Mark Townsend

Our Barristers

"New Square Chambers is a highly regarded and well-known set of chambers with considerable breadth and depth of skill in its chosen areas.”Legal 500 UK Bar, 2024
“New Square go above and beyond at all levels. Personable, responsive and cost effective. Juniors are a cut above.”Legal 500 UK Bar, 2024
“New Square Chambers is an excellent set of chambers and go-to set for contentious trusts and estates work. Both senior and junior counsel are responsive, hardworking and thorough in their preparation.”Legal 500 UK Bar, 2024
“New Square Chambers have excellent strength and depth in chancery matters, with a good spread of expertise in traditional chancery trusts, company, insolvency, property and increasingly off shore capabilities.”Legal 500 UK Bar, 2023
“Members of the set are authors of go-to guides and publications, and host notable events including conferences attended by hundreds of practising solicitors and barristers.”Chambers UK Bar, 2023
“Members of the set are authors of go-to guides and publications, and host notable events including conferences attended by hundreds of practising solicitors and barristers.”Legal 500 UK Bar, 2023
“Counsel provide a prompt and exceptional service.”Chambers UK Bar, 2023

Overview
Mark practises in trusts, estates, commercial, and insolvency. He accepts instructions in both contentious and advisory work. Known for his calm, considered approach, he gives solicitors and clients confidence that each matter will be handled thoughtfully and thoroughly.

Called to the Bar of England and Wales in 2023, Mark previously practised at the Bar in South Africa for more than a decade. He has extensive experience in advocacy, drafting, and advisory work.

Mark is co-author of the most recent edition of Amler’s Pleadings, the leading South African text on pleading. Before joining the Bar, he clerked for Justice Ngcobo at the Constitutional Court of South Africa, he practised as an attorney, and he worked as a development editor at Oxford University Press.
Trusts, Wills & Estates
Mark accepts instructions in all areas of trusts, wills and estates, including both contentious and non-contentious work. His instructions have included:
- The recovery of estate assets held in South Africa, achieving a favourable settlement for the estate
- Advice on disclosure obligations in the context of a contentious will dispute
- An application for disclosure of privileged material
- Advice on the meaning of ‘unfit’ as contemplated in the Trustee Act 1925
- Advice on prospective costs orders in trust proceedings
Insolvency
Mark receives instructions across all areas of corporate and personal insolvency.

In addition to his regular court appearances, he advises on the recovery of assets, directors’ breaches of duty, transactions at an undervalue, and preferences.

Mark’s recent work includes:
- Applications to set aside statutory demands
- Applications for the annulment of bankruptcy orders
- An application to vary a bankruptcy order
- An application for the extension of administration
- An application to restrain the presentation of a winding-up petition
- An application to challenge a company voluntary arrangement
- The preparation of s 235 questions to be asked of a director
- Advice on the ranking of debts pursuant to an inter-creditor agreement
- Advice on and the preparation of a set of Part 36 offers
- Advice on the limitation of claims against a company director and connected companies
- Advice on and the preparation of a settlement agreement for a claim against a connected person
- Advice on a claim against a director for failure to insure
- Advice on the disclaimer of property by the trustees in bankruptcy
Mark has a consultancy arrangement with a leading specialist bankruptcy, insolvency, and restructuring firm.
Company & Partnership
Mark receives instructions in contentious and non-contentious company and partnership matters, often linked to his insolvency practice.

His experience includes preparing a series of opinions for a development bank on the forms and structures of business entities best suited to carrying out major infrastructure projects.
Commercial Litigation
Mark’s recent work includes:
- The recovery of professional (legal) fees for an offshore-based firm
- The recovery of funds invested in a failed development project
- The enforcement of contractual rights to property title
- Pre-action disclosure relating to a claim for unlawful means conspiracy
- The enforcement of related franchise agreements
Offshore & International
Mark continues to receive instructions in South Africa, both contentious and non-contentious. His experience there spans:
- Corporate and commercial matters
- Constitutional and administrative matters
- Compulsory acquisition matters
Other notable work includes:
- Representing an Isle of Man-registered company in a claim for compensation following the compulsory acquisition of land in South Africa (involving a 20-week trial)
- Representing a Guernsey-registered company in the recovery of professional fees
Mark holds an advanced master’s in International Dispute Settlement and Arbitration from Leiden University.
Qualifications / Education
- BCom (Economics, Legal Studies) (with Dean’s commendation)
- LLB (with Dean’s commendation)
- LLM (Advanced Studies in International Dispute Settlement and Arbitration) (cum laude)
Memberships
- Honourable Society of the Middle Temple
- Chancery Bar Association
- Cape Bar (South Africa)