Online profile

Mark Elder

Mark Elder

Mark Elder
Partner

  • T: 0370 086 4231
  •  I: +44 (0)121 625 4231
  • M: 07889 306063

Overview

Whilst Mark is an experienced commercial litigator with extensive experience of complex commercial disputes, he also specialises in all aspects of media law, including defamation, confidence, privacy and copyright and acts for both claimants and defendants.

Mark is a trusted adviser to his high-profile client base particularly advising high net worth individuals in the sport and entertainment industry on a wide variety of reputational management issues, defamation, privacy and crisis management. He leads the team on all phone hacking, e-mail interception and computer hacking claims against tabloid newspapers, corporations and private individuals and has in-depth knowledge of this area.

He is an experienced commercial litigator with extensive experience of complex commercial disputes. He advises a range of large PLC and privately owned businesses in a variety of disputes including breach of contract claims, corporate warranty claims/disputes, sale of goods of disputes, IP/IT (including software) disputes, shareholder and partnership disputes and professional negligence. Ove the last few years, he has advised on a significant number of breach of restrictive covenant and breach of confidentiality issues which has involved senior personnel and/or team moves.

Mark has vast experience of seeking urgent injunctive relief, including advice relating to search and seize, freezing injunctions/orders, dawn raids and acting as Court appointed supervisor on Search Orders. He is also an accredited mediator with ADR Group.

Examples of recent cases include:-

  • Representing a senior team of directors accused of (1) breach of restrictive covenants; (2) breaches of fiduciary and statutory duties; (3) diversion of business and secret profit; and (4) breach of contract.
  • Representing a well-known corporate entity with regard to a £50million pound dispute regarding breach of confidentiality.
  • Advising 2 of 5 Defendants against claims of conspiracy and springboard relief which was listed for a 5 day expedited trial.
  • Representing a global service provider of safety critical machined components for aircraft in respect of an urgent and highly complex product liability dispute.
  • Successfully advising a corporate entity in respect of a claim for adverse possession in the Court of Appeal. Successfully introducing arguments relating to the principles established in Ladd v Marshall, leading to a complete retrial being ordered.
  • Advising an ex-England International football player in an action against Mirror Group.
  • Obtaining several harassment injunctions to protect a number of companies and individuals from internet harassment campaigns.
  • Advising an MP in the Court of Appeal regarding statements in election newsletters and whether they were statements of fact or opinion.
  • Representing a number of claimants whose photographs were wrongly used in newspapers.
  • Obtaining a wide variety of Norwich Pharmacal disclosure orders against a number of ISPs, blogs and foreign websites including Google, BT, Twitter, Virgin, Sky and Facebook.
  • Advising a majority shareholder in respect of a £9million unfair prejudice and derivative action.

Mark is an ADR Group accredited mediator and a keen advocate of the alternative dispute resolution (ADR) process as a means of resolving disputes. He is a member of the Professional Negligence Lawyers' Association and a member of the Birmingham Law Society Dispute Resolution Committee.

Testimonials

Mark continues to be recognised in the latest editions of the Legal 500 and Chambers and Partners as one of the leading litigators in the Midlands