Marcus Croskell

Many of Marcus’s instructions contain some element of commercial and residential property work such as matters involving contested boundaries and easements or other contested interests in land.

He has recently advised owners of a number of large Essex shopping complexes as well as acting in dilapidation disputes with tenants. 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:

• 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. He obtained judgment in early 2024 for an administratrix of an estate of her deceased husband after monies were mistakenly transferred before the grant of letters of administration. In the High Court in Leeds in 2023, 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 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.

“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.

He has recently acted in an unfair prejudice dispute under s.994 in the Insolvency and Companies Court 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 able to assist in all matters involving corporate or personal insolvency in the County Court and High Court. 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. Historically, Marcus has prosecuted directors on behalf of the Department of Business, Innovation and Skills for wrongfully and fraudulently trading in breach of 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.

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

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);

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