Mark Roscoe (1999)[photo] Mark Roscoe (1999)

Teams

Commercial & Contractual Disputes, Family, Housing & Community Care, Personal Injury, Professional & Clinical Negligence, Property Litigation and Public Law   

 

Education
 
Bedford Modern School (1984-1994)
BA (Hons) Modern History (Queen Mary and Westfield College, University of London, 1997)
Postgraduate Diploma in Law (City University, 1998)
Hardwicke Scholar of Lincoln's Inn
Postgraduate Diploma in Professional Legal Skills (Inns of Court School of Law, 1999)  
Territorial Army Professionally Qualified Officers Course (Royal Military Academy Sandhurst, 2008) 
 

Practice 
 
Mark is a civil practitioner in chambers with significant experience across several areas of law. He has advised and represented individuals, companies, trustees, insurers, local authorities and children's guardians before a wide variety of tribunals. 
 
Property litigation

Mark finds the law of real property a truly fascinating area of practice. His work encompasses commercial landlord and tenant, residential tenancies and related housing matters (including appeals under the Housing Act 1996), nuisance (ranging from noisy neighbours to tree root subsidence) and property-related contractual and conveyancing issues. Mark also acts in probate and inheritance matters.

Examples of work undertaken so far in 2011 include:

  • obtaining a possession order against a former priest of a Sikh Gurdwara in the Midlands where there were ongoing issues as to whether his dismissal was fair
  • advising a subcontractor in an action against it for a contribution or indemnity  in a disrepair claim arising from allegations of inadequate workmanship
  • obtaining summary judgment and, subsequently, a charging order on a substantial promissory note following the sale of a commercial property
  • advising on resulting trust and estoppel issues in relation to a property development venture
  • acting for a party in relation to a TOLATA claim arising from a lengthy period of cohabitation
  • representing a party to an abortive purchase of a residential care home in relation to the measure of damages for breach of contract
  • acting for a major timeshare developer in relation to agency fees relating to a large international property exhibition
  • advising a leading property management company upon issues in relation to the recoverability of repair costs in the context of a complicated contractual structure 
  • settling pleadings in an inheritance act claim
  • advising upon and drafted a contentious probate claim concerning the validity of a will
  • advising upon a complex ongoing inheritance matter

Family law 

Mark has been interested in family law since pupillage, which had a particular emphasis upon High Court care proceedings. He maintains a busy court practice in family law dealing with matters arising under the Children Act 1989, domestic violence and TOLATA applications. Mark has also worked on more unusual cases concerning anulments, forced marriage and international aspects of divorce and child maintenance.

Concluded work in 2011 work has thus far included:

  • acting for a father in a long-running private law application for contact where the child was initially hostile towards him and was separately represented
  • representing a mother who opposed direct contact due to the husband's lack of immigration status where she believed he was using the application for tactical purposes with the UKBA
  • acting for a parent in care proceedings where there were allegations that the disabled child was being neglected by that party to further their immigration purposes 
  • appearing for a young mother in lengthy private law contact proceedings where there were issues in respect of the applicant father's mental health
  • having an attachment of earning order for child support payments quashed upon a complaint to the magistrates' court on the grounds of a technical deficiency

Education and public law 

Mark has represented a number of local authorities in relation to SENDIST / First Tier Tribunal (Special Educatiional Needs and Disability) cases concerning the statementing process and claims of disability discrimination. For parents, Mark has advised in relation to education negligence and judicial review claims against local authorities. He also acts as a legal adviser to school exclusion appeal panels and Independent Appeal Panels. Mark has acted in a number of judicial reviews (including applications against the Law Society) and has a developing expertise in armed forces law.  
 
Previous work

Singh and another v Singh 15/10/10, Birmingham Cty Ct (unreported) - 5 day trial of possession claim on behalf of Sikh Gurdwara against a dismissed priest following allegations of harrassment and involving various aspects of housing, employment and immigration law (instructed by Aspect Law)

BMW AG and another v Warsap and others 30/02/10, Chancery Division (Mann J)(unreported) - represented defendant to committal proceedings for breach of an injunction concerning intellectual property rights relating to the Mini brand (instructed by Jefferies Essex LLP)

Safestore and others v RSN Property Ltd  [2009] PLSCS 292 (CLCC) - acted at trial for Lombard Asset Management (Bahamas) Ltd in acquisition of prescriptive easements of parking despite being in breach of restrictive covenant (instructed by Bains & Co)

O v Lewisham London Borough Council and another  [2007] EWHC 2130 (Admin); (2007) ELR 633 - the scope of public expenditure to be considered by SENDIST (instructed by LB Lewisham Legal Services)

KW (1) VW (2) v Lewisham London Borough Council and another [2006] EWHC 1853 (QB); (2007) ELR 11  - adequacy of reasons given by SENDIST (instructed by LB Lewisham Legal Services)
 
Reynold v Hartman [2005] EWHC 3293 (QB) - contempt proceedings brought against third party by respondent to freezing injunction (instructed by Jefferies Essex LLP)