Marcus joined 7KBW in 2005, following the completion of his pupillage.

He specialises in commercial litigation and arbitration.

His practice covers all areas of commercial law, including insurance, reinsurance, professional negligence, shipping and general commercial disputes.

He has acted in a wide variety of cases of different types and sizes, both on his own and as a junior.

Before being called to the Bar, Marcus practised as a solicitor with the City firm Lovells (now Hogan Lovells).  He was involved in a broad range of general corporate and commercial disputes and also gained valuable experience of non-contentious work in the course of his training contract.  As a result, he understands the requirements of solicitors and their clients particularly well, and is used to working as part of a team.

Peterhouse, Cambridge: MA in History, double first class (1997)

Lovells, London: Solicitor (2001)

Solicitor-Advocate (All Higher Courts) (2003)

Marcus won Tripos prizes in 1996 and 1997.

He also won an Astbury Scholarship and Harmsworth Entrance Exhibition (Middle Temple).

Marcus is a member of COMBAR and the British Insurance Law Association.

• Insurance & Reinsurance
• Shipping
• General Commercial Disputes
• Professional Negligence

Marcus has acted in a wide range of cases in this area.

Selected cases:

• acting for reinsurers defending claims under “elemental” excess of loss reinsurance policies for substantial losses incurred following the California brush fires of October 2007;
• acting for the owners of an ammonia plant in Trinidad and Tobago making claims for property damage and business interruption following damage to a converter and heat exchanger;
• acting for the captive insurer of a large US pharmaceutical company seeking to recover losses of over $250m arising out of a settlement by its insured of a high-profile US mass tort class action claim concerning one of its leading drugs (Bermuda Form arbitration);
• acting for the captive insurer of a large US chemical company seeking to recover property damage and business interruption losses following damage to several of its insured’s plants caused by Hurricanes Katrina and Rita and a furnace explosion;
• acting for reinsurers seeking to avoid a back-up excess of loss reinsurance policy for non-disclosure and misrepresentation of the business contained in a marine reinsurance account;  
• acting for reinsurers in a dispute under a reinsurances treaty raising a number of issues including the recoverability of sums paid under commutation agreements and the scope of a “follow the settlements” clause;
• Marcus has acted in numerous smaller insurance cases details of which can be provided on request.

Marcus has acted in a wide range of cases in this area.

Selected cases:

• Over the last 18 months he has been instructed in a considerable number of shipbuilding disputes concerning termination for delays in delivery by Korean and Chinese shipyards, principally under the SAJ form. 
  
• Most recently he has been instructed by eleven single-ship companies defending claims for wrongful termination to a value of over $240m.

Cases in which Marcus has been instructed include:

Selected cases:

• acting on behalf of the majority shareholders in a Bahamian holding company defending a claim of unfair prejudice by a minority shareholder to a value of over $82m;
  acting on behalf of a pension fund seeking to recover its investment in a hedge fund on the fund’s insolvency;
• acting on behalf of the liquidator of a hedge fund against the fund’s former directors and administrator;
• acting for a Lloyd’s Members’ Agent defending a claim for the alleged repudiation of an introducer’s agreement involving the establishment of an offshore fund for the purposes of introducing new members to the Lloyd’s market;
• Marcus also acted in a broad range of disputes in this area whilst working as a solicitor at Lovells.  High-profile matters included film finance litigation, a major insolvency, the collapse of Railtrack and claims arising from losses suffered by split capital investment trusts.

Most recently, Marcus was instructed by an insurer bringing a substantial claim against a risk surveyor for negligently failing to alert it to a number of fire risks following a serious fire at a meat processing factory.  Marcus has also been instructed in several professional negligence claims for and against insurance brokers and Lloyd’s Members’ and Managing Agents.

West Tankers Inc v Allianz SpA & Generali Assicurazione Generali (2012) EWCA Civ 27. Court of Appeal (Civil Division). Carnwath LJ; Toulson LJ; Lloyd LJ. 24 January 2012

"Case of the Week" The Lawyer 6th February 2012