ch); [2010] EWHC 159 (Ch)
  Acting for distributors in a contractual dispute about a slate of video games (led by Robert Howe QC).

• BBC Worldwide v UK Athletics
  Acting for BBC Worldwide in dispute about the international TV rights to athletics meetings (led by Pushpinder Saini QC). Case settled in 2009. 
• Wadlow v Samuel [2007] EWCA Civ 155
  Junior counsel for the former manager of the singer/songwriter Seal in a substantial claim for unpaid commission, in the High Court and Court of Appeal, involving issues of restraint of trade and undue influence (led by Ian Mill QC).  
• Red Alert Music Promotions Ltd v McManamon & ors (Chancery Division, March 2007)
  Junior counsel for the band The Dead 60s in a claim by their former record label and promoter (led by Andrew Green).
• British Phonographic Industry & ors v MCPS- PRS Alliance
  Junior counsel for the BPI in high-profile Copyright Tribunal reference concerning the licensing of online music services. The BPI settled with the Alliance in September 2006, just before the hearing was due to start.

Mark has appeared in a number of sports cases covering a range of contractual, regulatory and disciplinary sporting disputes, including:

• BBC Worldwide v UK Athletics
  Acting for BBC Worldwide in dispute about the international TV rights to athletics meetings (led by Pushpinder Saini QC). Case settled in 2009.
• Advising the Football League in relation to proposed misconduct proceedings.
• Represented London Wasps player Raphael Ibanez before a European Rugby Cup Disciplinary Committee in Dublin.
• Rotherham United FC v Southend United FC – acted for Rotherham in a dispute over an agreement to transfer a player. Settled on the day of the Football League tribunal hearing.
• First Artist Corporation v Scott Murray – acted for claimant football agent in commission dispute against Bristol City footballer.

Mark acts in a broad range of commercial disputes, both as sole counsel and as part of a team.

Civil fraud and commercial injunctions 

Mark has been involved in various domestic and international fraud cases, including those involving allegations of corruption, abuse of intellectual property and theft of confidential information. He has experience of obtaining a range of forms of interim relief, including on an urgent without notice basis, and of working with forensic accountants and computer experts. He has experience as sole counsel of both obtaining and resisting freezing injunctions. He is a member of the Commercial Fraud Lawyers’ Association and the Young Fraud Lawyers’ Association.

 Commercial - General

• Meat Corporation of Namibia Ltd v Dawn Meats (UK) Ltd [2011] EWHC 474 (Ch)
  Acting for defendant in dispute arising out of the termination of an exclusive agency agreement, including a dispute about whether an expert witness who has been involved in confidential discussions with one party can act as expert for the other (led by Robert Howe QC).
• GHSP Inc. v AB Electronic Ltd [2010] EWHC 1828 (Comm) [2011] 1 Lloyd’s Rep 432
  Sole counsel for claimant buyer in "battle of forms" dispute relating to the sale of defective automotive components. 
• Assisting a local law firm in substantial litigation in the courts of the Dubai International Financial Centre (April 2010)
• Seyfried v Euro-IB [2010] EWHC 553 (Ch)
  Sole counsel for investment banking firm in dispute with former director over the terms of an oral contract and allegations of breach of fiduciary duty. 6-day trial in the Chancery Division.

Civil Fraud & Commercial Injunctions

• JSC BTA Bank v Ablyazov
  Acting for one of the defendants to two fraud claims brought by a Kazakh bank (led by Tony Peto QC). These claims, and other related proceedings, were included in The Lawyer’s "Top 20 cases of 2011" where they were described as "The largest series of fraud proceedings pending before the Commercial Court".
• Acting for private equity investors in a £70 million fraud claim (led by Tony Peto QC).
• Acting for the liquidators of a hedge fund management company in recovery proceedings arising from an alleged US$500 million fraud.
• Acting for energy company in various proceedings arising out of the misappropriation of over US$400 million by former directors (led by Robert Anderson QC).
• Acting for HM Revenue and Customs in several “MTIC” VAT fraud cases, and other cases involving customs and excise duty frauds, both as sole counsel and as part of a larger team.

 Commercial - General

• Olafsson v Foreign and Commonwealth Office [2009] EWHC 2608 (QB)
  Sole counsel for claimant in successful claim for negligence against the Foreign Office for defective service of English claim form in Iceland.
• DHL GBS (UK) Ltd v Fallimento Finmatica SpA [2009] EWHC 291 (Comm); [2009] 1 Lloyd's Rep 430
  Sole counsel for defendant to proceedings to enforce Italian judgment obtained in breach of London arbitration agreement. One of the first judgments to consider this question following the ECJ’s West Tankers decision. 
• BLP UK Ltd v B&Q plc [2008] EWHC 696 (QB)
  Acting for B&Q, resisting an application for a mandatory injunction requiring it to continue to trade with a supplier whose contract it had terminated (led by Andrew Green).

Civil Fraud & Commercial Injunctions

• Jafari-Fini v Skillglass Ltd [2007] EWCA Civ 261
  Junior counsel for appellant challenging judge’s finding of bribery (led by Tom Beazley QC).

Mark’s financial services practice includes contractual and property disputes in the banking and asset finance fields, regulatory proceedings involving the Financial Services Authority, and the intermediate area of civil claims for damages alleging breaches of FSA rules. 

• JST Financial Solutions Ltd v Office of Fair Trading (First-tier Tribunal, 31 August 2011)
  Sole counsel for the OFT, successfully resisting appeal against decision to revoke a consumer credit licence.
  Mark also has experience of conducting a successful appeal against the OFT’s decision to revoke a licence.
• Acting for claimant in claim against a major private bank involving allegations of unsuitable/negligent advice in relation to a £20 million investment (led by Charles Flint QC) - settled shortly before trial in 2010;
• Acting for the FSA in Financial Services and Markets Tribunal proceedings arising out of an Own-Initiative Variation of Permission following allegations of high-pressure selling of shares (led by Charles Flint QC).
• Sole counsel for asset finance company in dispute with another finance company about title to a Pagani Zonda supercar. Settled shortly before trial in 2010.

• Spreadex Ltd v Sekhon [2008] EWHC 1136 (Ch); [2009] 1 BCLC 102
  Sole counsel for defendant customer in dispute with spread betting firm. Successfully established that the firm was in breach of the FSA Conduct of Business rules and was liable (subject to contributory negligence) to compensate the customer for his loss. 
• In 2007, Mark worked with the FSA unfair contract terms team in its review of the fairness of mortgage exit administration fees.

Mark has been involved in domestic and international arbitrations under a variety of different sets of rules (ICC, LCIA, UNCITRAL, ad hoc, sporting) and in UK court proceedings arising out of international arbitration awards.

• Acting in an ICC arbitration between film co-producers (ongoing – led by Andrew Green QC). 
• Sole counsel for Merchant Ivory Productions in High Court proceedings arising out of an International Film and Television Alliance arbitration.
• Acting for a Cayman Islands company in London arbitration proceedings brought by two former directors for wrongful dismissal - settled in July 2009.
• DHL GBS (UK) Ltd v Fallimento Finmatica SpA [2009] EWHC 291 (Comm); [2009] 1 Lloyd's Rep 430
  Sole counsel for defendant to proceedings to enforce Italian judgment obtained in breach of London arbitration agreement. One of the first judgments to consider this question following the ECJ’s West Tankers decision.
• Acting for Danish company in LCIA arbitration relating to major art exhibition.

• Junior counsel for a Dutch company in ad hoc arbitration of oil and gas engineering dispute (led by Andrew Green QC).
• Sole counsel for administrators of a German telecommunications company in UNCITRAL arbitration proceedings.
• Republic of Kazakhstan v Istil Group [2007] EWCA Civ 471; [2007] 2 Lloyd’s Rep 548; [2008] 1 All ER (Comm) 88
  Junior counsel for appellant in a challenge to the compatibility with Article 6 of the ECHR of the restrictions on the right to seek permission to appeal under s. 67(4) of the Arbitration Act 1996.
• Rotherham United FC v Southend United FC
  Sole counsel in FA arbitration arising out of player transfer dispute.

Public Law, Human Rights and Regulatory

Mark undertakes a broad range of public law work, encompassing judicial review (including “commercial” judicial review), human rights, EU/Competition, regulatory telecommunications and professional disciplinary matters.  

• Mobile Call Termination appeals (CAT and Competition Commission – ongoing)
  Acting for Ofcom in reference to the Competition Commission arising out of appeals by BT, Everything Everywhere, Three and Vodafone against aspects of Ofcom’s decision to set price controls for wholesale mobile voice call termination for the period 2011-2015. 
• British Telecommunications plc and Everything Everywhere Ltd v Ofcom (Termination charges: 080, 0845 and 0870 numbers)  [2011] CAT 24
  Acting for Ofcom in telecommunications dispute involving BT’s introduction of termination charges for calls to 080, 0845 and 0870 numbers which varied according to the retail price charged for the call (led by Javan Herberg QC). The judgment of the Competition Appeal Tribunal deals with important questions about the scope of Ofcom’s powers under the dispute resolution procedure. 
• JST Financial Solutions Ltd v Office of Fair Trading (First-tier Tribunal, 31 August 2011)
  Sole counsel for the OFT, successfully resisting appeal against decision to revoke a consumer credit licence.
• Arqiva Ltd v Everything Everywhere Ltd  [2011] EWHC 2016 (TCC)
  Acting for Ofcom in a challenge to the validity of Ofcom’s reissue of wireless telegraphy licences held by Orange following its merger with T-Mobile (led by Pushpinder Saini QC). 
• Countryliner Ltd v Surrey County Council [2011] EWCA Civ 373
  Acting for local authority in a public procurement dispute relating to bus services (led by John Howell QC).
• R (Morales) v Parole Board [2011] EWHC 28 (Admin) [2011] 1 WLR 1095
  Sole counsel for the Secretary of State for Justice in claim considering whether the Parole Board’s lack of coercive powers to require the production of documents was compatible with Art. 5(4) ECHR.
• YR v First Tier Tribunal (Criminal Injuries Compensation) [2010] UKUT 204 (AAC)
  Acting for the claimant in a successful Upper Tribunal judicial review (instructed through the Free Representation Unit).
• R (UNISON) v Monitor [2009] EWHC 3221 (Admin); [2010] PTSR 1827
  Acting for the Secretary of State for Health in dispute about the proper interpretation of the cap on private patient income that can be earned by NHS Foundation Trusts (led by Javan Herberg).

• R (London Borough of Hillingdon) v Lord Chancellor (Law Society and NSPCC intervening) [2008] EWHC 2683 (Admin); [2009] 1 FCR 1
  Sole counsel for the Law Society, intervening in support of local authorities’ challenge to the increase in court fees for public law family proceedings.
• R (Brooke) v Parole Board [2008] EWCA Civ 29; [2008] 1 WLR 1950, [2008] 3 All ER 289
  Junior counsel for the Secretary of State for Justice in a challenge to the structural independence of the Parole Board under Article 5(4) of the ECHR.
• R (The Law Society) v Legal Services Commission [2007] EWCA Civ 1264; [2008] 2 WLR 803; [2008] 2 All ER 148
  Junior counsel for the Law Society in a challenge to the legal aid ‘Unified Contract’ under EC public procurement law. The Court of Appeal held that the LSC’s wide amendment power was in breach of the principle of transparency (led by John Howell QC and Javan Herberg).
• R (O’Connell) v Parole Board [2007] EWHC 2591 (Admin)
  Junior counsel for the Secretary of State for Justice in a case about whether Article 5(4) of the ECHR was engaged during the second half of the custodial period of an extended sentence under s. 227 of the Criminal Justice Act 2003, and about the extent of the Parole Board’s duty to give reasons.
• R (Actis SA) v Secretary of State for Communities and Local Government [2007] EWHC 2417 (Admin)
  Junior counsel for claimant in a successful challenge to an amendment to the building control regime affecting “multi-foil” thermal insulation products. The case involved the EC Technical Standards Directive and legitimate expectation / conspicuous unfairness.
• R (West London Waste Authority) v Mayor of London [2007] EWHC 757 (Admin)
  Junior counsel for local authority in dispute about the scope of the Mayor’s power to give directions about waste contracts under the Greater London Authority Act 1999.
• Republic of Kazakhstan v Istil Group [2007] EWCA Civ 471; [2007] 2 Lloyd’s Rep 548; [2008] 1 All ER (Comm) 88
  Junior counsel for appellant in a challenge to the compatibility with Article 6 of the ECHR of the restrictions on the right to seek permission to appeal under s. 67(4) of the Arbitration Act 1996.
• Gill v Ethical Standards Officer of the Standards Board For England (Collins J, 26/07/05) Acted for a local councillor in a successful appeal against her disqualification from office.

Mark has appeared in the High Court in a number of employment cases involving restrictive covenants, confidential information, directors’ duties and pension rights.

• Currently acting for employee defendants in High Court proceedings involving allegations of misuse of confidential information and breach of restrictive covenants

• Acting for Cayman Islands company in London arbitration proceedings brought by two former directors for wrongful dismissal. Settled in July 2009. 
• Duarte v Black and Decker Corporation [2007] EWHC 2720 (QB); [2008] 1 All ER (Comm) 401
  Junior counsel for the employer in a substantial restrictive covenant / confidential information case. Probably the first case to consider the proper approach to restrictive covenants governed by foreign law under the Contracts (Applicable Law) Act 1990.
• Chaudhary v Secretary of State for Health [2007] EWCA Civ 789
  Junior counsel for the Secretary of State in a complex race discrimination claim brought by a former doctor. Also involved a separate hearing in the Court of Appeal on ‘without prejudice’ privilege [2006] EWCA Civ 1648. Led by Monica Carss-Frisk QC.
• Jones v Bright Capital Ltd [2006] EWHC 3151 (Ch)
  Junior counsel for claimant former employee in high-value claim for termination payment and pension benefits, and subsequent dispute about the interpretation of the agreement settling that claim (led by Paul Goulding QC).

Publications:

• Contributor to LaPolt, Building your artist’s brand as a business (International Association of Entertainment Lawyers, 2012). 
• Contributor to Goulding, Employee Competition: Covenants, Confidentiality and Garden Leave (OUP; 2nd ed. 2011; 1st ed. 2007).
• "The English Approach to Choice of Law and Jurisdiction in Employment Covenants Not to Compete" (2010) 31 Comparative Labor Law and Policy Journal 375 (with Paul Goulding QC).
• Contributor to Lang, Administrative Court, Practice and Procedure (Sweet & Maxwell 2006).
• Digester of cases for the Administrative Court Digest (Thomson Sweet & Maxwell), 2008-.

Other Information:

VAT registration number:  820274360