Mark Vinall

Mark regularly acts on behalf of a broad range of clients in this sector, including artists, managers, record companies, publishers, film/TV companies, newspapers, online service providers, computer games publishers and theatrical tour organisers, as well as collecting societies such as PPL. His artist clients have included Steve Winwood, Status Quo, John Parr, Culture Club, Twiggy, The Dead 60s and Julie Fernandez. Cases have involved issues including contractual construction, royalties, commission, copyright, partnership, agency, confidentiality, restraint of trade, contempt, enforcement and conflict of laws, as well as regulatory cases involving Ofcom and the Advertising Standards Authority.

Tradition Securities & Futures SA v Times Newspapers Ltd (November 2008) – acted for individual witnesses in discrimination proceedings resisting an application by the media to lift a restricted reporting order (led by Michael Beloff QC).

R (Bermuda) v Ofcom [2008] EWHC 2009 (Admin) - junior counsel for the Isle of Man Government in a dispute about international satellite broadcasting.

Wadlow v Samuel [2007] EWCA Civ 155 – junior counsel for ex-manager in a substantial claim for unpaid commission against the singer/songwriter Seal in the High Court and Court of Appeal, involving issues of restraint of trade and undue influence.

Mark's current or recent advisory work includes various disputes between artists and record companies, acting for a publisher in a royalty dispute with an author, advising a TV presenter of restraint of trade issues, and advising a record company on third party debt orders made against royalties payable by it to its artist.

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.

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.

Senator Entertainment v FilmFour – junior counsel for FilmFour in a dispute between film companies about the termination of an “output agreement”. Case settled at a mediation.

Jameel v The Wall Street Journal Europe [2006] UKHL 44 (Mark was involved at the Court of Appeal stage) and Al-Rajhi Banking and Investment Corporation v The Wall Street Journal Europe (Eady J, 2004) – member of a team of counsel for The Wall Street Journal in libel actions over a report about the monitoring of bank accounts to combat the financing of terrorism.

Mark has appeared in a number of sports cases covering a range of contractual and regulatory sporting disputes, and has also advised on the exploitation of media rights to sporting events.

Advising the Football League in relation to proposed misconduct proceedings against two clubs.

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.

Civil fraud and commercial injunctions 

Mark has been involved in various domestic and international commercial 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 computer experts. He is a member of the Commercial Fraud Lawyers’ Association and the Young Fraud Lawyers’ Association.

Outside the fraud context, he recently obtained an interim injunction to enforce restrictive covenants in a business sale contract, and acted as junior counsel for B&Q in successfully resisting an application for a mandatory injunction requiring it to continue to trade with a supplier whose contract it had terminated: BLP UK Ltd v B&Q plc [2008] EWHC 696 (QB).

• Acting for HMRC in MTIC VAT fraud litigation 
• Obtaining a worldwide freezing injunction as sole counsel in a case involved alleged misappropriation of investors' funds
• Obtaining a search order in a case involved allegations of computer hacking and theft of confidential information
• Obtaining a bench warrant to enforce compliance with a search order in a counterfeiting case

• Jafari-Fini v Skillglass Ltd [2007] EWCA Civ 261: junior counsel for appellant challenging judge's finding of bribery
• Acting for claimant in proceedings against software pirates
• Obtaining a freezing injunction as sole counsel on behalf of a charity against a fraudulent employee

Mark has appeared in a range of asset finance and banking litigation cases in the High Court and County Courts, raising issues including guarantees, sale of goods, misrepresentation, unfair terms and consumer credit.

Spreadex Ltd v Sekhon [2008] EWHC 1136 (Ch) – 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.

Also in 2007, Mark acted as sole counsel on a successful appeal to the Secretary of State against a decision by the OFT to revoke his client’s consumer credit licence.

Mark’s financial services work has also included professional negligence claims against financial advisers (including a number involving investments in split capital trusts). Mark has also worked on cases relating to the Pensions Ombudsman and the Financial Ombudsman Service.

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

R (London Borough of Hillingdon) v Lord Chancellor (Law Society and NSPCC intervening) [2008] EWHC 2683 (Admin) – 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 (Union Dance) v Arts Council England (2008) – junior counsel for Arts Council England in challenge to non-renewal of funding for dance company.

R (Brooke) v Parole Board [2008] EWCA Civ 29; The Times 5/2/08 – 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.

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’s work in the professional disciplinary field includes appearing before the Nursing and Midwifery Council and acting for the General Medical Council in the Administrative Court.

Mark has appeared in the High Court in a number of employment cases involving restrictive covenants, confidential information, directors’ duties and pension rights. He also has experience of appearing in Employment Tribunals and the Employment Appeal Tribunal.

Acting for new employer in High Court litigation involving a “team move” of insurance brokers – settled in November 2008 shortly before speedy trial. 

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.

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.

Publications:

Contributor to Goulding, Employee Competition: Covenants, Confidentiality and Garden Leave (OUP 2007).

Contributor to Lang, Administrative Court, Practice and Procedure (Sweet & Maxwell 2006).

Digester of cases for the Administrative Court Digest (Thomson Sweet & Maxwell), 2008-.