Mark Brooks is a partner in commercial dispute resolution at Carter Newell
What qualifications do you hold?
Joint Honours Bachelor of Arts in Law and Politics, University of Nottingham, England, Diploma of Law, Worcester College, England.
How did you get into commercial dispute resolution?
Half of my two-year articles was spent in litigation and dispute resolution - six months for insurance clients and six months for other corporate clients. To my mind, attending court and mediations as part of an adversarial process was what being a lawyer was all about.
What has been your biggest career high?
For anyone involved in commercial disputes, I suppose the highlight has to be running matters to trial. The best was probably the successful defence of a three-week trial of a third party claim against a structural engineer, whose alleged negligence was said to have caused the collapse of a building and the death of three workmen who he knew well. Aside from the significant quantum of the claim, the client lost many nights sleep, and was enormously relieved from both a personal and professional perspective when the court found he was in no way responsible.
Is the current global market affecting the work of commercial dispute resolution?
It has certainly resulted in more work. Disputes seem to be escalating to the appointment of lawyers more quickly than they were 12 months ago. Up until about a year ago parties were busy making money and focussing on preserving business relationships. There are now a number of transactions that have turned sour, for example, due to a lack of finance, and parties often find they need to enforce contractual remedies or chase debtors who may have become insolvent.
What do you think it takes to succeed in commercial dispute resolution?
The obvious - a thorough knowledge of the law and of the industry in your practice area and of your client's business and commercial imperatives. In addition, attention to detail, the ability to offer sound strategic advice that takes all those factors into account, and where appropriate, to offer solutions that do not involve litigating through the courts.
