Marcus Croskell

Many of Marcus’s instructions contain some element of commercial and residential property work such as matters involving contested boundaries and easements, breaches of the Building Safety Act 2022 or other contested interests in land. Marcus was ranked as a leading junior in Property and Construction in the 2026 Legal 500.

He is currently involved in a large service charge and Building Safety Act claim acting for over 60 flats in a tall building in London. Marcus is frequently involved in property disputes between co-owners or those with an interest in land giving rise to a claim under TOLATA. He was leading counsel in the first case on the enforcement of civil penalties for breaches of HMO regulations in the Upper Tribunal and Court of Appeal concerning the extent of such a penalty. He has represented both HMO landlords, local authorities and tenants in housing disputes in both the civil and criminal arenas including the First-tier Tribunal.

Other recent cases include:

• Dalescope Ltd v Acorn Accumulation Ltd (2026) – Acting for respondent company after success in first appeal at Central London County Court on the service of a debt claim for service charges. Marcus is now instructed again for the Respondent in the second appeal to the Court of Appeal on whether the circuit judge was entitled to consider the court file regarding the service of the claim form.
• Orji v Nagra [2023] EWCA Civ 1289 – Court of Appeal considering whether the rule in Henderson v Henderson applied to interlocutory decisions that were not final determinations. Instructed as trial counsel in the substantive landlord and tenant contractual and tortious claim.
• Norwich City Council v Holtom CAM/33UG/LDC/2023/0020 – Successfully acted for the local authority by FTT to grant dispensation under s.20ZA of the Housing Act 1985 for failure to consult on bulk insurance policy for over 3,000 homes.

Marcus regularly acts for parties contesting the terms and management of trusts including interests in land under TOLATA and contested probate claims between beneficiaries and interests under the Inheritance Act in estates.

Current and recent instructions include numerous claims involving trusts of land with the focus principally being on the extent of each parties’ interest and any misfeasance in the management of parcels of land and estates, often involving fraud. In particular, Marcus has recently been involved in:

• Wootton v Wootton (2026), Unreported, Birmingham County Court – Three-week trial for a vulnerable elderly spouse under the Inheritance Act excluded by deceased husband’s will and executors preventing her returning to her home of 61 years. Heard as co-claimant alongside a property claim against the same defendants.
• Bowerman v Bowerman [2025] EWHC 2947 – Chancery Division – Successfully defended a brother’s challenge to the validity of his parents’ wills with challenge to mother’s will by undue influence dismissed entirely and claim against father’s will, whilst lacking testamentary capacity (and therefore knowledge and approval), was defeated on the grounds of laches/delay.
• Estate of Murial Mckay (2025), Unreported, Chancery Division – Acted for bereaved family seeking the grant of letters of administration under s.116 of the Senior Courts Act 1981 and r.52(b) NCPR to allow standing to bring injunction to preserve property where it was suspected the deceased’s remains were buried by her murderers in 1970. Murial was kidnapped by mistake in late 1969 by persons believing she was the wife of Rupert Murdoch.
• RE: Estate of X (2024) – Advised on what appeared to be an insolvent estate allowing family on the basis of the advice to agree a settlement with a land developer causing the extant mortgage to be discharged and the beneficiaries to receive a substantial sum.
• Henry v Leyland (2024), Unreported, Central London County Court – Obtained judgment for an administratrix of an estate of her deceased husband after monies were mistakenly transferred before the grant of letters of administration.
• Re: Barton Wildfowl Club (2023), Unreported, Chancery Division – Marcus was acted for committee members of an unincorporated association accused of misfeasance and appropriation of property held by them on trust for the membership.

Marcus regularly advises on cases involving elements of fraud and concealment by directors, fiduciaries, partnerships, parties to joint ventures, etc. For the first 15 years of Marcus’s career, he had a particular speciality in fraud prosecuting and defending companies and individuals in the criminal courts. This has made him ideally suited to matters involving the interrogation of complex and voluminous documents and a fierce advocate at trial.

He recently was instructed counsel in Bennett Gould & Partners Ltd v O’Sullivan successfully obtaining judgment and substantial damages in a misrepresentation claim in a failed joint venture based on false and misleading information. Marcus is involved currently in similar actions arising from the conduct of the same defendant. Further, at present he is instructed counsel in a multi-jurisdictional high value claim involving an alleged fraudulent agreement investing in an oil consignment based on false financial instruments.

Marcus is experienced in a wide variety of commercial litigation in the Chancery Division and Commercial Court.

Such work has included recovering monies lost by a company misled by a partner in a joint venture, acting for a guarantor for a dissolved partnership with NCP Car Parks (now also in administration) in the High Court in Manchester and recently junior counsel in the Commercial Court in Bloody Bay Hotel Development Ltd v Besso Ltd dispute for breach of fiduciary duty and concealment of secret profits in the broking of international insurance policies by a Lloyd’s of London broker. In 2025, Marcus was involved in a trial for a partnership dispute between two brothers arising from a joint property venture created by their parents.

Marcus is currently instructed in a maritime dispute over the alleged malfunction of a ship’s engine whilst at sea.

“He has notable expertise in contractual matters.” Legal 500: Leading Junior, Commercial Litigation

Often Marcus’s cases involve in whole or part company law such as shareholder and director disputes (including breaches of their duties) or actions against or by partners within partnerships operating in the UK and around the world. Marcus is currently instructed on a number of shareholder and partnership disputes in the High Court and at Central London County Court.

He is frequently instructed to appear in the Insolvency and Companies Court in unfair prejudice petitions under s.994 and for claims seek the just and equitable winding up of companies. Recent instructions include acting for a director frozen out of a business in which he was the co-founder with the full suite of matters in dispute from director’s remuneration and dividends to work being conducted in breach of a director’s duties for a competing company.

Marcus is currently instructed on a similar matter for another founder of unique company in the toy industry which is due for judgment at some point in 2026 and separately advising a director who wishes to extract themselves from a property investment company which was created whilst in a personal relationship with the co-director which had now ended.

In 2025, Marcus was instructed to act as an appointed expert under the terms of a SPA in a dispute between the sellers and buyers of shares in a company.

Marcus is able to assist in all matters involving corporate or personal insolvency in the County Court and Insolvency and Companies Court of the Chancery Division. His recent experience includes acting for trustees in bankruptcy seeking to recover property in the bankrupt’s estate, annulments, assisting companies negotiate with HMRC and other creditors, and bringing and defending actions for transfers at an under value and other dispositions of property/company monies.

He is frequently instructed to assist with winding-up petitions or injunctions for respondent companies either in receipt of a statutory demand or been presented with a winding up petition. Likewise, he has acted for a defendant subject to a claim under s.423 of the Insolvency Act 1986 at first instance in the county court and later the High Court. Marcus is currently instructed for the recipient of an alleged substantial transfer at an undervalue from a company in liquidation which is due for trial to be heard in the Chancery Division in 2027.

Historically, Marcus has prosecuted directors on behalf of the Department of Business, Innovation and Skills for wrongfully and fraudulently trading in breach of director disqualification orders.

Marcus advises and appears regularly on behalf of international clients from across the globe with particular recent experience acting for or against parties based in the Caribbean, Singapore, Philippines, Nigeria and Germany. Marcus in the last three years has given talks on issues with trusts and company directors in Grand Cayman and the BVI.

In 2026, Marcus is instructed to act for a company incorporated in the BVI with a property portfolio in the UK and separately from a claimant based in Malaysia bringing an action for a declaration in the Chancery Division in connection with investments in the UK.

In 2024 he acted for a Filipino company in substantial contractual dispute arising from the failed sponsorship of the Russian football team after the 2020 UEFA European Football Championship was postponed due to COVID. Marcus has particular experience acting for companies based in Jamaica, the Cayman Islands and other Caribbean islands bringing claims against Lloyds of London brokers for breach of fiduciary duties and fraud when procuring policies of insurance. He recently advised on an anti-suit injunction in the High Court for proceedings commenced in the High Court in Hong Kong.

• Soton B.Sc

• Chancery Bar Association
• Housing Law Practitioners Association
• Commercial Bar Association

• Pro Bono Recognition Award 2026

Legal 500 UK Bar 2024 – Recommended Top Tier Leading Individual in Commercial Litigation

Marcus is noted in 2024 edition of The Legal 500 as a top tier leading junior barrister. Previous comments include:

“extremely approachable and focused” (2014); “mastering complex matters quickly and assists with developing strategies” (2015);

“He adds value and has a real commitment to his cases” (2016);

“experienced in contractual and insolvency disputes” (2017);

“He has notable expertise in contractual matters.” (2019);

“easy to work with, detailed and thorough.” (2021);

“His written advice is always a model of clarity. His judgment is excellent, and clients have total confidence in his performance in court.”(2022);

And in 2025, “Marcus is very thorough and professional. He is a very safe pair of hands. He will explain matters in detail to clients in conferences and put them at their ease. His knowledge of procedure and practice points is excellent.”

“Marcus is a highly skilled advocate and great at cross-examinations. He is all over the details and can read the court and keep on the right side of the judge. He is excellent in the law, with a mastery of the evidence and the nuances of the case.”