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Ropewalk - Law firm

Mark Diggle

Call: 1996

Mark was born and brought up in Nottingham and attended a local comprehensive school. He read for his law degree at the University of Glamorgan where he graduated with first class honours. He then studied at the University of Nottingham where he obtained a Masters’ degree in International Commercial Law, graduating with distinction.

Mark has built up an enviable practice in a wide variety of Chambers’ practice areas, namely, commercial and property litigation, housing and personal injury. He also has a developing interest in all aspects of licensing work including alcohol and taxi licensing.

In Mark’s view there are two features that underpin a successful practice at the Bar: hard work and attention to detail. Mark deploys each of these features in every single brief or set of instructions that he receives. It is this work ethic that has contributed Mark’s successful and growing practice.

Away from the Bar, Mark has been studying Lau Gar Kung Fu for almost five years, he has achieved his purple sash and is determined to gain a black sash or die in the attempt. Most of his spare time is spent entertaining his two young children in ever more imaginative ways.

Commercial Dispute Resolution

Mark has a particular interest in commercial work and has represented all manner of clients from individuals to multi-national companies. The range of work undertaken is as wide as it is possible and covers contentious and non-contentious work from drafting items of correspondence, reviewing standard terms and conditions to ensure compliance to representing parties all the way up to the Court of Appeal.

Property & Real Estate

Mark advises and represents across the full range of property-related issues.

Recently, instructions have been received to advise on the enforceability of exclusion clauses in a standard form contract to advise on issues arising out of the apparent loss of a freehold title following a series of conveyancing transactions, the merits of a Consumer Credit Act defence to a possession action brought by a mortgagee. In addition to those specific matters, Mark regularly deals with boundary disputes, disputes over incorporeal hereditaments contentious and non-contentious probate matters and damage to property caused by fire and flooding.

He also regularly appears in the First Tier Tribunal (Property Chamber) (Land Registration Division) dealing with all aspects of registered land including the rectification of documents.

Mark has a sizeable commercial landlord and tenant practice and is regularly involved in prosecuting and defending claims for dilapidations and other breaches of covenant, possession claims based on forfeiture, bringing and defending claims for relief from forfeiture and bringing and defending claims for new tenancies.

Housing

Mark represents both landlord and tenants in the public and private sector and is very experienced in both advancing and resisting defences based on the Equality Act 2010 and the Human Rights Act 1997.

Briefs and instructions are frequently received for ancillary types of litigation such as applications for injunctions under the Anti-Social Behaviour, Crime and Policing Act 2014 and homelessness appeals under Part VII of the Housing Act 1996 including judicial review proceedings and interim injunctions. Mark is also able to check decision letters in homeless cases and advise on their contents.

Personal Injury

Mark has been practising in this area of law for the whole of his career and has developed particular interests and expertise in counter fraud and cross border disputes involving conflicts of law and jurisdiction. Connected to that is a developing practice in accidents on passenger aircraft and ships.

There is a growing volume in claims involving accidents and incidents that have occurred abroad which requires a particular attention to detail and a knowledge of the relevant law and jurisdiction rules.

Mark acts for both Claimants and Defendants in all aspects of personal injury work and is prepared to act on a conditional fee basis in appropriate cases. In recent years, Mark has taken a growing interest in inquests and all aspects of the law relating to the Coroner’s Court.

Public Sector & Not for Profit

Mark has for several years been involved in delivering training to local authority lawyers on various issues relating to the licensing of taxis. Growing out of that is an interest in other aspects of licensing law and also the other activities of local authorities not covered above. Mark has prosecuted cases of benefit fraud and breaches of planning control and has drafted objections to applications for alcohol licenses.

Mark is happy to deliver lectures and talks to solicitors and other interested parties on topical legal subjects. Recent subjects dealt with include forfeiture and relief therefrom, the tactical use of proceedings for negative declaratory relief in road traffic cases and the Consumer Rights Act 2015.

He is registered with the Bar Council to undertake direct access work and is able to receive instructions directly from lay clients and non-legal professionals, such as surveyors.

Counter Fraud

Fraudulent claims are no longer confined to the arena of road traffic collisions and Mark has had considerable success in defeating fraudulent claims involving accidents in the workplace and also in public areas such as highways and publicly owned land.

 

Appointments

  • Direct Access Qualified

Memberships

  • Personal Injuries Bar Association
  • Professional Negligence Bar Association

Education

  • LLM (Distinction), University of Nottingham
  • LLB (First Class Honours), University of Glamorgan

Notable Cases

  • Forcelux Ltd. v Binnie [2010] HLR 20: Case concerning the correct meaning of the word “trial” in Part 39.3 of the CPR and whether the first hearing of a possession claim is a trial so as to limit the Court’s powers to set aside an order made at that hearing. The case also dealt with the correct interpretation of a covenant in the lease requiring the tenant to pay the landlord’s costs of forfeiture proceedings on the indemnity basis.
  • BSS Group plc v Makers UK Ltd. [2011] EWCA Civ 809: Case concerning a dispute about the sale of goods. In particular whether the purpose for which the goods were to be used had been communicated to the seller.
  • Long v Tolchard & Sons Ltd. [2001] PIQR P2: Second junior counsel in a case where the Defendant successfully applied for permission to appeal a decision on limitation out of time and relying principally on evidence given by the Claimant at the quantum trial which had a bearing on his date of knowledge.

For further information please contact our clerks on:

+44 (0) 115 947 2581

Location:

Postal address:
Ropewalk Chambers
24, The Ropewalk,
Nottingham, NG1 5EF.

Telephone: +44 (0) 115 947 2581

Fax: +44 (0) 115 947 6532

Document Exchange:
DX: 10060 Nottingham 17

Email: clerks@ropewalk.co.uk

Opening hours: 8:00am to 6:00pm

Out of hours:
Tony Hill – 07850 086097
Alan Odiam – 07771 603929

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