Mark Surguy
I am a career-long private practice general commercial litigator with particular expertise in complex commercial fraud. I have a special interest in computer forensics and E-Discovery, and I am the consulting editor of “International E-Discovery” published by Globe Law & Business.
As an adjunct to my involvement in criminal and civil fraud cases I also give advice in respect of data privacy and insolvency.
My practice encompasses cross-border investigations and litigation and I am very involved with my firm’s international membership of Legalink.
I am a regular speaker and writer on subjects concerning data management, fraud and e-discovery.
From 2012-2018 I chaired the Midlands Fraud Forum.
Practice Areas
Panels
- Consulting Editorial Board
- Contributing Author
Qualified Year
- 1988
Qualification
- MA Law (1985)
Education
- Trent Polytechnic (1985-1986)
- St John’s College Cambridge (1982-1985)
4 Contributions by Mark Surguy
PRACTICE NOTES
Adjournment of Trial Applications: Illustrative Case Law on Grounds, Principles and Outcomes (England and Wales)
This Practice Note offers examples of decisions where the court has considered applications to adjourn a trial. It is presented as tables: the first provides instances in which an adjournment was granted, and the second records matters where the court declined to adjourn. For an outline of the principles applied by the courts when dealing with an adjournment request, see Practice Note: Adjourning trial...
Trial adjourned—general
Case details and analysis: R (on the application of Fiona Ford) v Coventry Magistrates’ Court [2025] EWHC 843 (Admin). This was an appeal from an unsuccessful bid to adjourn magistrates’ court proceedings seeking a premises closure order...
Grounds of the adjournment application: Additional time to obtain legal aid funding...
Summary of decision: The court confirmed that the governing test is fairness. It should not be presumed that fairness dictates a single answer; in a given case, several different outcomes or approaches may each satisfy what is fair (at para [40])...
Dispute Resolution
PRACTICE NOTES
Guidance on Adjournment of Trials in England and Wales: CPR Powers, Fitzroy Factors, Article 6, Ill-health Evidence, Timing, Conditional Orders, Severance, Appeals and Costs
Practice Note
This Practice Note examines the court’s discretion to postpone a hearing under CPR 3.1(2)(b) and a party’s ability to seek such an adjournment. In particular, it identifies the five specific ‘Fitzroy Robinson’ criteria the court will weigh when deciding whether to defer or bring forward a hearing, together with discussion of authorities in which the Fitzroy factors have been applied. It also addresses additional matters the court may take into account, including the timing of any adjournment request, and considers the ill-health of a party or witness and the medical evidence that must accompany an application advanced on that basis. For examples of court judgments illustrating the courts’ approach to applications to adjourn a trial, see Practice Note: —illustrative decisions. Depending on the court in which the proceedings are being conducted, the relevant court guide may contain further guidance that should be followed—see: Court specific guidance. Attention is also given to the practicalities surrounding such applications, including when they are made and the supporting materials required...
Dispute Resolution
PRACTICE NOTES
Section 236 Insolvency Act 1986 investigations, equitable tracing (including substitution and backwards tracing), and practical considerations for insolvency office-holders’ asset recovery
Businesses may either suffer fraud or be used by their own management to commit it. In the first scenario, corporate property is diverted. In the second, the enterprise may trade partly legitimately or lack any real business. Either way, insolvency may follow. Once appointed, the office-holder will seek to uncover events, trace assets and recover value for creditors.
Investigation and enquiry into a company’s assets
After a decision is taken to appoint an insolvency practitioner (IP), the Insolvency Act 1986 (IA 1986) grants powers allowing the office-holder to probe the company’s affairs and investigate its dealings, then gather in its assets.
Under IA 1986, s 236, an administrator, administrative receiver, liquidator or provisional liquidator may ask the court to order certain persons to supply information about the company and/or its dealings, produce any books, papers or other records in their possession or under their control concerning the company, and, if needed, attend a private examination before the court:
any company officer
any person known or...
Restructuring & Insolvency
PRECEDENTS
Deed of Litigation Co‑operation between Co‑Claimants: Joint Solicitors’ Instructions, Cost and Adverse Cost Sharing, Damages Allocation and Binding Barrister Determination (England and Wales)
This Deed is dated [ date ]
Parties
[ name ], of [ address ], [ company number ] (‘A Limited’)
[ name ], of [ address ], [ company number ] (‘B Limited’)
together the ‘Claimants’.
Background
A Limited and B Limited are Claimants in High Court proceedings in the [ Chancery Division ], under Claim No. [ insert number ], against the Defendant[s]. The Solicitors act for the Claimants in the Litigation.
The Claimants were previously wholly-owned subsidiaries of [ Z limited ]. Following the commencement of the Litigation, B Limited ceased to be within [ Z Limited’s ] ownership and is now controlled by new owners.
The Claimants propose to enter into an agreement governing the conduct of the Litigation, with particular regard to the apportionment of legal costs, the settlement of liabilities incurred, and the distribution of any benefits realised...
Dispute Resolution
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