Expertise

Mark is Head of AG's Disputes practice. He leads on large and complex cross border disputes both in international arbitration and the English High Court.  Mark has successfully advised a wide range of clients, including corporates, financial institutions and high-net-worth individuals on complex and high stakes disputes involving Europe, US, Middle East and Asia.  Mark has particular experience of advising clients based in Africa, and of advising Retail and Consumer sector clients.

Mark has particular expertise in competition and is co-head of the Competition Litigation Practice.  In recent years Mark has successfully represented both claimants and defendants in competition damages cases.

Experience

Commercial Litigation

  • Acting for the successful director / shareholder Defendants in the leading case on liability for directors for unlawful dividends, resisting claims based on alleged unlawful distributions and grant of security, in Burden Holdings (UK) Ltd v Fielding (Or) [2019 EWHC 1566 (Ch).  The case also involved successful non-party costs application against an insolvency practitioner’s firm (EWHC 2995 Ch) and determined issues regarding limitation period for claims against directors (Supreme Court 2018] UKSC 14);
  • Advising a food manufacturer on related contractual disputes, including defending an injunction application.
  • Acting for a FTSE100 retailer in a large and complex commercial contract dispute (estimated by the Claimant to be worth in excess of £120m) regarding the termination of a key supply contract with allegations underlying fraudulent conduct. 
  • Advising a listed company on a complex multinational investigation into serious allegations of fraud and false accounting in its international division, and regarding the conduct of its Directors and senior management team.
  • Advising a FTSE100 company on the investigation into unusual, sensitive and high profile allegations.
  • Advising a pharmaceutical company on a claim regarding complex cross border payment fraud
  • Advising an north African banking group on litigation and enforcement action concerning alleged issues of fraud arising out of substantial commodities trades.
  • acting for a manufacturing client in ongoing proceedings against senior leavers and their new employer for theft of confidential information, conspiracy and breach of contract, including obtaining interim injunctive relief for the return of confidential information and pursuing a multimillion pound damages claim
  • Advising a national retailer on an £80m contractual dispute.
  • Acting for AAH Pharmaceuticals Limited in obtaining an interim mandatory injunction against Mercury Pharmaceuticals Limited and Amdipharm UK Limited 

Arbitration

  • acting for a Sub-Saharan client in a multi-million dollar international arbitration (LCIA-DIFC Rules)
  • acting for a Nigerian Oil Company in an arbitration concerning a substantial dispute regarding operating rights.  Working with local counsel in Nigeria (ICC rules, London seat)
  • acting for a UK FTSE 100 corporation on a series of high value arbitrations in Kenya and Tanzania concerning joint ventures in both countries (ICC Rules, London Seat) 
  • Advising a UK listed mining company on a series of arbitrations regarding trading contracts in East Africa. 
  • Acting for an Indian chemicals group on a dispute concerning allegations of fraud in East Africa.  Working with local counsel in Kenya.

Competition

  • Trucks. Acting as co-counsel with Backhouse Jones for the Road Haulage Association in its claim before the CAT under the new collective proceedings regime per section 47B of the Competition Act 1998
  • Power Cables.  Defending a series of 'follow on' damages claims brought by National Grid, Scottish Power and the Vattenfall Group against the NKT group of companies in both the High Court and the Competition Appeal Tribunal, following the European Comissions's Power Cables cartel decision.
  • Envelopes.  Acting for Office Depot International BV and others in a follow on claim against Holdham SA and others.  Including successfully defending an application for a stay of proceedings pending final determination of foreign proceedings [2019] EWHC 2115 CH
  • Foam and Copper fittings. Advising on other claimant and defence-side in "follow on" damages claims including foam and copper fittings (including in the Court of Appeal decision on the interpreations of section 1(4) of the Civil Liability (Contribution) Act 1978 [2016] EWCA Civ 773) and stand-alone competition claims; 
  • Advising an Stansted Airport in the successful defence of multiple claims both for abuse of a dominant position and follow on damages, including defending an application for urgent injunctive relief and attempted judicial review proceedings in the Administrative Court.  Terravision Transport Limited v Stansted Airport Limited; R (Easybus Limited) v Standsted Airport Limited: [2015] EWHC 3833 (Admin).
Testimonials

‘Mark Molyneux heads up the team and is an effective leader. Its clear he engages with his team and they are a cohesive unit. He is also an excellent strategist.‘  Legal 500 2021

Mark Molyneux is a "highly experienced litigator with an amazing ability to balance risk and commerciality,"  "He excels at minimising a client’s risks while keeping commercial considerations firmly in mind." He leads the commercial disputes team and is renowned for his skilled advice on complex investigations, with particular strength in competition cases.  Chambers 2021

'a go-to firm for pre-action advice and disputes', handling complex litigation for local, national and international clients. Areas of specialism include large IT disputes, competition law claims and 'business protection' work, which involves helping employers to manage risks stemming from employees and third parties who pose a threat to their interests.  The team, which is led by 'exceptional strategist' Mark Molyneux - described as 'one of the best litigators in the country'
Legal 500, 2020

"Strategic in their thinking, clear in their advice and they don't sit on the fence. The lawyers are also great to deal with - pragmatic, commercial and understanding of the pressures in-house teams are under".

Legal 500, 2020

"knowledgeable, pragmatic and very personable," and adds: "He is creative in his problem-solving and can see the bigger picture."
Chambers 2020

Head of department Mark Molyneux is "an incredibly strong litigator who provides pragmatic, commercial advice and delivers results," according to impressed clients. He collects further praise from sources, who are "highly impressed with his practical approach to problem solving and his ability to always remain calm and intensely focused at the same time." He has a broad commercial disputes practice, offering particular experience in cartel cases. He also handles disputes related to the hospitality, energy and IT sectors.
Chambers 2019

'Exceptional team head Mark Molyneux is 'calm and considered' and is 'an excellent communicator'.
Legal 500 2019

"They have a will to win like I've never seen before; it's just phenomenal. Every single member of the team cared and would go that extra ten miles."
Chambers 2018

"very skilled litigator" 
Legal 500 2018

Highlights the department's strength in depth as a key attribute, noting: "They are fantastically responsive, smart and hard-working people from partner to junior level." and describes Mark as "an excellent litigator,"
Chambers 2018 

"Whilst they're incredibly razor-sharp in terms of litigation strategy, they're also incredibly friendly and down-to-earth people."
Chambers 2017

"They have an absolute commitment and determination to provide the best advice and support possible using a highly commercial and tactical approach."
Chambers 2017

Mark Molyneux is a highly regarded commercial litigator in both local and multi-jurisdictional matters. His practice encompasses injunctive relief, fraud and warranty claims. One source especially notes his"intelligence, creativity and winning manner with clients."
Notable practitioners

"The strength of the team and the depth of resourcing means that they can provide support immediately."
Chambers and Partners 2016

"Instructing Addleshaw Goddard is the best thing that has happened to us. The quality of service is amazing."
Chambers and Partners 2016

"an outstanding litigator," who is "very pragmatic and knowledgeable and full of common sense."
Chambers and Partners 2016

"one of the best litigators in the market at the moment, extremely bright, but also down to earth and very approachable"
The Legal 500 2015