Mariel Monk is a commercial litigation / dispute resolution partner at Carter Lemon Camerons LLP. Throughout her career Mariel has worked on complex disputes for institutions, corporations and individuals involved in corporate, commercial, financial, information technology, trusts, multi jurisdictional and cross border disputes. She is a specialist in international trade including commodities, marine and logistics work and in insurance work. She has extensive experience of pursuing and defending claims for professional negligence and breach of fiduciary duty involving a wide range of professionals.
A CEDR (Centre for Effective Dispute Resolution) Accredited Mediator since 2005 Mariel is recognised in Chambers 2009 as a leader in Dispute Resolution, where she is described as having the appropriate personal demeanour for dispute resolution.
Career highlights include:
• Acting for an IFA in a dispute concerning the interpretation of MBO documentation, dealing with Pension Review claimants and the FSA involving applications to the Court of Appeal, House of Lords and a long trial in the Chancery Division of the High Court.
• Pursuing claim for offshore trust/joint venture against employees of a facility in Central Asia tracing assets, obtaining a World Wide Freezing Order in the Chancery Division of the High Court; obtaining mirror orders and blocking funds in the USA, Germany and elsewhere.
• Making applications to and defending applications made to the High Court in London for anti-suit injunctions in connection with arbitration and legal proceedings commenced in other jurisdictions and advising on points of conflict of laws and jurisdiction
• Defending a client from a claim by stock brokers arising out of unauthorised trading in illiquid stocks; including advising on relevant London Stock Exchange Rules and Financial Services Authority Regulations.
• Defending stockbrokers in a claim for unauthorised trading in stocks advising on relevant London Stock Exchange Rules and Financial Services Authority Regulations.
• On behalf of corporate client dealing with claim from bank engaged in tracing assets, including breach of fiduciary duty, equitable and common law causes of action and Money Laundering Regulations
• Pursuing and defending claims involving breach of contract, professional negligence and breach of fiduciary duty against solicitors; including corporate transactions, employment, tax issues and litigation.
• Recovery from accountants on behalf of a client whose businesses were put into serious financial difficulties as a consequence of shortcomings in due diligence carried out on an acquisition.
• Advising bank, acting in accordance with Islamic principles, in relation to issues arising out of the purchase and sale of commodities where there were fluctuations in market prices.
• Advising bank in relation to issues arising out of the cashing of bills of exchange. Dealing with bank guarantees, letters of credit and loan agreements.
• Acting for providers of information technology in a cross border dispute arising from the setting up of an on line share trading scheme, liaising with lawyers in China.
• Acting for merchants/commodity owners where cargoes not discharged at named ports. Tracing vessels, organising discharge of cargoes, arresting vessels for security, recovering expenses, involving proceedings in several jurisdictions worldwide.
• Handling London Arbitrations for international groups involving sale / carriage of commodities from Europe to the Middle East, issues with payment for goods, freight and truck demurrage and the exercise of liens.
• Successfully defending claims for damage to property (including fire damage to a fleet of vehicles) and loss of profit made against UK market insurers under policies.
• Pursuant to their instructions reviewing Road Haulage Associations 2009 Conditions of Carriage.
Mariel was educated at University of Hull and at the College of Law. She qualified as a solicitor in 1978. Mariel is a member of the Professional Negligence Lawyers Association (PNLA) and the PNLAs Lender Claims section. She has a high profile within the Womens International Shipping and Trading Association (WISTA) as secretary. She is a supporting member of the London Maritime Arbitrators Association (LMAA) and a member of the London Solicitors Litigation Association (LSLA). Mariel is mentioned in Legal Experts 2006/2007/2008/2009, published by Legal Business, for her expertise in Shipping.
Outside the office Mariel enjoys travel and walking and recently combined both when taking part in a 130km walk along the Camino (Northwest Spain) in aid of SafeHands for Mothers, raising money in support of reducing maternal and infant mortality in Ethiopa.