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    Mark Johnson

    Of Counsel

    London

    Mark Johnson advises on insolvency and restructuring matters, both contentious and non-contentious, in the UK and internationally. He represents insolvency practitioners, lenders, investors, companies, and directors, providing guidance on administration, liquidation, bankruptcy, and restructuring options.

    Mark assists office holders across a broad range of asset recovery actions, including investigations into antecedent transactions and other claims against directors and third parties, as well as advising directors defending such claims. Mark has deep experience in enforcement work on behalf of banks and lenders including Law of Property Act receiverships.

    Mark's non-contentious work includes significant experience on transactional matters such as assisting on both the buy and sell side of 'pre-pack' administration sales and other insolvency sales, advising on restructuring options for companies in distress including voluntary arrangements, schemes, and consensual restructuring proposals as well as advisory work assisting companies and their directors on the duties they have when facing financial difficulties.

      • Acting for liquidators of a leading pharmacy service provider operating throughout the UK across a number of work streams including dealing with key stakeholders in relation to the sale of over 1800 pharmacy businesses operated by the group, and advising on various matters related to this complex liquidation.
      • Acted for the administrators of a Guernsey mining company across a number of work streams in multiple jurisdictions including proceedings in the United States Court for the Southern District of New York, Chapter 15 proceedings, the issue of an application in the Royal Court of Guernsey under section 426 of the Insolvency Act 1986 for a recognition order in order for the administrators to obtain investigation powers under section 236 of the Insolvency Act 1986 and the investigation of claims against connected persons. Further advised the administrators on a solvent exit of the administration including making a Court application for the discharge of the administration where the statutory purpose of rescuing the company had been achieved.
      • Acting for the administrators of a group of companies operating television shopping channels, providing advice on various work streams such as asset sales, including the sale of the television channels. Additionally, advised on employee claims, retention of title claims, and interchange fee claims. Advised the security agent on the sale of shares in an offshore energy services provider to entities affiliated with the secured lender.
      • Advised the agent to the second lien noteholders in connection with the consensual financial restructuring of a major cinema operator.
      • Acted for an ultra-high net worth individual in relation to the recovery of a significant investment in a high profile development project involving cross-border asset tracing and bankruptcy proceedings.
      • Advised the independent non-executive directors of a publicly traded blockchain technology company focused on large-scale cryptocurrency mining in relation to available restructuring options including refinancing, Chapter 11 proceedings and the sale of the business and assets of the company.
      • Acting for the administrators of a group of construction companies, advising on their appointment, the settlement of certain pre-existing disputes and the clawback of pre-administration payments.
      • Acting for a private bank in respect of a default under a facility in respect of a London prime residential property. Successfully obtained a strike out of the borrower’s claim challenging the enforceability of the security.
      • Acting for the Joint LPA Receivers of a London prime residential property including bringing a possession and sale proceedings and a strike out of a challenger regarding the Joint LPA appointment.
      • Acting for the administrators of a FCA regulated company including advising on the implementation of a redress scheme and an application to set aside the prescribed part.
      • Acted for the defendant in a double derivative, unfair prejudice petition in respect of a claim for fraudulent breach of trust relating to a company registered in Saint Vincent and the Grenadines that operated hotels in the United Kingdom and Cyprus. Claim made via the beneficiaries of a trust company alleging defendant misappropriated sums in excess of £30 million in fraudulent breach of trust and that he was a de facto director. Claim was dismissed in its entirety. Follow-on proceedings related to non-party costs orders.
      • Acted for the trustees of the majority shareholder of a company domiciled in Saint Vincent and the Grenadines in the Eastern Caribbean Court of Appeal against a decision of the High Court to dismiss an application for the rescission of a winding-up order. Succeeded in appeal; case remitted back to the High Court.
      • Acted for the administrators of a company that operated under government contracts to provide probation services following privatisation. This involved the sale of the business and assets of the company, as well as the novation of government contracts, while negotiating with multiple relevant governments and their advisers.
      • Acted for financial institution in applying to strike out/summary judgment in relation to a claim asserted by borrowers of a foreign currency mortgage for negligence, breach of duty and deceit. Court of Appeal’s judgment now one of the leading authorities on set off and limitation claims relating to mortgage debts.
      • Acted for a bank and the LPA receivers in relation to a claim for breach of duty (against the receivers) and undue influence (in relation to the bank) regarding a £25 million mortgage secured against a London residential property valued at approximately £40 million.
      • Acted for administrators of a company who had been appointed by a charge holder pursuant to their qualifying floating charge in circumstances where it was alleged that the charge holder had failed to disclose to the administrators that there was an unfair prejudice petition issued in advance of the administrators’ appointment that sought a declaration that the charge (upon which the administrators were appointed) was invalid. The applicants sought an injunction against the administrators and an order for their removal under paragraph 81 of Schedule B1 to the Insolvency Act (improper motive). In an expedited hearing, the High Court dismissed the paragraph 81 application and discharged the injunction.

      Please note, Mark’s experience includes that prior to joining Orrick.