Mark Rankin

Head of Commercial Services

I head up Markel Law’s Commercial and Debt Recovery offerings.

I specialise in defending claims against professionals, in particular those in the technology, media and telecommunications sectors, both in Court and through mediation and other forms of alternative dispute resolution.  I also have a growing practice dealing with claims relating to cyber matters and data/privacy issues.  I regularly advise clients in relation to commercial contract negotiation/drafting and on intellectual property rights issues (both contentious and non-contentious).

Technology, Media and Telecommunications

I deal with a wide range of disputes in the TMT sector, including those involving: software development and licensing; hardware design, build and supply; website development; digital marketing; SEO and PPC; media campaigns (both ‘new’ and print media); and telecommunications contracts.  Allegations tend to be focussed on breach of contract, professional negligence and misrepresentation.

Common themes running through these disputes include project delay, insufficient scoping, incomplete contractual documents, unpaid fees and a lack of engagement from the end user.  My knowledge and experience in the sector provides me with an ability anticipate how disputes are likely to evolve and to provide my clients with the advice that enables the, to secure a timely resolution that is best for them and their business.  

Having recognised that ‘bad’ debts are prevalent in the TMT sector, I designed and now oversee Markel’s award-winning debt recovery service for its technology and communications policyholders. I also oversee a debt recovery service operating for a small business-focussed national membership organisation.

I also regularly provide non-contentious advice to businesses in the TMT sector in relation to both their standard contractual documentation and third party contracts.

I am a member of the Society for Computers and Law.

Other professions

I have significant experience dealing with claims against 'traditional' professionals, including solicitors, brokers, accountants, independent financial advisers and surveyors.

I also have experience of dealing with claims against emerging professions, including recruitment agencies, photographers, training providers, energy consultants, data recovery specialists and cyber security experts.

Cyber

I deal with cyber security issues and data protections matters, including those involving ransomware attacks, phishing attack, wire transfer fraud, email compromise and personal data breaches.

In the past I have advised on notifications to the Information Commissioner's Office, the Data Protection Commission (RoI) and the regulators of each of the Channel Islands, as well as more generally in relation to the General Data Protection Regulation. 

Data and Privacy

I often defend claims for privacy breaches, misuse of private information and breach of confidence, including those that arise out of the loss, destruction or unauthorised access/disclosure of personal data. 

Intellectual Property Rights

I am experienced in advising on intellectual property disputes, in particular allegations of breach of copyright, passing off and trademark infringement.