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About

Provided by Mark Strachan KC

Greater China Region

Practice Areas

GENERAL CIVIL LITIGATION

Arbitration

Banking and Financial Services

Civil Fraud, Asset Recovery and Injunctive Relief

Commercial Law

International Law

Personal Injuries and Medical Negligence

Professional Liability and Discipline

Career

Commercial and civil litigation and arbitration, involving a full range of constitutional and commercial disputes, including disputes with international elements, banking disputes, professional negligence claims etc.

Since taking silk in 1987 he has acted as leading counsel for numerous substantial corporations, banks and financial institutions and for various governments and individuals in England, Hong Kong and elsewhere on a full range of commercial and constitutional matters. He has been instructed in numerous multi-week commercial trials and arbitrations and in innumerable interlocutory applications in commercial matters, both in England and in Hong Kong. Since 2002 he has practised primarily in Hong Kong, being regularly instructed by most of Hong Kong’s major firms of solicitors dealing with commercial work.

Mark Strachan’s practice has included a number of civil cases involving commercial fraud both in England (prior to 2002) and in Hong Kong. In consequence, he has frequently dealt with the impact of fraud on commercial actions (Mareva injunctions, limitation periods, etc).

Mark Strachan is frequently instructed to conduct cases outside Hong Kong, both in England and elsewhere.

Mark Strachan is available to sit as an arbitrator in all commercial and other civil matters.

Professional Memberships

QC (United Kingdom): 1987

SC (Hong Kong): 2013

Recorder (United Kingdom): 1990

Deputy High Court Judge (United Kingdom): 1993

Head of Chambers (London): 1995

Publications

Various articles published in Modern Law Review, New Law Journal and Solicitors Journal

Work Highlights

Astro v First Media [2018] HKCFA 12, 33

Regarded worldwide as a landmark decision on setting aside New York Convention arbitral awards.

Registrar of Hong Kong Institute of Certified Public Accountants v Stephen Wong [2017] 20 HKCFAR 556

Important case on the meaning and proper application of accounting standards.

Becky Kwan v Cathay Pacific Airways (2012) 15 HKCFAR 615

Widely-reported test case for Cathay employees concerning their employment entitlements.

Champion Concord v Lau Koon Foo (2011) 14 HKCFAR 837

Decision on the important topic of whether O14 and O86 applications are “final” or “interlocutory” for purposes of appealing to CFA.

Official Receiver v Chan Wing Hing (2006) 9 HKCFAR 545

Very important decision whereby statutory bankruptcy provision was held by CFA to be unconstitutional.

He has also been involved in a number of decisions of significant impact in the CA and CFI. An example is Hong Kong Aircraft Engineering Co Ltd v Liquidator of Oasis Hong Kong Airlines Ltd [2011] 2 HKLRD 471, which was part of the Oasis saga and one of the leading cases on aircraft liens.

He frequently conducts cases on behalf of the Government of Trinidad and Tobago, both commercial and constitutional, including acting for the Prime Minister and other senior law officers.

Education

Oxford University Studied for Doctorate in Law, University of Nancy, France

M.A.

Oxford University

B.C.L.

University of Nancy, France

Studied for Doctorate in Law

Awards

French Government Scholar (1969)

St. Catherine's College, Oxford University

1968

Major Scholar

Inner Temple

1969

French Government Scholar

French Government

1969

Chambers Review

Provided by Chambers

Greater China Region

Commercial Dispute Resolution: The Bar - China

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Senior Statespeople
Individual Editorial

Mark Strachan KC of Parkside Chambers is noted for combining his accomplished commercial practice with an equally expert constitutional law practice. He is highly regarded by banks, financial services entities and corporations for his handling of commercial fraud, professional negligence and contentious banking matters.

Strengths

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